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HomeMy Public PortalAbout7.26.2005 Joing Public HearingTown/—� 1 ITEM #1 01984 T.— of Hillsborough AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, July 26, 2005 7:00 PM, Town Barn Call public hearing to order. ITEM #2: Closing the portion of a public alley lying between W Margaret Ln and N&K St where it adjoins the 3 parcels identified as 4.36.E.16,17,18 and the portion of Exchange Park Ln north of the Eno River Bridge. New right of way will be dedicated to provide access. ITEM 43: Annexation request from Carillon Assisted Living for annex 4.98 acres on Orange Grove Road (TMBL 4.38.B.26f). ITEM 44: Rezoning request from Wesley Cook to rezone 7.8 acres on the north side of US 70 A from AR to Residential -20 (TMBL 4.37.C.2,2a,11c) ITEM #5: 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 will need to be sworn in. ITEM #6: 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 will need to be sworn in. ITEM #7: Amendment to Section 3.4.1 of the Zoning Ordinance to allow bars and nightclubs in General Commercial district with a Conditional Use Permit 2. ITEM #8: 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 & 4.40.B.1). Speakers on this item will need to 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 2 72 78 919-732-1270 • Fax 919-644-2390 MINUTES JOINT PUBLIC HEARING July 26, 2005 PRESENT: Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Evelyn Lloyd, Brian Lowen, Jim Boericke, Edna Ellis, Matthew Farrelly, Neil Jones, Paul Newton, Eric Oliver, Dave Remington, Barrie Wallace STAFF: Eric Peterson, Demetric Potts, Bob Hornik, and Margaret Hauth ITEM #1: Mayor Phelps called the hearing to order and provided some background on the hearing process. ITEM #2: Hauth introduced the request to close a portion of the alley right of way and Exchange Park Lane right of way. She noted both were to be relocated. Hornik noted the procedure was described in the General Statutes for closing public rights of way. Jim Parsley said that Exchange Park Lane was not being given enough priority that it could be converted to right turns only over a parking lot entrance. He said the change in traffic flow would be detrimental to Exchange Park Lane. Walter Faribault asked who would own the driveway through the parking lot that would provide north bound access to Exchange Park Lane. He asked the members to consider another alternative. Hauth noted that the parking lot would be owned by the Gateway Center, but if the driveway access was required in their approval, they could not remove it without the Town Board's approval. Steve Yuhasz said he had no objection to the revisions. He asked the members to not trade the public right of way for something less than a new public right of way. Evelyn Poole -Kober said that the proposal gave priority to the parking lot entrance over Exchange Park Lane residents and businesses. She said that the access through the parking lot was not safe and inappropriate. She noted the town just spent significant funds to make the bridge safe for traffic, so it should not be closed to traffic. Ellis noted her support for keeping the bridge open. Jim Parker, speaking on behalf of the applicant, noted that the right in, right out plan for Exchange Park Lane is the safer option. He said that liability for parking lot use rests with the driver. He noted that the relocated alley would be public. ITEM #3: Hauth introduced the annexation request from Carillon Assisted Living for their site on Orange Grove Road. Hauth noted that the applicant had indicated a willingness to be annexed during the project review and was following upon that request. She said the request was for non-contiguous property. She noted the town currently covered 3300 acres, which allowed for 330 satellite acres. She said 218 acres of satellite allocation remained, which was sufficient for the 5 acre site. Hauth noted that 3 members of the Carillon staff were present to answer questions. Bob Steenson spoke in favor of the request, representing Carillon. He said Carillon would be a good addition to town with additional tax base and jobs with very little call for public services. Mayor Phelps closed the public hearing on items 2 and 3 and passed the gavel to Jim Boericke, Planning Board chair, who convened the joint public hearing. ITEM #4: Hauth introduced the rezoning request by Wes Cook to rezone 7.8 acres from Agricultural Residential with a 40,000 sf minimum lot size to R-20 with a 20,000 sf minimum lot size. She noted this is a general purpose rezoning, so there are not development plans to review for the property. She added that if the request is approved, a subdivision application would be the next step. Hauth said that Cook was not seeking annexation. She said it was her understanding that Joint Public Hearing Minutes July 26, 2005 1 of 6 the lots would have septic and municipal water. She noted that during the subdivision review the Town would require that all lots perked before approving them. She noted comments from a neighbor were included in the packets at the members' seats. Wes Cook appeared on behalf of his request. He said he would extend sewer to the project. He said creating an access on US 70 Business would have good sight distances and provide an alternative so no one would have to use the entrance through the stone gates. He added that the development should not impact residents of Tuscarora Drive. Ellis asked whether he was creating lots or lots and houses. Cook said he plans for at least 10 lots and a public road. She asked if the road would have sidewalks as required by the ordinance. Cook said if sidewalks were required, he would construct them. Hornik reminded the members that the rezoning request focused on whether the range of permitted uses in the R-20 zone was appropriate uses on the property in question. He noted the development issues would be addressed if the rezoning was approved and a development application filed. Jack Payne spoke regarding the application. He asked whether the development would impact town services. He also asked why the town was considering approving additional housing when there are vacant houses in town. ITEM #5: Hauth introduced the annexation, zoning, and master plan application for Owl's Wood. She noted that 4.3 acres of the site in the northeast are seeking annexation in addition to the development plan. She said this proposal is more intensive than the estimate used in projecting water use for the property and that revised water projections were provided to the members. Hauth added that the property owners to the south had timely submitted a sufficient protest petition on this item, which would trigger the need for a 4/5 or unanimous vote on the rezoning aspect. She said that the request is for a master plan only, not actual site development. She highlighted 6 discussion issues: driveway alignment with Ashton Hall, the lack of a second access point for the residential component, no traffic impact statement, clarification of the impact to Valley Forge Road, the impact of approval on the alignment choice for Elizabeth Brady Road, and the desirability of a use matrix for the parcels. Hauth noted that the members may want to consider holding the public hearing open on this item if additional technical information is needed. Brian Ketchem from Summit Consulting Engineers was sworn in. Ketchem appeared on behalf of the applicant, Owl's Wood, LLC. He noted that the Master Plan was not submitted to force a decision or alignment choice for Brady Road, but to provide flexibility to allow this site to develop before the alignment is selected. He noted that the phasing was designed to allow the alignment to be selected first and to not place a building in a potential path. Ketchem said his client was working with the neighbor to try to address the concerns that prompted the protest petition. He added they are still looking for alternative access points to avoid crossing the creek on the property. He asked the board to consider creative options including a boulevard entrance with a median or emergency only accesses. Ketchem said that every use listed on the parcels was not expected on that parcel, but it described the range of possibility. He said they expected turn lane requirements at the entrances and were willing to provide them. Ketchem said he was unsure how NCDOT planned to address the Valley Forge connection if NC 86 is shifted. He said the plans show alternatives. Hornik asked Ketchem if Mark Trustin is a partner in Owls Wood LLC and if his signature on the annexation petition is on behalf of the LLC. Ketchem confirmed both. Ellis asked for clarification about the proposed road. Ketchem said the applicant did not plan to realign NC 86. He said driveway connections would be made where indicated on the plan so that if the eastern alignments for Brady were chosen, buildings would not be in the way of the road Joint Public Hearing Minutes July 26, 2005 2 of 6 project. She asked why residential was being proposed when Hillsborough needs more business opportunities. Ketchem said the site is too steep to economically grade for large scale commercial development. Smaller buildings that are on smaller footprints work better on this site. He added that residential that would be interested in the commercial use on this site and the services available in the Meadowlands would be appealing to people who wanted to live in a compact, mixed use type setting. Ketchem noted that road access for commercial enterprises would be more important than for the residential and the applicant really did not want to impact the site creek with a road crossing. Carl Merritt was sworn in. He said he signed the petition in response to the residential development portion. He said head no objections to the non-residential phases. He said the area is an industrial district and should remain that way. He said there are very limited options for industrial development and this area should be reserved for those uses. Charles Hester was sworn in. He said he is a general contractor, real estate broker, single office building developer, and owner of the Employment Security Commission site. He said in Boone he needed to secure Council approval for a water connection and Board of Adjustment approval for a special use permit to change the views in an area by building a new single office building. He said at age 70, he criticizes everything. He said the entrance to Hillsborough along NC 86 is one of his favorites. He asked that Valley Forge Road not be cut off from NC 86. He said he is opposed to any development that changes the face of the community. Allen Knight was sworn in. He said he is not opposed to the development. He said he owns the storage and flex space on the corner of NC 86 and US 70 A. He said his concern is with the realignment on NC 86. He said that choice is NCDOT's. He said the project should wait until the alignment is selected. He said NCDOT will take the path of least resistance and by approving developments showing a particular alignment, the town is influencing the selection. Knight said there are 20 businesses on Valley Forge Road and there is the potential for Valley Forge to become right in, right out if the connection to NC 86 is too close to the US 70 A intersection. He noted that this could force extra truck traffic onto Churton Street to allow business trucks to return to their site. Mark O'Neal was sworn in. He said referred to the letter submitted by the owner, Mark Trustin. He said that the downzoning of the property to Limited Office and the time-consuming process Hampton Pointe went through for approvals makes potential buyers nervous about developing in this corridor. He said his client is excited about providing a round about, transit access, and pedestrian access. He added that additional residential development in Hillsborough is needed to support and secure the commercial development. O'Neal noted that the comments so far have been about traffic. He said that the Brady project provides the relief and the proposed plan for Owl's Wood maintains the options under consideration. Blair Pollock was sworn in. He said he was representing the Village Project. He noted this project provides a tie into the river corridor. He said that connectivity among developments and to downtown are both very important. Evelyn Poole -Kober was sworn in. She said that "senior citizen" must be the buzzword for developers in Hillsborough. She quoted Ketchem's comments from the newspaper saying that the neighborhood is walkable, which is good in her opinion. His comments continued that residents Joint Public Hearing Minutes July 26, 2005 3 of 6 could get downtown but wouldn't have to go downtown. She said she didn't understand that comment. She asked if the development will provide shuttles. She said she currently will not drive through the intersection at 86 and 70a due to traffic congestion. She expressed concern because the proposed uses are both high water use and high traffic. She added that her commute to RTP is currently 15 minutes from Hillsborough to Alexander Drive and another 15 minutes from her house to the interstate. She asked the members to consider the traffic and water impact. Ketchem noted that the application was not meant to force anyone's hand for an alignment for Brady Road. He said the plan keeps the options open, which allows this development to proceed before the decision is made. He said the suggestion for a senior oriented development was due to the proximity of serves in the Meadowlands. He said the site would accommodate transit. ITEM #6: Hauth introduced the Gandhi Special Use Permit application to construct and convenience store with gas pumps, Huddle House restaurant, and carwash at 620 Hampton Pointe Blvd. She apologized for the poor order in the packet, since the response letter was before the application. She noted that the applicant addressed many of the questions by reducing the numbers of pumps, adding the frontage sidewalk, and limiting left turns from the site. She noted the discussion items include: signage, hours of operation, appropriateness of uses, impervious surface, and incomplete utility and stormwater reviews. She noted the applicant was present and a number of written comments were included in the packet. Hornik noted that the written comments would be in the record of the hearing, but cold not be considered competent evidence because the authors were not sworn and were not available for cross examination. Ray Watson of the John R McAdams Company was sworn in to represent the application. He said he was available for questions and that they are still investigating the true impervious surface limit and methods to limit left turns at the driveway and still accommodate delivery trucks. Matt Heinz was sworn in. He said he lives in Beckett's Ridge and described the current noise and light impacts from Hampton Pointe on the neighborhood. He said this proposal would onlybring more traffic, especially interstate traffic. He noted that the application does not bring anything new to Hillsborough; all of these uses are readily available. He asked if this proposal was to serve Hillsborough or interstate traffic. Chuck Nolan was sworn in. He thanked the members for their public service. He said he wanted to add his voice to the opposition. He asked what this proposal would do to the nature of the neighborhood. He said it would continue the "truck stop" nature rather than encourage anything better. Hank VanDeventer was sworn in. He said he lives in Wildwood and they were not thrilled when Hampton Pointe was proposed. He said there is not a lot of character on this side of town. He said the gas station will be tomorrow's "gentlemen's club." He asked if we were robbing the Waffle House's customers to support the Huddle House. Sarah McRae was sworn in. She said she lives in Granview. She said she opposes the Special Use Permit because of the 24 hour uses. She said they encourage noise and perpetuate the "truck stop" look. She said Hampton Pointe was supposed to be a high end, family oriented development rather than for passers by. Joint Public Hearing Minutes July 26, 2005 4 of 6 Dilip Gandhi was sworn in. He said is the applicant. He said he understands the concerns of the neighbors. He said if they will visit our other locations they will see. He added that he does not want the "truck stop" look either. He said he operates a first class facility and has had no complaints from 3 other facilities. He added that he could improve the competition for gasoline process in Hillsborough. ITEM #7: Hauth introduced the request for a text amendment to allow bar and nightclubs as Conditional Uses in the General Commercial zone. She noted the applicant submitted this proposal rather than seeking Planning Board sponsorship due to time constraints. She added that the ordinance currently defines pool halls as nightclubs and the applicant wished to put a combination bar and pool hall in the current Thunderbolt South location. Doug Fisher appeared as the applicant. He said that most of the motorcycle customers were coming from Durham, so they decided to move the store back to Durham. He said the change will not change the look of the center. He said the operation would be close to a sports bar with video games, pool table, and prepared food. A short recess was called to allow for the set-up on the PowerPoint presentation for Item 8. ITEM #8: Hauth briefly introduced the annexation, zoning and Special Use Permit for Ashton Hall. She said that a neighbor has made her aware of a potential property line inaccuracy that will have to be resolved. She noted that the previously discussed connection to Fox Haven is via a natural surface trail. She said a number of street issues remain, including the right of way width for internal streets, the use of an eyebrow feature near the water tank, and the need to align with the Owl's Wood driveway. She noted that no dumpster was proposed for the townhome section and its placement for the non-residential building could lead to noise concerns. She added that the members would have to decide whether the submitted information was sufficient for the nonresidential building. Hauth said the submittal did not include signage information and contained unusual residential styles. Hauth suggested the members also consider whether the buffers were sufficient and adequately protected. Jack Smyre and Rob Wilson, appearing on behalf of the applicants were both sworn in. They presented a detailed PowerPoint presentation that lasted approximately 90 minutes that detailed the current site conditions and proposed development. Commissioner Hallman asked whether any of the lots were to be dedicated to the land trust to provide affordable housing. Smyre said that would be a topic of discussion going forward. Marie Holmes was sworn in. She described her concern about the accuracy of the property lines based on recorded maps from the 1920s when US 70 was constructed near the alignment of Old NC 10. She noted the alignments didn't fully overlap, which would impact the proper location of the property lines. She expressed concern that the development would encroach on her rear property line. She noted that traffic is a problem in the area and exiting her driveway is dangerous. She noted that a 35 mph speed limit on US 70 was fast enough. She asked the members to indicate that other property owners would be given the same consideration when they sought commercial rezoning in the future. Carl Sain was sworn in. He noted that some of the property encroachment was his property onto the applicant's. He noted that the presentation did not include the request at the neighborhood meeting for a privacy fence by those fronting on US 70 to prevent walk-through traffic. He expressed concern about existing traffic congestion and what this development would add. He said he was also concerned about the impact of construction blasting for existing wells and water Joint Public Hearing Minutes July 26, 2005 5 of 6 Delip Gandhi was sworn in. He said is the applicant. He said he understands the concerns of the neighbors. He said if they will visit our other locations they will see. He added that he does not want the "truck stop" look either. He said he operates a first class facility and has had no complaints from 3 other facilities. He added that he could improve the competition for gasoline process in Hillsborough. ITEM #7: Hauth introduced the request for a text amendment to allow bar and nightclubs as Conditional Uses in the General Commercial zone. She noted the applicant submitted this proposal rather than seeking Planning Board sponsorship due to time constraints. She added that the ordinance currently defines pool halls as nightclubs and the applicant wished to put a combination bar and pool hall in the current Thunderbolt South location. Doug Fisher appeared as the applicant. He said that most of the motorcycle customers were coming from Durham, so they decided to move the store back to Durham. He said the change will not change the look of the center. He said the operation would be close to a sports bar with video games, pool table? and prepared food. A short recess was called to allow for the set-up on the PowerPoint presentation for Item 8. ITEM #8: Hauth briefly introduced the annexation, zoning and Special Use Permit for Ashton Hall. She said that a neighbor has made her aware of a potential property line inaccuracy that will have to be resolved. She noted that the previously discussed connection to Fox Haven is via a natural surface trail. She said a number of street issues remain, including the right of way width for internal streets, the use of an eyebrow feature near the water tank, and the need to align with the Owl's Wood driveway. She noted that no dumpster was proposed for the townhome section and its placement for the non-residential building could lead to noise concerns. She added that the members would have to decide whether the submitted information was sufficient for the nonresidential building. Hauth said the submittal did not include signage information and contained unusual residential styles. Hauth suggested the members also consider whether the buffers were sufficient and adequately protected. Jack Smyre and Rob Wilson, appearing on behalf of the applicants were both sworn in. They presented a detailed PowerPoint presentation that lasted approximately 90 minutes that detailed the current site conditions and proposed development. Commissioner Hallman asked whether any of the lots were to be dedicated to the land trust to provide affordable housing. Smyre said that would be a topic of discussion going forward. Marie Holmes was sworn in. She described her concern about the accuracy of the property lines based on recorded maps from the 1920s when US 70 was constructed near the alignment of Old NC 10. She noted the alignments didn't fully overlap, which would impact the proper location of the property lines. She expressed concern that the development would encroach on her rear property line. She noted that traffic is a problem in the area and exiting her driveway is dangerous. She noted that a 35 mph speed limit on US 70 was fast enough. She asked the members to indicate that other property owners would be given the same consideration when they sought commercial rezoning in the future. Carl Sain was sworn in. He noted that some of the property encroachment was his property onto the applicant's. He noted that the presentation did not include the request at the neighborhood meeting for a privacy fence by those fronting on US 70 to prevent walk-through traffic. He expressed concern about existing traffic congestion and what this development would add. He said he was also concerned about the impact of construction blasting for existing wells and water Joint Public Hearing Minutes July 26, 2005 5 of 6 lines. He noted that the 50 foot buffer had been reduced to 20 feet. He asked the members to look at this development hard before deciding. Evelyn Poole -Kober was sworn in. She said many of her concerns were addressed by the presentation. She said she agreed with Orange County's courtesy review comments. She noted that the current owners will be pestered to sell their property based on her own experience with family property in Lincoln County. She said she was on the Planning Board when the Meadowlands was approved. She said the plan was supposed to include a daycare center, as was provided in the EPA building in RTP. She said that if one had been built, Meadowlands would have been finished years ago. She said a day care center is needed in this development. Mike Drowns was sworn in. He asked that the speed limit on US 70 be consistent at 35 mph. He asked that the ownership be completely resolved. He noted that the neighborhood is changing. He said the Harman Young small area plan had indicated the south side of 70 was in a 10 -year transition area and the north side 20 -year. He noted the study was just about 20 years old. He asked the members to please make sure the development is mindful of the neighbors living there. Robert Gordon was sworn in. He said he lives in Poplar Ridge. He expressed concern about the traffic; he currently has children at the Charter School. He said the intersection with NC 86 is very dangerous. He said he will miss his privacy and is concerned about the impact of blasting on his well. Ricky Cherry was sworn in. He said the sewer plant can't handle the current flows and has routine spills. He said the town doesn't have sufficient water pressure and he knows because he's a firefighter. Jay Zaragoza was sworn in. He said he worked for years in Wake County's Planning Department. He asked the members if this is the kind of density they want for the town and into the future. He cautioned that if this project is approved, the town will see more requests for the same. Smyre said he and his team have been taking notes and plan to address the comments. Commissioner Gering suggested that the public hearing should remain open on Owls' Wood, Gandhi, and Ashton Hall. Hornik said if additional testimony was needed on those items, the hearing should remain open so additional testimony can be sworn. He noted the options are to set a specific future date, in which case advertising and notices would not be required, or set the date later and re-notifiy the public. MOTION: Commissioner Gering moved to continue the public hearings on items 5, 6, and 8 to an unspecified date and time. Commissioner Hallman seconded. VOTE: Unanimous (12-0). Boericke closed the public hearing on items 4 and 7 and returned the gavel to Mayor Phelps. Mayor Phelps adjourned the meeting at 10:40 PM. Respect ally mitted, M rgaret A. Hauth, Secretary 4/(,1.5 - date Joint Public Hearing Minutes July 26, 2005 6 of 6