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
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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
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