HomeMy Public PortalAbout1.23.2007 Joint Public HearingTown
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AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, January 23, 2007
7:00 PM, Mural courtroom, New Orange County Courthouse
ITEM #1: Call public hearing to order.
ITEM #2: Annexation and Zoning Request from CCD Corp to annex 3.48 acres on NC 57 and
have it zoned Light Industrial to match the 3 8.5 8 acres to the north. (Part of 4.4..1).
ITEM #3: Master Plan modifications for Waterstone to: Increase the allowable retail square
footage in Parcel 13 to 90,000; Increase the allowable retail square footage in Parcel 22 to
450,000, (speakers for this item will need to be sworn in)
ITEM #4: Rezoning and Special Use Permit Request from Coucoulas/Knight Properties to rezone
2.16 ac on the west side of the 500 block of N Churton St from Residential -20 and
Neighborhood Business to Entranceway Special Use with a Special Use Permit to build
33 residential condominium units beside the Sinclair Station building. TMBL
4.19.A.11,12,13. (speakers for this item will need to be sworn in)
ITEM #5: Special Use Permit for Bellevue Development, LLC to convert the existing industrial
buildings at 202 S Nash St to 85 apartment units and 200 parking spaces with driveway
access from South Bellvue Ave. and parking on the east side of S Nash St.(TMBL
4.34.E.21, 4.34.E.21c, and 4.35.H.10) (speakers for this item will need to be sworn in)
ITEM #6: Amend Section 3.4.1 and 4 of the Zoning Ordinance to create "cemetery, non-profit" as a
conditional use and establish permit requirements.
ITEM #7: Amend Flood Damage Prevention Ordinance to reflect updated floodplain maps and
prohibit new development in the floodplain with exceptions for street, utilities, and
recreation facilities.
ITEM #8: Amend Section 21.7, Prevention of Demolition by Neglect, to clarify and streamline the
existing language.
ITEM #9: Close public hearing and convene special Planning Board meeting to offer
recommendation regarding the Flood Damage Prevention Ordinance amendments.
ITEM #10: Convene special Town Board meeting to consider action of the Flood Damage Prevention
Ordinance amendments.
Please call the Clerk or Planning Department if you cannot attend
732-1270 ext. 71 or73
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
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, January 23, 2007
7:00 PM, Mural Courtroom, New Orange County Courthouse
BOARD OF COMMISSIONERS PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy,
Evelyn Lloyd, Mike Gering, L. Eric Hallman, and Brian Lowen.
PLANNING BOARD MEMBERS PRESENT: Tom Campanella, Edna Ellis, Kathleen Faherty, Neil
Jones, Eric Oliver, Dave Remington, Toby Vandemark, and Barrie Wallace.
STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director
Demetric Potts, Planning Director Margaret Hauth, and Town Attorney Bob Hornik.
ITEM #1: Call public hearing to order. Mayor Stevens called the meeting to order and passed the
gavel to Planning Board vice -chair Toby Vandemark who opened the Joint Public Hearing.
ITEM #2: Annexation and Zoning Request from CCD Corporation to annex 3.48 acres on NC
57 and have it zoned Light Industrial to match the 38.58 acres to the North (Part of
4.4.1)
Ms. Hauth noted the request is to annex a parcel adjacent to the 38 acres recently annexed and zone the
parcel Light Industrial as well. Louie Callemyn, speaking for CCDC, noted that much information had
been submitted in the packet. He stated this was a family-owned property, and was available to answer
questions.
Ms. Ellis commented that she did not find that CCDC was the owner of record in the County's land
records. Mr. Callemyn replied that the property was owned by his son. Ms. Hauth commented that the
petition had been signed by CCDC. Mr. Callemyn stated that it was now CCDC. Mr. Hornik again
asked if CCDC owned the parcel in question. Mr. Callemyn responded yes.
ITEM #3: Master Plan Modifications for Waterstone to increase the allowable retail square
footage in Parcel 13 to 90,000, and increase the allowable retail square footage in
Parcel 22 to 450,000.
Ms. Hauth was sworn in. She called attention to letters contained in the packet, and addressed Orange
County comments. Ms. Hauth stated that a new TIA had been submitted, although it was not contained
in the packet. She said copies were available if needed.
Dave Denison from Stratford Development was sworn in. He said the agenda packet includes responses
from Tim Michael regarding environmental constraints, Barbara Todd regarding design and impervious
surfaces, and Earl Llewellyn regarding transportation impacts. He said he was available to answer
questions. In talking with potential partners, he said, they have asked about the "underutilization" of the
tract. He said the tract was large enough to handle the requested square footage.
Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to
close the public hearing on Item #2 by a vote of 13-0. The motion was declared passed.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to
close the public hearing on Item #3 by a vote of 13-0. The motion was declared passed.
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ITEM #4: Rezoning and Special Use Permit Request from Coucoulas/Knight Properties to
rezone 2.16 acres on the west side of the 500 block of North Churton Street from
Residential -20 and Neighborhood Business to Entranceway Special Use with a
Special Use Permit to build 20 residential condominium units beside the Sinclair
Station building (TMBL 4.19.A.11,12,13)
Ms. Hauth provided a brief overview of the property, and highlighted a few changes that had been made
to the application.
Allen Knight was sworn in. He stated he had heard at the last hearing about size, intensity and design of
the proposal. Mr. Knight stated he respected the process, and had personally redesigned the project,
noting that the revision was his response to the last hearing. He said the project had benefited from the
process.
Mr. Knight said he had walked the district and gained a new appreciation of it. He explained that the
project consisted of 20 units in 2 structures, it was 2 '/2 stories above grade; it included below -grade
parking, and was more residentially scaled. Mr. Knight said he had moved the buildings away from the
south and west property line. In comparison, he stated that Burwell School, Midlawn, and Inn at
Teardrops were of a similar scale. Mr. Knight said his plans used front porches and was harmonious and
in scale with adjacent residential structures.
Mr. Knight said he believed the issues raised had now been addressed. He said there had been a dozen
site tours as well as a second formal neighborhood meeting, and he had shared the vision for the site
with adjacent and surrounding properties. Mr. Knight said he was entering a petition in support of the
project, which included signatures of downtown business owners.
Mr. Knight said submittal of this project was inspired by the Churton Street Plan and consistent with that
Plan. He noted it was also consistent with the Vision 2010 Plan. Mr. Knight said it provided a walkable
housing plan not currently available. He read a statement by Richard Silverman, which said the project
supported the economic vitality of the downtown by placing owner/occupants in the area. He also read a
statement from the Churton Street Plan and 20 specific items in the Churton Plan that were consistent
with this project.
Mr. Knight said the Entranceway Special Use district was the tool that allowed the implementation of
the visions stated in the adopted plans since it required the submittal of a specific proposal. He said the
request was specific and ran for 24 months. Mr. Knight added that special use was the trend of
municipalities. As adopted the Entranceway Special Use, he said, the Board was able to review a
specific plan. He quoted the ordinance, noting that this plan referred to either an SUP or a master plan
with 20 acres. He said that this district gave the flexibility needed. Mr. Knight quoted another section,
noting that this district was not precedent setting. He said that the only precedent was to encourage
other property owners to redevelop their property. Mr. Knight said the Board's approval would show
that the Town was serious about sustainable development. He submitted into the record a letter form an
appraiser and notes from a neighborhood meeting and its attendees.
Commissioner Gering said he appreciated Mr. Knight's interpretation. He asked what he believed the
word "entranceway" meant. Mr. Knight responded that this was the gateway to the historic district,
noting that entranceways led into the Town. Commissioner Gering asked where would not be an
entranceway. Mr. Knight responded that in the Churton Street Plan, a gateway was an entranceway
Ms. Ellis said she was concerned about the single driveway, especially since it was on US 70 Business.
Joint Planning Hearing, 01-23-07
Jim Parker noted he had been working with Chuck Edwards to solicit comments. He said a phone
comment asked not to require a turn lane on Corbin Street, but that comment was not available in
writing. He said at a previous meeting, concern was noted about the driveway on Churton Street. Mr.
Parker said with the reduced size, additional access was not needed.
Ms. Ellis said she lived near the site, and traffic had noticeably increased. She suggested using parking
for Sinclair Station. Mr. Knight said they wanted to combine this into one single property, with one
master association to own all parking and all common areas. He said that would provide continuity of
ownership as well as maintenance.
Ms. Ellis asked if it were combined, would he sell it as one tract. Mr. Knight responded that it could not
be sold separately, because the condominium agreement would govern that. Ms. Ellis asked about the
dumpster location, noting it looked too close to the adjoining neighbor. Mr. Knight said the location
was flexible, noting they were trying to keep it centrally located. He said there would be a buffer
between this property and the neighbor's property.
Ms. Ellis asked about the landscaping and types of trees that were planned to be used. Mr. Knight said
that all that was shown on the plan was what currently existed, noting they primarily were nut trees. He
said the new plantings would be evergreen. Ms. Ellis stated that the plans were not showing any new
plantings. Mr. Parker stated that the plans showed showing existing and specimen trees, noting that the
undergrowth would remain. He said he had not shown the required additional landscaping, stating that
he was trying to highlight preservation of existing trees rather than new trees.
Ms. Ellis asked had the Police been consulted for comments. Mr. Knight replied that commented from
the Police had not been requested.
Commissioner Hallman asked about the third -party letters that had been submitted. Mr. Hornik said
they could be accepted, but they should been given the appropriate weight.
Commissioner Gering asked for an explanation of the staff perspective of the intent of the Entranceway
Special Use district, and advice to give to Mr. Knight. Ms Hauth reminded the members that when the
ESU district was created in 2000, the board was considering Hampton Pointe and Waterstone, two large
scale developments on the edge of town. It was these larger projects with a mixture of uses that were
intended to be encouraged with the district. She noted the district was created because the existing
options both in terms of processes and requirements were not sufficient to handle large scale sites. Ms.
Hauth responded that she often discusses projects with applicants before they apply to match their
request to available options. She noted that Mr. Knight's desire the share parking and introduce attached
residential to the existing Sinclair project was only possible under the Entranceway Special Use district
as it is the only mixed use district in the ordinance. She noted that she advised Mr. Knight that the
district would be a stretch of the intent of the district, but within the interpretation range for the boards to
consider. She added that the ESU district was established to allow flexibility and the board had the
ability to consider the project and the intent of the district and determine on a case by case basis whether
the rezoning request was appropriate.
Vickie Wilson was sworn in. She said she represented a group of neighbors and property owners. She
said these concerns had been clearly stated previously, adding she had not come to talk about density,
parking or site planning. Ms. Wilson said she wanted to talk about setting the stage for future growth in
the community. She said the concern had not been the project, but the district. Ms. Wilson said such a
Joint Planning Hearing, 01-23-07
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district was meant for the edge of Town, for multi -use projects in more remote areas. She said this
project was piggybacking on the previously approved site and not on an entranceway, adding it was in
Town and not on 20 acres. Ms. Wilson stated that such projects could spread throughout the Town and
the historic district. She noted that the property owner was aware of the current zoning when he
acquired the property.
Ms. Wilson said it was necessary to change the ordinance now so that future neighbors did not have to
spend significant time fighting. She asked that the Board deny the application, and to clarify the
conditions under which the Entranceway Special Use district could be applied.
Holly Snyder was sworn in. She stated she was a licensed contractor specializing in preservation, and
commented on the petition. She said she had been shown renderings and was told the dwellings would
replace dilapidated housing. Ms. Snyder said she had not been informed of the lasting effects of the
Entranceway Special Use, she had not been informed of the precedent, and had not been informed that
developers were lining up. She quoted supporters that they did not understand the Entranceway Special
Use district. Ms. Snyder said speakers tonight should be asked if they understood the Entranceway
Special Use and whether they understood the impact.
Ms. Snyder said the existing site had been characterized as having non-contributing structures. She
noted that the house at 509 N Churton was contributing, noting it appeared on the 1924 Sanborn map
and then read the description from the Town's inventory. Ms. Snyder said the Historic District
guidelines stated that the demolition of a contributing building was an irrevocable act that was strongly
discouraged. She said it was an ideal candidate for restoration, adding she believed the applicant was
overzealous.
Ms. Snyder said if approved, this would be a welcome sign to developers to diversify the historic
district. She said in her opinion, it could change the character of the entire town. Ms. Snyder asked that
the application be denied, that the house be saved, and that the Board pledge to attach guidelines to
appropriately stop applications in the Planning Office.
Joe Rees was sworn in. He said he was very excited by this prospective project, and he was speaking to
reinforce support for the application. He said the buildings fit well overall and improved the appearance
of the area. Mr. Rees said the driveway removal would simplify Churton Street. He said he believed the
tree preservation was well thought out and a significant addition. He urged the Board to give the project
serious consideration and approval. Mr. Rees added that he was informed of the implications of the
rezoning.
Ed Slanker was sworn in. He said he had moved here 6 years ago and loved the small town feel and
beauty of the architecture. He noted that housing options were in short supply in the downtown, and the
area was in need of revitalization. He said such housing would appeal to both the older and younger
generations, noting that downtown residents would tend to eat out and foot traffic would improve. He
said he supported the application as a positive addition to the community.
Craig Perrin was sworn in. He said he is a resident of 114 West Orange Street and said he took
exception to a previous speaker, noting the block was in good shape. He said he was an expert witness
regarding surveying and opinion polling and was petitioning the Town for redress. Mr. Perrin said he
understood that expert witnesses helped protect the Town's decision.
Joint Planning Hearing, 01-23-07
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Mr. Perrin said he had another petition with 134 signatures. He referred to political organizations in the
1980s and Jesse Jackson's campaign. Mr. Perrin recounted discussing signatures with residents, noting
there was a business owner who regretted signing the petition, as well as a couple who had regrets. He
said that the submitted petition be carefully checked. He asked if it stated that it is a rezoning, and if it
specified that a Special Use permit was involved. Mr. Perrin read the header on the petition he was
submitting. He said the applicant wanted it both ways, noting this was not a precedent and the key to
redeveloping Churton Street
Suzanne Roy was sworn in. She said she had purchased her home on West Orange Street 3 years ago,
and one factor in that purchase was the surrounding residential zoning. She said she had not anticipated
this type of project, noting it was too much density on too small a property. Ms. Roy said she did not
understand the connection of the two properties. She added she was disappointed that Mr. Knight went
all over Town before showing the plans to the neighbors. Ms. Roy said the neighbors were unified in
their opposition, and asked the Board to reject the plan.
Sally Fierro was sworn in. She said she was not an expert, but had read about the project in the
newspaper. She said she did not live in the downtown, but did enjoy visiting the downtown. Ms. Fierro
said she was in favor of project, noting she had been told about the Entranceway Special Use zoning
when she was approached about the project. She said when she came into Town from the north; the
Sinclair Station was the entranceway as was the bridge on the south. Ms. Fierro said she sympathized
with the neighbors, but the positive outweighed any concerns. As an example, she noted that the
condominiums on Franklin Street in Chapel Hill were a positive for that town. Ms. Fierro said the
inclusion of an elevator was positive, noting she had a disability. She said this project would add to a
growing market and would improve the tax base. Ms. Fierro said this project was minor in comparison
to other improvements approved.
Linda Nettles was sworn in. She said she had moved here 30 years ago, and had come for graduate
school and never left. She said Hillsborough was a very different environment from the way she had
grown up. Ms. Nettles said the changes were exciting and noted there were limited resources for elderly
housing. She said this project was exciting to her personally. Ms. Nettles said she could not speak as a
neighbor or as a native, but for her personally, she looked forward to be able to spend lots of years here.
She said the Town needed housing options. She said she could not speak regarding zoning law, but had
wanted to share her personal thoughts.
Chris Wachholz was worn in. He echoed Ms. Nettles comments regarding housing options. He said he
was a contractor and worked in architectural salvage. He said he could not help everyone who
approached him because there wasn't enough land in Hillsborough. Mr. Wachholz said the proposed
condominiums provided an option, noting the plans contributed to the fabric of the community. Mr.
Wachholz indicated that Entranceway Special Use zoning had been discussed, and Town officials
should not be afraid to set precedents or make exceptions when it was in the best interest of the Town.
He said he had inspected the existing buildings closely, adding that the smaller house could be moved
and the others could be deconstructed and relocated. Mr. Wachholz said only the small house
contributed to the Town.
Sam Griffith was sworn in. He said he lived about 100 yards from the project. He said he loved the
small scale of that area. He said he would admit that the existing structures weren't glorious, but they
did fit in. Mr. Griffith said the current proposal was inappropriate, noting that Churton Street had micro -
climates in that each block was what it was. He said that diversity was the character of the district and
Joint Planning Hearing, 01-23-07
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condominiums would disrupt that. Mr. Griffith said he preferred multi -family as an option, adding that
the next item on the agenda was a better option.
Holly Reid was sworn in. She said she was supportive of walkable communities, and considered density
to increase walkable. She stated that density was not the enemy, and density was needed to support the
downtown, improve air and water quality, and many other positive aspects. Ms. Reid said we needed to
require applicants to think about connectivity and relationships to adjacent properties. She said that was
not a requirement for this applicant, but it should have been.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board voted to close
the public hearing by a vote of 13-0. The motion was declared passed.
ITEM #5: Special Use Permit for Bellevue Development, LLC to convert the existing industrial
buildings at 202 South Nash Street to 85 apartment units and 200 parking spaces
with driveway access from South Bellevue Avenue and parking on the east side of
South Nash Street (TMBL 4.34.E.21, 4.34.E.21c, and 4.34.H.10)
Ms. Hauth provided a brief overview of the application, providing the pertinent details of the proposed
proj ect.
Henry Campen was sworn in. He said he is the owner's representative. He introduced the family:
Michael Falk, Harry Falk, and Susan Green. He provided a brief family and company history. Mr.
Campen described the project, noting it was just less than 20 acres, zoned General Industrial, and a
Special Use Permit allowed this process. Mr. Campen said the property carried a National Register
listing.
Mr. Campen referred to the Brownfields agreement with DENR, and referred to land use restrictions in
return for no further action request. He said they had received no notification that the application was
incomplete. He noted that a neighborhood meeting had been held in late November. In response to a
neighborhood request to extend a walkway from South Bellevue to Knight Street, Mr. Campen said that
access would be guaranteed as public right-of-way.
Regarding exceptions, Mr. Campen said they were willing to provide a buffer to the existing residents in
return for a parking setback. He said that Bellevue was the preferred connection. He noted that the
tenant profile would not include small children. To support the burden of proof, Mr. Campen said he
had 4 witnesses: Eddie Belk, Terry Snow, Glen White, and Susanne Schieder.
Eddie Belk was sworn in. He said he had experience with renovating and adaptive reuse. He provided a
brief history of the textile industry, and exhibited aerial photos showing the existing property and the
proposed project. Mr. Belk said that was a full mill village developed around the mill, and related his
personal family history working in textile mills. He added he had prepared the National Register
nomination. Mr. Belk stated he had prepared the first 2 parts of the State and federal credit projects,
adding that the only remaining part was to complete the project. He said his firm had not ever had a
project qualify upon completion. He noted they were removing the shutters and internal connector to
reopen the courtyard.
Mr. Belk said his experience with other projects included Pilot Mill & Erwin Mill. He noted that the
parking was divided in a number of areas, adding that there was a lap pool, fitness center and recreation
center. Mr. Belk said there would remain 3 3/4 acres of undisturbed woodlands, and they would be
adding pedestrian access through the site.
Joint Planning Hearing, 01-23-07
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Terry Snow was sworn in. He said he was a traffic engineer, and the traffic impact analysis was in
conformance with national standards. He noted that any project would add traffic to the adjacent streets,
and this project was a light or low generator of traffic. Mr. Snow highlighted the access on Nash and
Bellevue, and talked about the planned disbursal and directing of traffic to the south. He said traffic
counts had been conducted in September and October, and that all streets and roads would function at
Level of Service B or better.
Mr. Snow said recommendations were for 2 points of access and connectivity for bike and pedestrian
access. He said the findings indicated no material negative impact to the study area, noting that all
intersections and streets would function at acceptable levels of service with or without the project. Mr.
Snow said the traffic impacting with the proposal was less than that allowed by the zoning as Industrial.
He said the project would not materially endanger public health or safety.
Eric Oliver asked had he taken into consideration the Gateway project and the proposed development
along Margaret Lane. Mr. Snow responded that he had discussed that with Ms. Hauth and had included
growth projections, but did not include the numbers specifically.
Ms. Ellis asked had he conducted an actual count on Bellevue. Mr. Snow responded he had. Ms. Ellis
said she was concerned about increased traffic from the Mountain Road, and asked was the existing
pavement correctly listed at 18'. Mr. Snow replied that many streets were 18'. Ms. Ellis asked about a
connection at Benton. Mr. Snow replied there would be a connection. Ms. Ellis asked if that was the
largest parking lot, noting more attention should be paid to Bellevue Avenue.
Commissioner Gering said if the width was a problem, would that be a factor in Mr. Snow's analysis?
Mr. Snow responded yes, noting that width as well as horizontal and vertical alignment were all factors
to the level of service. He stated that narrowing the pavement was a method to slow traffic.
Commissioner Gering asked about the parameters for a Level of Service B designation. Mr. Snow
replied that it was not free-flowing, but was relatively easy maneuvering with a wait of 5 seconds or less
on average at intersections. Commissioner Gering asked if that was a Level of Service B at peak hours.
Mr. Snow replied yes.
Glen White was sworn in. He said he is a civil engineer and that the project would comply with
Sections 4.48, 4.47, and section 5 of the ordinance. Regarding the environment, he said there would be
only 0.75 acre of forest disturbance, and 0.64 acre disturbed on Nash Street. He said the facilities
proposed would prevent control stormwater and prevent erosion. He said the project complied with the
flood ordinance and stormwater discharge was away from the floodway. Mr. White said the creek
would be spanned with minimal disturbance to the streambed, adding that would require DENR and
Corps. of Engineer approval.
Mr. Oliver asked about underground utilities. He said the photos provided showed removal of overhead
lines on both sides of Nash Street. Mr. White said in many areas they would be placed underground
Eddie Belk explained that the photos were artist renderings. He said that all utilities on the street front
would not be put underground, but the new services on site would be.
Susanne Schneider was sworn in. She stated she was an appraiser and presented her credentials. She
then summarized the report, noting existing conditions. She said the structures were vacant and derelict,
Joint Planning Hearing, 01-23-07
and presented the potential for increased liability or exposure for crime or fire. Ms. Schieder said
permitted industrial uses could allow traffic and uses inconsistent with the neighborhood, and estimated
renovation costs at $8 million with rents from $800 to $1200. Ms. Schieder said the renovated mill as
renovated was an enhancement to the neighborhood. She used examples from similar impacts of similar
projects in other towns, and stated that the proposal was in harmony with the area and would not injure
values.
Stephen Whitlow and Jennifer Williams were both worn in as representatives of the West Hillsborough
Community Watch area that was immediately to the west of this project. Mr. Whitlow said the area was
bounded by King, Barracks, Bellevue, and Eno Streets, with 200 houses and 30-40 active members. He
said they had held 3 meetings to discuss this project specifically, and thanked the applicant for staying in
contact with them.
Mr. Whitlow said he was a graduate student in planning. He said he believed the positives of the project
were the recycling of environmental resources already committed to the buildings and the site. He said
the project would likely increase pedestrian traffic, help downtown and the commercial development on
Nash Street. If the project was not approved, Mr. Whitlow said, other uses included undesirable
development or the potential demolition. He said this was a good deal for the Town with no additional
investment needed. Mr. Whitlow said the density was relatively in keeping with the surrounding
neighboring, adding it honored the working class.
Mr. Whitlow said the negative aspects were the impacts on Bellevue, noting it would endanger the
public safety and it was not in harmony. He said the Town could impose reasonable conditions, and
provided handouts of priorities and maps.
Regarding traffic, Mr. Whitlow noted the additional trips and related safety. He stated that Bellevue
would receive 60% of the new traffic with 430 trips per weekday, with Bellevue experiencing an 84%
growth in traffic. Mr. Whitlow said Bellevue would likely be the construction entrance when the street
did not currently allow through truck traffic. He provided photos of the limitations, noting that the
width varied from 16 %2' to 18'. Mr. Whitlow said that blind spots were created by hills.
Mr. Whitlow said there should be improvements on the south side of the property since approximately
70% of the trips headed south. He said the non -negative impact was vehicular, not pedestrian, noting
there were no sidewalks existing in the neighborhood. Mr. Whitlow said that new trips would increase
the discomfort of neighbors walking on the street. He said the mill had served as a barrier to the
downtown, noting that pedestrians had 3 options: to walk on King Street, walk on Eno with tractor
trailers, or trespass on property and cross the creek. He indicated that this cross traffic was very
important for pedestrian connections.
Mr. Whitlow asked the Board to require the following:
1. Require the developer to improve Bellevue from Benton to Eno and get consistent widening to
18', but no wider.
2. Require a sidewalk along Bellevue on the east side in the public right-of-way from Benton to
Eno, based on information that 36' of right-of-way existed.
3. Require 2 speed tables halfway on both sides of Benton.
4. Require a public walkway easement along proposed pedestrian path through the site.
5. Request a painted center line on Bellevue for its entire whole length.
6. Requests crosswalks at Benton and Bellevue, and Bellevue and Eno.
7. Landscaping along western perimeter of parking to block the view from Bellevue lots.
Joint Planning Hearing, 01-23-07
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Mr. Whitlow said these requests were reasonable and fair given the impacts to Bellevue and the fact that
Bellevue was not built to the required standards and for the 7 additional reasons noted. He noted that the
comments included with the presented materials were from the neighborhood, not individuals.
Joe Rees said he was the adjoining property owner to the parking lot. He said he had been waiting 6
years to see something happen to the mill building, and applauded the plan in general. Mr. Rees said he
was concerned about the traffic and the number of the units. Regarding comments tonight related to the
elm tree existing in the parking lot, he wanted to preserve the tree to improve the look of the parking lot.
Mr. Rees said the landscape architect indicated it might be possible to save the tree. He said he wound
not threaten to chain himself to the tree, but hoped the Board would find a way to preserve the tree.
Vickie Wilson said she was glad for a proposal that was appropriate. She said if the traffic and
pedestrian issues could be solved and the tree saved, she would wholeheartedly support the project.
Lauren McGlynn was sworn in. She said she is a retired attorney, said she was concerned about the
safety issue. She asked why was the access not on Eno Street. She said the study does not address
pedestrian safety. Ms. McGlynn said the existing road was substandard, and that NCDOT
recommended widening of the street. She asked what the Town intended to do to solve the safety issues.
Jeffrey Pellicani was sworn in. He said he was a Mill Village resident in support of the project, noting it
made sense from an infill perspective. He said that the preservation was the right thing to do, and this
was a great opportunity to pay tribute to those who labored there. Mr. Pelocani said we needed a
remedy for the concerns noted on Bellevue.
Gerald McElreath was sworn in. He said he was also a Mill Village resident in support of the project.
He said he had moved into his home when the mill was still in operation. Mr. McElreath said the
constant hum of the machinery was gone, but the non-use of the building was not desirable. He said he
agreed with the concerns already expressed regarding Bellevue Avenue. Mr. McElreath asked the Town
to work with the developers to put a sidewalk where one was needed. He stated his support of saving
the Elm tree.
Emily McNally was sworn in. She said she believed this was a wonderful project, but had serious safety
concerns regarding Bellevue.
Henry Campen thanked the neighborhood watch for the productive dialog. He said he was willing to
consider all the priorities. He said he was favorably disposed in general.
Terry Snow stated that all modes of travel were included in the TIA. He said their right-of-way data
showed it was restricted, but was in favor of review of additional information. Mr. Snow said adding
traffic to a very low traffic street made the impact appear to be significant per the percentages. He said
the NCDOT letter concurred with the TIA, indicating no improvements to State -maintained roads were
necessary.
Mr. Campen called attention to page 13 of report and the annual average daily traffic. He said the
percentage of capacity of Bellevue with the project in place was 39%.
Randall Romie was sworn in. He is a landscape architect on the project. He talked about tree
preservation, specifically the 24" Elm. He said enough of the root zone should be preserved to allow the
Joint Planning Hearing, 01-23-07
10
tree to survive, noting that would require saving at least 40% of the root zone. He said it would also
require the relocation of the southern portion of the parking lot.
Mr. Campen suggested the buffer could be reduced from 14' to 7' with the same number of plants,
although the variety would change.
Mr. Oliver asked how close the existing gravel was to the property line. Mr. White said he could only
guess, but noted it was proposed to move closer to the street. Mr. Oliver asked that he provide the exact
figure to the staff. Mr. White agreed to do so.
Mr. Romey said that the parking on Bellevue would be screened, adding that the existing trees would be
saved, and that planting would continue.
Regarding access from Eno Street, Mr. Belk said they had looked at the possibility of that. He said a
road would be required parallel with the creek and in the valley, and that a drive connection to Eno
Street was too steep to make the connection. Additionally, he said, it was very close to the access for
truck traffic for A Southern Season and the train trestle.
Ms. Ellis asked about the possibility of parking between the buildings. Mr. Belk said they had
considered that, but that likely would not have been favorably received by NPS. He said it was not
physically wide enough for 90 degree parking, and there was no through possibility for angle parking.
Ms. Ellis asked about Margaret Avenue. Mr. Belk said he did not know about that.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dandy, the Board moved to close
the public hearing by a vote of 13-0. The motion was declared passed.
ITEM #6: Amend Section 3.4.1 and 4 of the Zoning Ordinance to create "cemetery, non-
profit" as a conditional use and establish permit requirements.
Ms. Hauth provided a brief overview of the application and provided some detail. Richard Simpson
indicated he was available for questions. Commissioner Lowen asked that the staff investigate allowing
multiple burials. Ms. Hauth agreed to do so.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to close
the public hearing by a vote of 13-0. The motion was declared passed.
ITEM #7: Amend Flood Damage Prevention Ordinance to reflect updated floodplain maps
and prohibit new development in the floodplain with exceptions for streets, utilities,
and recreation facilities.
Ms. Hauth provided a brief overview of the amendments noting the item had two parts. She noted that
new flood maps based on better scientific data. These maps need to be adopted and referenced in the
flood damage prevention ordinance. The second part is the consideration of further amendments to the
ordinance to prohibit additional development within the 100 year flood plain. She stressed that the
ordinance change would impact the portion of a property that is within the floodplain, not the entire
property. Ms Hauth noted that the maps need to be adopted by February 2 to remain in compliance with
the state. She noted the boards could proceed with the other ordinance amendments at their schedule.
Charlene Campbell said she was directly impacted by the proposed ordinance, and there was not enough
information provided to make a decision. She said they had not had a flood in 40 years along the
Exchange Park Lane properties. Ms. Campbell said drastic measure of prohibiting development was not
Joint Planning Hearing, 01-23-07
11
warranted. She same more time was needed, and asked that another meeting be held and more time be
provided for consideration.
Cyrus Hogue stated there were many types of floods. He said he had been severely impacted, with F of
water in his house during Fran, although the house was spared. Mr. Hogue asked that the Town look at
how much property damage had been done, and to look hard at totally restricting the development. He
said if he had it to do over, he would build higher or on pilings. Mr. Hogue said this proposal had been
brought forward very quickly, adding that there was a middle ground that should be considered.
Mayor Stevens asked if the Board could adopt the less restrictive ordinance and then amend it if
necessary. Mr. Homik responded yes.
Jo Soulier said this reminded her of another hearing. She noted that the recommendation from the
TJCOG was to not allow development in the floodplain. She asked what stronger recommendation did
you need?
Gayanne Chambliss stated that new development should not be allowed; however, impacts to existing
buildings needed to be considered. She said they have not had the time to review and respond to these
changes, noting there were more options to consider.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to
hold the hearing open on no build option ordinance to the next regular hearing by a vote of 13-0. The
motion was declared passed.
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to close
the hearing on the minimum ordinance by a vote of 13-0. The motion was declared passed.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the board moved to
close the public hearing by a vote of 13-0. The motion was declared passed.
ITEM #8: Close public hearing and convene special Planning Board meeting to offer a
recommendation regarding the Flood Damage Prevention Ordinance amendments.
Ms. Vandemark opened the special Planning Board meeting.
Upon a motion by Ms. Wallace, seconded by Mr. Jones, the Board moved to recommend to the Town
Board adoption of the Flood Damage Prevention Ordinance amendments by a vote of 8-0. The motion
was declared passed.
Upon a motion by Mr. Oliver, seconded by Mr. Jones, the Board moved to close the special Planning
Board meeting by a vote of 8-0. The motion was declared passed.
ITEM #9: Convene special Town Board meeting to consider action on the Flood Damage
Prevention Ordinance amendments.
Mayor Stevens convened the special Town Board meeting.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to adopt
the non -coastal regular phase flood damage prevention ordinance by a vote of 5-0. The motion was
declared passed.
Joint Planning Hearing, 01-23-07
12
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Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the board moved to
adjourn the meeting by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
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Marga et A. Hauth, Secretary
Joint Planning Hearing, 01-23-07