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HomeMy WebLinkAboutMinutes - 20031030APPROVED 2119/2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS HILLSBOROUGH BOARD OF COMMISSIONERS JOINT MEETING October 30, 2003 7:30 p.m. The Orange County Board of Commissioners met for a Joint Meeting with the Town of Hillsborough Commissioners on Thursday, October 30, 2003 at 7:30p.m. at the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Moses Carey, Alice Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: TOWN OF HILLSBOROUGH COMMISSIONERS PRESENT: Mayor Joe Phelps and Commissioners Mark Sheridan, Michael Gering, Frances Dancy, Kenneth Chavious, and Evelyn Lloyd TOWN OF HILLSBOROUGH STAFF PRESENT: Town Manager Eric Petersen COUNTY ATTORNEYS PRESENT: Geof Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. and Clerk to the Board Donna S. Baker {All other staff will be identified below). NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Chair Brown called the meeting to order 1. Development Praiects a. Waterstone (Hillsborough -Margaret Hauth) Hillsborough Planning Director Margaret Hauth said that they have had one public hearing on the revised plan and the applicants are going to come back to talk about it at a work session. The Town Manager has not completed the financial analysis of the project. The project is midway through the annexation, rezoning, and master planning process. Mayor Joe Phelps said that Jack Smyre is one of the applicants and is here to give a presentation. Jack Smyre gave a PowerPoint presentation. They submitted a revision from last year's project in which they accepted some land use challenges in response to the Town Board. He said that this development is in response to the comprehensive planning action taken by the Town Board and the Board of County Commissioners and the establishment of economic development districts for residential development. He showed some photographs of the proposed development. There are three minor drainage basins and one major one. The development includes 264 units (apartments}, a daycare designated use, officelhotel, and a possible community college site. The Waterstone mixed-use program (by land area} is as follows: ^ Residential uses 29°l0 ^ Retail uses 24% ^ Office uses 13°~ ^ Misc. uses 19% {hotel, restaurant, CCRC, daycare, community college, and civic parcel} ^ Parks/open spaces 7% ^ Roads 8°~ Commissioner Alice Gordon arrived at 7:50 p.m. There are three construction phases. They may roll from one phase directly to another but there are three distinct phases. Jack Smyre said that they are seeking annexation from the Town of Hillsborough, establishment of zoning, and the approval of a master plan. Hillsborough Town Manager Eric Peterson said that this is the third feasibility study on this project. He estimates six more weeks before it is completed. They are working on the general fund and the most difficult part is the arrangement of the fire department. They are assuming there must be an additional fire station. They are also working on updating the water capacity study and need to understand the water availability and the effect on the wastewater plant. Chair Brown asked about the total number of residential units that were proposed for Waterstone. Jack Smyre said 509, but half are apartments. Chair Brown said that this is virtually an elementary school. She asked if they were providing space for an elementary school. Jack Smyre said that their analysis was that there was capacity far all school levels. They are not providing any space in the development for a school. Chair Brawn asked about the open space and Jack Smyre said that there was 7-8% of open space. This does not include open space on individual parcels. This is dedicated open space. There is not a clear understanding of the total open space. Chair Brown asked if there were any conditions for a park. Jack Smyre said they are giving 10 acres of land to the Town but they are not going to build a park. Chair Brawn asked about civic uses to the Town (i.e., fire, police, etc.}. Jack Smyre said that they are giving 3.6 acres to the Town for civic uses. Chair Brown said that she was surprised that there was a place for a community college. Jack Smyre said that this was expressed as a desirable use at the public hearings. The site would not be given for a community college. They are working with the staff on the cost of the site. They will discount the price for the community college. The market value of the land is $3 million. Chair Brown asked about the master plan and zoning for specific uses. Margaret Hauth said that the whole parcel would stay zoned entranceway/special use. Chair Brown said that she was comparing Southern Village and this project and the acreage was slightly less than Southern Village. The number of units in Waterstone is a lot more than Southern Village. She said that Southern Village lacked a park site except for a private recreation area. The Town of Chapel Hill bought a park site south of this before Southern Village was developed. The park was paid for by County bonds. Chapel Hill also had to buy a very expensive piece of property so that they could build a fire station. Chapel Hill also had to hire more employees for police staff. Grange County actually had to pay to police the area until Chapel Hill annexed it. She said that this is an example of how the public picks up the tab for development. Chair Brawn made reference to schools and said that there was na school site at Southern Village, but Chapel Hill worked with same land and ended up building an elementary school, which cost between $12-13 million. Chair Brown said that Southern Village did not have open space when it was built; and when it was approved, it stayed true to zoning but it did not build out the way it was predicted. All the residential development was built first and not the commercial, as was expected. There was supposed to be a park in the commercial area and it ended up being turned into parking spaces. This was very disappointing. She said that the reality is that the entire area had to be deforested with this type of density. Commissioner Gordon made reference to the proposed community college site and asked why this particular shape was chosen. Jack Smyre said that it is possible to change the shape and the reason it was shaped that way was because of the hilltop location. Commissioner Gordon asked haw long it would take to extend the road and the water and sewer. Jack Smyre said that it would take a year from construction. Jack Smyre answered more clarifying questions from Commissioner Gordan. Jack Smyre explained that the parcel is land-banked and there are pre-zoned areas and same buildings will be built, as there are market pressures. Commissioner Halkiotis asked about the projected number of firefighters that would be needed. Eric Peterson said that if it requires a full station, then 14 full-time personnel would be needed. At least one new fire truck would be needed. Commissioner Halkiotis asked if there is a sentiment to break the fire station apart now (with Orange Rural). Eric Peterson said that they are happy with what they have now with Orange Rural and they want to keep this relationship. Eric Peterson said that a lot of the viability of this project hinges on the fire station issue. Commissioner Jacobs said that one of the prime benefits of this development for the community is the connection of Waterstone Drive. He suggested that this be required in phase 1, as opposed to hoping that it will follow later. Jack Smyre said that it is not undoable to do the road in phase I. Their intent was to get a quantifiable phase I and have access to this site for construction purposes. It would be another expenditure for them and phase I does not get them into the black. Commissioner Jacobs asked about any cultural and/or natural area studies with a professional to see if there are any significant cultural or natural areas. Jack Smyre said they have only done informal studies and there is one area that does carry remnants of an old stagecoach trail. Their intent is that the old roadbed would go through the open space into the mixed-use area and they may propose this roadbed to be turned into a greenway corridor. Commissioner Jacobs suggested that they hire professionals to do a thorough analysis of this site -cultural and natural. Commissioner Jacobs asked about affordable housing in this development. Jack Smyre said that he does not think that this applies to the Town because the Town Board is interested in increasing the tax base with this development. Kenneth Chaviaus asked Jack Smyre if he specifically heard this from the Town Board and Jack Smyre said that they have not heard it to the contrary. Commissioner Jacobs said that the applicants would hear it to the contrary from the Board of County Commissioners. Commissioner Jacobs asked who widened NC 54 when Meadowmont was developed and Jack Smyre said that Meadowmont did the widening. Commissioner Jacobs asked why they would not be widening old NC 86. Jack Smyre said that they do not have enough right of way, but they would not be averse to this. They do not control enough of the right-of-way corridor to da anything. They would like to make sure this road stays on the TIP and is funded for right-of-way acquisition. Commissioner Jacobs asked about public transportation and said that it would seem a good opportunity to have a park and ride lot. Jack Smyre agreed. Commissioner Jacobs asked Craig Benedict how to calculate park and open space for an C7range County development. Craig Benedict said that when there is an acreage dedication based on the amount of units, it is approximately 1/20 of an acre per unit. For 400 units, it would be approximately 20 acres. Jack Smyre said that, outside the residential parcel, they have 17 acres proposed for pocket parks. They are not looking at this as a subdivision; it is an EDD. They expect it to be urban and they understand that the mission is an increase in tax base. Commissioner Jacobs said that Jack Smyre had mentioned that they were not averse to developing one of the areas as a park. Jack Smyre said if they built it someone else would have to maintain it. Mark Sheridan asked about the zoning on the property and the general parameters of development on this property if the zoning in place is what was utilized. Commissioner Carey left at 8:25 p.m. Orange County Planning Director Craig Benedict said that this section of the EDD was a mixed-use component, which anticipated a lot of retaiUoffice. The quadrants on the southeast portion were non-residentialtflex space/office. The residential component was a medium density, with 4-8 units per acre. b. The Preserve Craig Benedict said that The Preserve is north of Hillsborough near Pathways Elementary. It is 465 acres. There are na formal development proposals for this property. A lot of developers and consultants have been looking at the feasibility of this area. The underlying property owner, Mr. Edwards, has looked at the soils on the map and is looking at a yield plan. A yield plan is what the land can handle in regards to water and septic. There are approximately 271 units on the conceptual plan and 35°1° open space because of the unusable soils. The goal is that any proposal this size would have to go through a rezoning process. Craig Benedict said that with their courtesy review, Hillsborough would not be questioned about water and sewer until further into the process. Mark Sheridan asked if 271 units were contemplating individual septic systems on each lot or a community sewer system. Craig Benedict said that this is individualized septic lots. There are three alternatives -individualized private well and septic, community private well system, and public water and sewer system. Commissioner Halkiotis asked how many private utility systems were still operating in Orange County since the failure of the Piney Mountain private utility. Craig Benedict said Wane for the County. Commissioner Halkiotis said that he would not approve anything that has to do with a private sewer utility. Michael Gering asked if the County could help Hillsborough define boundaries for growth. There is a vague line around the town at this time and they have said that they would prioritize much lower the development that occurred outside of this line, even if there was capacity to serve water and sewer beyond the boundary. This development is outside the boundary. He said that this is a dilemma. Mark Sheridan said that both boards need to look at what is viable and what will be best for the overall community. Eric Peterson said that they have discussed this in the past and they would rather provide new water sources to areas that could potentially be annexed and there would be a dual benefit. Chair Brawn said that the County has worked on water and sewer boundaries with Chapel Hill, Carrboro, and OWASA. This arrangement has worked well. Commissioner Gordon said that she thought that Hillsborough did not want a differentiation between the primary and secondary area. County Attorney Geof Gledhill said that is right and that Hillsborough wanted a 2050 plan and wanted this to be in their service area. Chair Brawn asked Craig Benedict about working with the Town on a rural buffer. Craig Benedict said that part of it is in the Town's hands at this time -the study of the strategic growth plan. When that is updated, the County will look at the transition areas (fringe areas}. If Hillsborough cannot service all of the transition areas, then they will have to be made smaller. Chair Brown asked about a timeframe for a proposal. Craig Benedict said in the next two to three months. Commissioner Gordon said she was not aware that the County was working cooperatively with this area at the staff level. Craig Benedict said that in the May meeting they discussed the possibility of annexation coming down to the rural buffer. There could be an annexation agreement to seal the northern portion of the rural buffer. Chair Brown asked if there would be a document in the spring and Craig Benedict said yes. Commissioner Jacobs said that they just renewed the agreement with Chapel Hill and Carrboro for another 25 years and there is a de facto buffer to the west now with the Town of Hillsborough. 2. Transportation Update - "NC Moving Ahead!" Craig Benedict said that this is an NCDOT initiative that is used for things such as bicycle lanes, road widening, and intersection improvements. Prior to the legislature approving it, Orange County submitted its list of preferred improvements for Orange County overall. Part of the list was accompanied by the community efforts that went into identifying the needed improvements. Orange County used the Orange Grave Road work group as a community effort for the grant request. The County received $900,000 for this project as a result. The County will also be receiving improvements of approximately $14 million that will be funded in different cycles. 3. Orange County Comprehensive Plan Update -Aligning County Transition Areas with Town Water & Sewer Service Areas (Orange County -Craig Benedict Craig Benedict made reference to a map and said that they want to match some of the County's urban transition area lines to the Town's lines. Chair Brown said that they were trying to stay within their ability to keep services of the County within a reasonable area and to look at keeping taxes down. It costs mare to provide these services to residents further out in the County. Craig Benedict said that the comprehensive plan is a tax conservation measure by having an efficient pattern of land uses. Having a strong land use plan also reduces vehicle miles traveled, which reduces air pollution. Commissioner Halkiotis asked why Durham does not do this. Craig Benedict said that each local government is going to have to say what it is doing to reduce traffic. Commissioner Gordon said that as far as TTA is concerned, they dropped service to Hillsborough. She has fought this. TTA has adopted some service standards and she was able to insert that key destinations including county seats can receive special attention when service extensions are considered. She is hoping to get Hillsborough back into the service. Also regarding phase 2 of the regional rail, she appreciates any help that Hillsborough can give with the Transportation Advisory Committee to push this forward. Commissioner Halkiotis thanked Margaret Hauth and Craig Benedict for their work. He made reference to the problems on NC 86/1-85. Craig Benedict said that they will be meeting with DOT to discuss some of the ideas for this corridor and also some improvements on US 70 BusinesslNC 86 and old NC 10/NC 86. 4. Other Agreements a. Courtesy Review Agreement and TownlCounty Coordination on Providing Water & Sewer for Major Subdivisions Margaret Hauth said that when the Town Board looked at the courtesy review agreement there was some concern expressed about the timing of the joint meeting. There is a sentence that says, "the approving jurisdiction would delay action on the application until the joint meeting would be held." There was some concern expressed that there needs to be a timeline. She suggested inserting the clause of 90 days if a meeting is requested. The meeting can be called by either party. She will take this to the Town Board meeting in November. Craig Benedict said that he would bring the same revision to the Board of County Commissioners on November 19tH 5. Informational Items {verbal update if requested) a. Public Projects -Durham Tech; Justice Facility Expansion; Fairview Park Master Plan Committee; Farmers Market Fairview Park: Commissioner Jacobs distributed a memo from Dave Stancil regarding the update on Fairview Park. Nothing has happened since May. The Solid Waste staff needs to develop a request for qualifications for a consultant to look at this property to evaluate it. He does not know where the co-location of Public Works stands with this either. Eric Peterson said that they were asked to stop pursuing it until further work could be done to see what was best for the park site. Durham Tech: Chair Brown asked John Link to comment on the Durham Tech process. John Link said that the Board of County Commissioners and the Durham Tech Board of Directors are reviewing possible sites for the Durham Tech location in Orange County and the process is moving along well and the money is in place -State and County. Justice Facilities: Purchasing and Central Services Director Pam Jones said that she is working on the RFP. There are three committees to select the architect for the interior and exterior design of the building. The timeline is still on track. Farmers Market: Pam Jones said that they are pursuing this to be included into the justice facilities design. Michael Gering asked about other possibilities for the farmers market. Pam Jones said that Weaver Street Market is having charettes around town and they are talking about the possibility of a farmers market. Mayor Phelps asked Commissioner Jacobs if he had any ideas about other locations that would be more accessible or more permanent. Commissioner Jacobs said that the idea was to keep it walk-able within the Town. The River Park was chosen because it was on property the County controlled. He said that the strong preference is to have it downtown. Chair Brown said that it is still open to comments b. Private Sector Projects {Hillsborough) - Corbinton Commons; Villages at Meadowview Margaret Hauth said that the Town Board took action on bath retirement villages and chose to deny them both. c. Orange County Update -Schools Adequate Public Facilities Ordinance {SAPFO~; Growth Management System; Lighting Standards d. Hillsborough Update -Weaver Street Market; Asphalt Plant Ordinance- Margaret Hauth said that the planning board met and approved ordinance Weaver Street: Margaret Hauth reported that Weaver Street did have a design workshop and they are working to develop the site that was the old Southern States location on Margaret Lane. Her understanding is that they are looking to locate a grocerylcafe. Asphalt Plant Ordinance: Margaret Hauth reported that Tuesday of this week, the Town Board and Planning Board held a joint public hearing on an ordinance to prohibit any manufacturing and processing operation that involves petroleum products. No one came to speak. The Planning Board recommended approval of the ordinance. The Town Board still has some outstanding issues regarding exposure to lawsuits. Mark Sheridan said that the retirement villages were both senior housing projects. The Corbinton Commons received a vote of 3-2 in favor, which was not enough to approve the project. He said that there seems to be a real need for senior housing in this area. Mayor Phelps asked Craig Benedict about the asphalt plants and where this type of plant could be located in the County. Craig Benedict said that they are still in research mode and reviewing the land use requirements. SAPFO: Craig Benedict made reference to the SAPFO and said that all entities approved the SAPFO this past summer and now they are beginning to do new projections. The middle school level in the OCS was suspended because they are aver the level of service, but they are working with OCS about building a new middle school to open August 2006. Growth Management System: Craig Benedict said that there are some new regulations within the County where subdivisions of certain sizes will go through a special use permit or a rezoning and special use permit. This new system recognizes the size of projects and the review process. Outdoor Lighting Ordinance: Orange County passed same new outdoor lighting standards and they believe that new lighting will prevent more night pollution. Commissioner Halkiotis asked if the Colonial Inn was going to ever reopen. Mayor Phelps said that the Town Board had asked the owner to come speak at their meeting but he did not show. With no further items to discuss, the meeting was adjourned at 9:45 p.m. Margaret Brown, Chair David Hunt Deputy Clerk to the Board