Walkertown Planning Board

January 20, 2004 3:00 P.M.

MINUTES

 

 

Welcome

The Walkertown Planning Board first official meeting was called to order at 3:02 p.m. by Chairperson Peggy Leight. She then introduced the Planning Board and alternates to the audience: Arlyn Wilson, N.H. Vaughn, Mike Warren, and Larry Marshall. The alternate members are Howard Benfield, Chuck Trivette, and Keith Grubbs. Mr. Trivette and Mr. Grubbs were absent from this meeting.

Ms. Leight:

"As this is our first case review, I wanted to go over our standard procedures and methods. They have not been set in stone right now. We’d like to see how things go with speakers and time limits so I wanted to give you an overview of what we’d like to see today. First, the City-County Planning Staff will present the case to us. Then we will open it up for Public Discussion. Here, any of those people who are speaking "pro" or "for" the case will speak first. We have no time limit on the speakers – we just ask you to address the issues of the case at hand. State your name, your address and your zip code when you get up to the podium and then say what you’d like to say. Once we are finished with the people who are speaking for that specific case, we will hear the people who are "against" the case – or speaking "con". The same procedure – come up to the podium, state their name, address and zip code so that we can keep track of that. Once we have heard both sides of the speakers, pro and con, the Open Session will be closed and the Board will go into what we call "Work Session". At this time, we will speak amongst ourselves and we may ask questions of the Planning Staff, of the members of the audience, or we may answer the questions if you have asked any – but it is not an informal discussion. There will not be discussion going back and forth – it will be us asking questions specifically. I will call for a motion to either approve or deny the requested change, and we will vote. To let you know, all five members of the Board will vote. Alternate members, were they here, would not vote. These sessions are being recorded and minutes will be taken. Agendas and Minutes are available at the Walkertown Town Hall and also online at townofwalkertown.com so you can find out what’s coming up, at not only the Planning Board sessions but also the town council meetings as well. Any of the sessions that are listed as Public Hearings, two of the issues before us today are considered Public Hearings – we will make a recommendation only. Our vote is a recommendation and it will go to the Town of Walkertown Town Council for a final vote. The site plan reviews, the Planning Board decision is the final decision. It does not go forward to an elected body for final vote. Just as a clarification on this agenda, before we get into the cases before the Board, the Glenwood Development case will actually entail three separate votes. We will be voting on (1) the rezoning of the land; (2) we will be voting on the SIDA request – Special Intense Development Allocation request; and (3) we will be voting on the Site Plan. So there will be three separate votes taken on that one issue. Are we ready?"

 

Item #1 WA-008 – Voluntary Annexation #5

Zoning Map Amendment – From Forsyth County Zoning jurisdiction

to Walkertown Zoning Jurisdiction

Suzy Gallaway:

"I am a Planner for the City-County Planning Board and we do planning for Winston-Salem as well as for most of the rest of Forsyth County but just to tell you a little bit about me: I live in Walkertown! So that’s how I became the planner that will come to these meetings. The first item on this agenda is Item #1 – Zoning Docket WA-008. A month or two ago Walkertown went through some voluntary annexations and the folks that did want to be annexed, indeed were annexed and as part of that, the zoning jurisdiction has to change from county’s zoning jurisdiction to Walkertown zoning jurisdiction. That does not change the usage of the property; it doesn’t change what’s allowed to be done there; it just merely changes it from county to Walkertown. That property consists of 38.42 acres in random locations throughout what is now Walkertown. Staff is recommending approval."

Public Session was opened at 3:06 p.m.

PRO: No Speakers

CON: No Speakers

Public Session was closed at 3:06 p.m.

Work session was then opened.

Mr. Marshall:

"Since these people all volunteered for annexation, I see no problem with it."

MOTION: TO APPROVE ZONING MAP AMENDMENT:

TO CHANGE ZONING JURISDICTION FROM FORSYTH COUNTY TO WALKERTOWN FOR THE 38.42 ACRES VOLUNTARILY ANNEXED

BY: Larry Marshall

SECOND: Arlyn Wilson

VOTE: Unanimous

Item #2 WA-009 – Glenwood Walkertown Company, LLC

Zoning Map Amendment –

From: RS-20 (Single Family Residential

To: HB-S (Highway Business-Special)

Suzy Gallaway:

"The second item on your agenda is not quite that simple. This is a request from Glenwood Walkertown Company, LLC, requesting to rezone 7.76 acres from RS-20 zoning, which is Residential-Single Family to HB-S-Highway Business and there are multiple commercial uses that would be possible there. The site is located on the corner of NC-66 and US-158. There’s a shopping center being built there now. Specifically, what’s being requested is the area that’s shaded here. In order to bring this drive in, the petitioner felt it was his best interest to try to accommodate some more commercial on either side of that road to access the

RM-18 portion of the previously approved site. Just a little background information on that site, the front portion on 158 has already been approved in 2000. Towards the rear of the site is RM-18S, which is multi-family. That’s also been approved. There’s also a small section of office that has been approved and this would be sort of in the middle – a pie slice out of that property but not included in the original request. The property is in the Salem Lake Watershed and what that means is that without a SIDA, the property can be developed at 24% impervious surface coverage without any storm water control devices and 24% includes buildings, roads, so you can see that that’s not a whole lot of property to develop. Oftentimes when a developer is located within that watershed, they’ll ask for a SIDA – that allows development up to 70% of the property. Originally, when we saw this application come before us, the petitioner had requested 70% and his requested tract was just over nine (9) acres. There are also several other uses that we did not feel were appropriate in this area. The petitioner did work with us extensively and took these tracts out of the request and also a tract that was impinging upon the RM-18. He decreased the amount of land he is asking to rezone, which in turn decreased his SIDA to 65% from 70%. However, Staff was still concerned about the creeping of commercial up 66. It’s more of a residential street in character. Other than the shopping center, everything else around it is either rural or single-family residential. So the concern about the creeping of commercial up 66 as well as current high-traffic volumes on both of these roads – that was another concern. Also, currently, Walkertown is in the process of developing a Small Area Plan to look at sites and exactly what they want to have developed at each of those places. And since there was no area plan yet, Staff did not feel comfortable giving a positive recommendation with this creeping up the road at this point. We just felt it was premature. Staff also did not find that the SIDA request – there are five findings that a SIDA must meet in order to be granted and one of those, Staff did not feel that it met, and that was "Did it conform with Legacy, the comprehensive plan for the county?" And we felt that it did not because there is no Small Area Plan and Legacy calls for Small Area Plans when appropriate.

Staff is recommending denial."

Peggy Leight:

"So you’re giving it a No on that very first finding because there is no Small Area Plan in place as opposed to just a neutral?’"

Suzy Gallaway:

"Right. Unfortunately, those findings are either Yes or No."

Arlyn Wilson:

"But you only gave two No’s out of the five? Two No’s and three Yes’s?"

Suzy Gallaway:

"Right. According to the ordinance, all five of those findings have to be positive in order for us to recommend."

Public Session was opened at 3:11 p.m.

FOR THE REZONING:

Patrick Hennigan

132 Greenhill Lane

Mooresville NC 28117

"I am Patrick Hennigan, President of Glenwood Development Company. I live in Mooresville, NC. I know many of you in this room pretty well because I’ve been working here on this project for over four years – just about at five years. Little bit of background: we do a lot of work with Lowe’s Foods. I have developed shopping centers for them all over this state. I even know Bo over there because we did a project in Lewisville and Bo is the attorney for Lewisville. So I think our company’s got a very good reputation. Every town we’ve ever worked in we’ve had a very good relationship and always done what we committed to do. But my history in Walkertown started with Lowe’s Foods saying they’d like to come to Walkertown and they asked our company to develop a project in which they could be one of the tenants. So we worked extensively with the County, with the Town, with the D.O.T., with the Weavils’ ---- we worked with everybody. And we got it all done. One of the major things that happened in the process was we used to have to go down to the County office building in Winston and the-then mayor would be at the meeting and some of the town board members. And it was very frustrating – no disrespect to Suzy – that wasn’t her deal – but the County Commissioners had to approve everything. So if the people of Walkertown wanted to "X", the County Commissioners had to agree with them and the town didn’t have their own decision making process to make their land use decisions, which, to me, didn’t make sense. And, I think, to some of the people in town, it didn’t make sense so that changed a couple of years ago and now the town has the right to make their own decisions – which is great! I’m happy about that because what I do --- you can see what I do --- and when we started with the town, we handed out letters from every town I’ve ever worked in, that said we did what we said we were going to do. We did a good job. They would like to work with us again and it was nice to have that little closer relationship than going to the County. So, given all that as background, one of the main things the County Commissioners wanted for our original project was they wanted it to be a Mixed Use project. They didn’t want a shopping center only. They wanted a shopping center. They wanted apartments. They wanted offices. Normally we just do shopping centers but that was how it was presented to us. So what we did differently is we purchased an additional eight (8) acres of land for apartments and this is maybe an additional couple acres right here. So we made that investment and we own this land. It’s zoned for apartments and, Suzy can attest to this, that was one of the main points of the County approval of this whole project – they wanted a Mixed-Use project. So before we can do these apartments, the County wanted another roadway into these apartments – another point of access. So we went out and put under option the Anderson property right here. And I came back to the County and they said, ‘Okay. You did what we asked you to do. We’re going to approve your project.’ That was back in the year 2000. Subsequent to that, getting D.O.T. involved – and we worked with D.O.T. a lot on this project and we have a good reputation with them – D.O.T. said, ‘You know, yeah, this could work … but not very well because it’s very close to this intersection and it would be unsafe and it just doesn’t work well.’ They said, ‘In a perfect world, you could have your second access, like, smack dab in the middle of here and here. Did you ever think you could come through here and do you ever think you could create, have a loop road like this for your project so that in the future, we could have a traffic signal here around 158 and then in the future, a traffic signal here? Because that would help out this intersection and if people wanted to get in this project, they wouldn’t have to go to this intersection; they would have signalized access’ They would still tell us when we could have signals but they’re trying to set up the roadway system so that when the traffic is there, we’ll be in the right position to get the signals. So, so far we did what the County asked us to do; we bought this land for apartments. We’ve done what D.O.T. asked us to do; we’re setting up this drive in the safest, most sensible place it could be. In order for this apartment project to work, we have to build this road. Without this road, we can’t make these apartments work! And that’s not just me talking…that’s the apartment developer talking. We’ve signed a contract, kind of an "option" contract, with the apartment contractor and Brandy Angus, representing MV Communities is here. We’ve been working with her company for a number of years to get this accomplished. This was always a sticking point; we finally figured it out. D.O.T. has given their blessing to this driveway and it’s real simple kind of the way the map works. This property right here is owned by the Weavils. I think most of you know the Weavils; they live right here. Their house is right there, right next to the shopping center. In order for us to buy the Weavils’ land and to build this road and do all the improvements we need to do right on this road to do with the turning lanes that I’ll show you in a minute, common sense from our perspective, is we need to be able to sell this land. In other words, we’re going to buy it from the Weavils, put the road in and then we need to be able to turn around and sell these parcels in order to break even on the whole enterprise. Otherwise, it doesn’t make sense and we can’t do it. So, kind of in simple terms, if the Town of Walkertown thinks that apartments from a very good apartment developer are a good thing, then we can make that happen! There’s the apartment company that wants to do it; here’s the plan that enables it to work. We have an agreement with the Weavils’ to buy their land. All the pieces of the puzzle are in place. The only thing missing is to get this land rezoned to allow this to happen. We worked a lot, as Suzy said, with Suzy on this plan; we used to have this parcel included. She asked us to drop it out, we did. We were asking for 70% impervious coverage; they asked us to come down to 65%, we did. We started out with this many uses that we could do on the land; they asked us to shrink it to this many; we did. Suzy lives in Walkertown and, not to put words in Suzy’s mouth, she liked the project. Some of her superiors thought differently and that’s why we’re here with a ‘Denial’ recommendation instead of a ‘Support’ recommendation. People have mentioned traffic. We commit a project – we can help traffic out there because we’re going to have another point of access right here. Instead of having to come into the project here, and I’ll just point next to where the convenience store is, we’re going to be able to come in right here. We’re going to build turning lanes, which I have on a blow-up right here. So if you’re coming in from Kernersville, this will be a left-turn lane for the storage lane to store and come in and if you’re coming from the other direction, it’ll be a right turn lane to come in like this. So it’ll be another very-well defined, very safe means to get in and out of the project, which will come in handy with 80 apartments units back here. All of the uses that we’re looking for out here will be fed off of this common driveway. The new Planning Board has been to enough Planning Board meetings where the current thinking is the Department of Transportation doesn’t like businesses to have their own driveways on major roads, because it just gets too mixed up with people coming and going. They want people to come in and use a common driveway. So our out parcels will be one, two, three, four and you’ve seen what we’ve done with our other out parcels. We sold one to Wendy’s – they just opened up several weeks ago. It’s a beautiful restaurant. We did one with Sheetz Convenience Store. Sheetz is the most progressive, and I’d say the best convenience store company east of the Mississippi. People in the industry will back me up on that. They are. They’re terrific and you’re going to love it in your town. And, similarly, we’re going to do first-class uses through here. Because we’ve got a first-class project and that’s kind of what we demand for the project. As I said, they’re going to be fed out this main drive; we’re going to have access drives like this – nobody’s going to be coming in off of 66. And one of the things that we have going for us that the next person won’t is we’ve got a big picture view of this project - a big picture view of Walkertown. D.O.T. likes it because we control these various pieces of land and they can work with us and roll up our sleeves and come up with traffic situations that work. If this doesn’t work, and we go away, what could happen is that someday the Weavils could say, ‘You know, let’s sell this parcel here to Fred.’ Fred’s going to have a car wash and Fred can legally get an access point right here and then the next _____ you get an access point here. If they’re just a one-acre landowner, D.O.T. has to give them access. So what I’m presenting is a way to solve this problem the right way – no direct cuts and to improve the whole traffic circulation plan for the whole project. We’ll be spending more money out here. So far we’ve spent $350,000 on the highway of our money as part of our project cost – at no cost to the taxpayer, etc. And over here, we’ll be in six-figures again doing this type of work over on 66 to try to improve this. In the discussions I’ve had about SIDA, people have said to me, ‘Well, we’ve only got a certain amount of SIDA acres we can spend.’ I think the remaining number is 44 and my comment there is this: If we can get this rezoned and do these parcels, these are going to be some of the highest assessed properties in town! In other words, once the buildings get built and the tax appraiser comes by, these four pieces are going to be very highly appraised and that’s going to lead to a high tax bill that those people are going to pay – which is going to enable everybody else to keep their taxes low. So that’s one of the factors I think the Town would consider when they’re figuring out where to spend the SIDA acres. I can deliver a big tax assessment here if you decide to spend them here. As far as the lack of a Small Area Plan, my comment there, respectfully, is we’ve got a small area right here. This is previously approved. Here’s a piece of pie right in the middle of it. We’ve got people who live right there that would like to live somewhere else and we can solve their problem. We can bring the apartments that were part of the whole concept here. We can improve the traffic; we can bring a nice tax bill to the town. I don’t know what else I should tell you! Sometimes these things get a bit tricky because, in my experience, not being disrespectful to some of the County planners….you know, we’re out here in Walkertown; oftentimes they’re in Winston. And sometimes they come out and sometimes they don’t. The person that lives here thought it made sense. Hopefully, it makes sense to the others. Let me think…..can I answer questions?"

Ms. Leight:

"We’ll be asking some questions if we have any."

Mr. Hennigan:

"One other thought. We were talking about creeping commercial up 66, which I have a tough time buying that, frankly. This person right here, who’s next door, wants to sell their land to us. They’ve had it under contract with us for two years. (The Andersons). So, these people wanted to get their land rezoned and sell it to us but the County asked us to drop it out of our project so as far as this creep of commercial, I don’t know – we’re going to have apartments right here; this person wants to sell. It’s a very vibrant intersection. It’s a huge investment, probably a $10million investment right here right now. And, Brandy, how many dollars would your project be here?"

Brandy Angus:

"You’re talking dollars? Probably $5million."

Mr. Hennigan:

"All right. So there’s $15million right here that has been invested in Walkertown. All this land is in the town of Walkertown and what we’re asking to do is to take this piece of pie, and this’ll end up being an assessment of, I bet, it could be $3million worth of investment once the buildings are built. Could be more. So I’ll sit down but I hope I can answer anybody’s questions as they come about. Oh, one other thing!! We took one of the plans – it’s not to the exact scale – but we did a cutout of the site plan for the apartments. What we show is where they want their main entrance coming off the road and that we’re proposing. There’s 80 units, like so and so people would come in right off here, use the turning lane and come in and right in like that. That’ll be the access. A lot of work’s been done; the site plan is pretty well designed. All the topography has been taken into account."

Ms. Leight:

"________ Have a separate entranceway?"

 

Mr. Hennigan:

"…………. Well, right now they’d just as soon have the one – right here, for security reasons."

Ms. Leight:

"So if they wanted to go toward Winston, they’d have to come either around or try to turn left at this……."

Mr. Hennigan:

"They could come right through here. They could come out here. I guess the other thing is credibility and am I just making this up, or not … which I’m not!! This is Brandy’s company and she’ll stand up and talk in a minute. They’re based in Cincinnati and they have projects like this. This is their rendering of one of the buildings. They’re a very well funded group and do a very good job. We want to make sure we have somebody who knows what they’re doing located in our project. And if we can do this, we’re going to look up in a couple of years and the project will be like it was initially intended. where we’re going to have people waking up in the property, riding their bikes, driving their car, taking their dogs for a walk. We’ll have offices; we’ll have a sensible highway plan that will accommodate these apartments. And, to me, it makes sense. I guess that’s easy for me to say, but if we don’t get to do this, I’m not going to jump off a building. It’s not going to be the end of my world but I just think it makes sense. So I’ll be quiet and turn it over to Brandy."

(2) Brandy Angus:

MV Communities

12 Pinestraw Way

Durham NC 27713

"I work for MV Communities. We have about 8,000 apartments in our portfolio. We are currently in Ohio, Kentucky, Indiana, Michigan and North Carolina, and hope to spread to Virginia and South Carolina as well. We are owned by a company named Miller-Valentine Group, which has been in business for 35 years. They build not only apartments; they also do bridge building, church building, industrial building – they have brokerage firms. So we’re owned by an even larger company. As Patrick mentioned, we’re proposing 80 units, a combination of two and three bedrooms. As you could see by the rendering, we’re proposing ten buildings, with two-stories each, which will give us a total of 80 units, a combination of brick and vinyl. This is one of the buildings – we’re still working on a rendering of another building. We’re going to try and put two different buildings in there to kind of break it up so it doesn’t just look like a monotonous same building after another building. We will be providing appropriate landscaping, from the shopping center, from the offices, from the highway, etc. We also, not only do we develop our apartments, we construct them, we own them, and we manage them! So when you have …. Not only when you have a development coming in, but when you’re going to own something, obviously you’re going to treat that very well as your investment and when you’re managing it, you’re going to maintain the property as well. Which I think is a huge distinction between a lot of our apartments versus other apartment developers because you have that ownership aspect of it. In relation to how we’ll be coming in off of here, there are several reasons we want this. Upon talking to some lenders and some people who want to finance it, and even for me personally, and for the company in general, we need to have a specific access to this apartment property. And we want that coming in off this access; this to me is a little bit more favorable, especially with the proposed renovations that Patrick’s company is going to be making in the turn lane, etc. That way you can have a designated access to those apartments. What that does, and originally I think we were looking at an access off of here, and I don’t know about you but I don’t really want to drive through a shopping center to get to my home. So this allows you to have a nice entry coming in and going into that property but still gives you all the benefits of all the amenities of the shopping center. So that’s really why, after talking to some people, to be able to fund our development, it is imperative that we have this access in off the road. And this is from many conversations with people we’re talking about funding and so forth. When we look at coming off here, we basically were told in so many words, ‘We will not really fund your property.’ So we had to re-meet, come back to the table with Patrick and talk about what we can do to have a different way to come into this property. And that’s where we’ve come up joining with Glenwood Walkertown Company obviously. But it does also benefit the apartment development as well and, as Patrick mentioned before, it really creates a flow for that development. You have offices; you have a shopping center – retail; you have apartments. People that need housing that can find housing. So I think it really completes this package. Without bringing the apartments there, you have a nice development but I think, if it were me – and I’ve actually lived in our apartments. After I got out of school, I lived in them for two years. And the way we like to build it is near shopping centers with designated access and it works. And I think it’s a really nice proposal. From what I’ve seen and learned of the town of Walkertown, I think this would really complement this flow of development that now is able to come here because of the extension of the sewer line which is allowing this to happen. So we’re very excited for the opportunity to come here. We’re very excited and hope we can have a partnership and develop something and work with the town so that we can provide them apartments and something that they want and they need and kind of work together in the designing aspect of it. We spent a lot of time looking at the traffic issue, looking at the flow. There’s also going to be a separate community building, lots of amenities on-site to provide for families with children, playground, garden areas, gazebos. It’s not just the type of development where you’re throwing up some units. We want to make this an actual community where people want to go, want to call their home. So that’s kind of what we’re proposing in a nutshell. You mentioned you’ll have questions later so I guess we’ll just defer to that time. Thank you."

Mary Jo Weavil

3434 Old Hollow Road

Kernersville NC 27284

"My husband, Teddy, and I have lived at 3434 Old Hollow Road for the past ten years. Prior to that we lived at 3444 Old Hollow, which is about 200 feet in front of our current home. We have lived on this land generally for the past twenty-eight years. We have raised our children here and we love this land – it’s been our home for a long, long time. But at this point we are requesting that this Board recommend rezoning our property for commercial use. Prior to the development of Walkertown Commons shopping area – we opposed that development. We did not want to live directly adjacent to a large grocery store or a strip mall. Our opposition was to no avail and our home now is located approximately 90-feet from the back entrances of many of the mall stores. The back drive, which will offer the entrance for loading and unloading of supplies for Lowe’s and other stores, is less than 90-feet from our front door. Many mornings at 5:00 a.m. we are awakened to the sounds of machines and we have been awake as late as 12:00 midnight listening to the sounds of traffic and machinery running as the building goes on. You see, our bedroom is on that side of the house. I realize that the building will one day stop but it will be replaced by traffic, people, deliveries, lights and as close as we are to this already-commercially developed property, any kind of peace that we have ever known has actually gone forever. What I have shared with my friends at work and half-heartedly told them that I have a shopping center being built in my front yard, they have looked as if they really didn’t quite believe me and they weren’t sure I was really telling the truth. So I took some pictures from my front porch of the construction to share with my co-workers at work and so I brought them today to share with you as well. It’s extremely difficult for us to get to Walkertown. Turning left out of our driveway is almost an impossibility, except very early in the morning, late at night or when some soul takes pity on us and lets us out. We actually have turned right, gone down the road a ways and turned around and come back. Our understanding is that Phase 2 of this development project is directly behind us and includes some much-needed multi-family housing. According to Glenwood developers and the D.O.T. our property would allow much better access and egress to these apartments. We really would not want to maintain our home this close to commercial property and we really can’t imagine that anyone else would either. We have prayed about this much and we will continue to pray that each of you will have insight into the needs of this project. With our home’s current state, we beg that you would please put yourself in our position and ask yourselves to make the best recommendation for all who will be impacted by your decision. We thank you for your strong and prayerful consideration of our request."

Marilyn Martin

2733 Martin Street

Walkertown NC 27051

"I am a neighbor of Mary Jo’s and the shopping center and I have no objection to rezoning this property for commercial use. I pretty much agree with everything she said. She kind of took the words out of mouth and I would not want to be in her bedroom when they start unloading or loading up the garbage at 2:00 in the morning. So I have no objection to the rezoning of this property."

Ms. Leight:

"Would anybody else who did not sign up want to speak for the project? Seeing none, is there anybody interested in speaking against the project?"

AGAINST THE REZONING:

Debbie Day

4930 George West Road

Kernersville NC 27284

"I know they want it rezoned and she stated the fact she could not get in and out of her driveway most days on that curve… I think this would be a very dangerous place to put an entrance to an apartment and it would just create more traffic on 66. I think it’s a bad idea."

Public Session was closed at 3:43 p.m.

Work Session was opened at 3:43 p.m.

Ms. Wilson:

"Patrick, could you not cut that OP-8 off and that would give us less acreage? I just ask. That would give us less acreage taken out of our SIDA allotment."

Mr. Hennigan:

"Can I reserve my comment on that till I hear the other comments? Can I sleep on that for the next ten minutes till I hear the other comments?"

Ms. Leight:

"Okay. Actually, I had a question, too. You had mentioned that D.O.T. has said something about putting the stop light in at the two different intersections, or at the two other access points. Is that guaranteed? Are you going to be doing that? You’re waiting for the D.O.T. to do it? Whose responsibility?"

Mr. Hennigan:

"On the traffic lights……..we love traffic lights because they make our project work better! The way the traffic light world works is there’s like five different tests – or hurdles, they call them warrants – that have to be met in order for a signal to be legally allowed to be put in by the D.O.T. So those are based on traffic counts and other factors. So we made it clear to D.O.T. that if they will allow a traffic signal to be installed, we will pay for it. Because the way it works is if a traffic signal was warranted here, in the normal course of things, it might take five years to work its way through Raleigh and get funded and everything else. But we see that as a sensible investment – we’d rather have it in today rather than five years from today. So we tell D.O.T. that when it meets warrants, when you say we can do it ---- we’ll do it! And then we work with them and the state to design it and we pay for it. But to answer your question, they like the road setup because it sets up well for future signals. The signals will only come when D.O.T. says they can come. But we want them to come and we’ll pay for them to come when they’re ready to come."

Ms. Leight:

"But that won’t happen you said until the traffic patterns prove the numbers. We may have to wait until the entire shopping center is finished and fully developed and we’re coming and going."

Mr. Hennigan:

"Right. You can never get a signal based on projections. They always want the traffic to be there – they want to be able to study it and then make their own determination.

Ms. Leight:

"In the meantime, are you planning to put in islands, with the turn lane, or not?"


Mr. Hennigan:

"No. But this is a protected storage lane….in other words, if you want to take a left, you could go into a left turn lane and you’re right there. It’s called a protected storage lane, like most storage lanes are. What D.O.T. wants to do, however, is if this property ever gets developed, the Neal property, D.O.T. wants to do a concrete median back like this. Just like they had us do right here. So if this ever gets developed, they want to split that and do that concrete median."

Ms. Leight:

"So what about people wanting to turn left at that entrance, coming out of the shopping center or the apartment complex?"

Mr. Hennigan:

"Okay. If you’re coming out here and you want to turn left, you would wait for a gap in traffic and take a left! And that’s really all we can do. If D.O.T. says, ‘Hey, Glenwood, if you pay for this signal – if you’ve got $50,000 for this signal, you can have a signal.’ We’d say, ‘Great! That’s a good investment. Here’s your money. May we please have the signal?’ We’re doing the best that we can. We’re going to spend probably $100,000 combination of this road and this road to improve 66."

Ms. Leight:

"I have another question; you have the four out parcels…..out parcels 5, 6, 7, and 8 listed? What are the other two back lots - the ones behind the side roads?"

Mr. Hennigan:

"Right. This one, we’ll call this one back lot. This is where the Weavil’s home is and I’ll just put an X on it. It’s right there. We see that as a future dentist office or an insurance office. It’s a beautiful building, a beautiful home and hopefully it can be used in that sense. It’s real pretty and it would make sense for use there. That’s kind of what we’re thinking about. And for this parcel, I’m not sure. It won’t be in use as what you’re typically used to seeing along the road because it won’t --- people that need to be along the road won’t want to go there because not along the main road so I don’t know exactly what it’ll be. It might be an office use; could be a fitness place. I’m just not sure at this point."

Ms. Leight:

"And that extension that would go up into the apartment complex, those people would be sharing that road with OP-7 and OP-8 businesses, correct?"

Mr. Hennigan:

"Yes."

Michael Warren:

"Is there a planned access to the apartment area off of 158?"

Mr. Hennigan:

"Mike, the way MV Communities wants to do it for their own internal security and so they can monitor things, they would prefer to have ____________and like so, or you can come through like this and like so. Or you could just come in through the center and go on this road so there’s several different ways to get there."

Mr. Warren:

"The access that would be at the bottom, closest to you, would you be able to turn left or right from that location?"

Mr. Hennigan:

"Yes. This is a full movement intersection. D.O.T. wanted to pull the full movement intersection as far away from the corner as they could; so, yeah, that’s full movement."

 

Mr. Warren:

"One of the things that I noted in the staff plan was that 66, according to the records, is at full capacity; I believe it’s 11,000 vehicles and there was some room for capacity off of 158 so I was just curious as to if there was going to be an option to access the apartments off of 158."

Mr. Hennigan:

"Yes."

Ms. Leight:

"That extension right beside the Lowe’s – that road will actually be going, what would actually will be accessible?"

Mr. Hennigan:

"Yes. Because that’s the only lane that’ll be able to get to the parcel because we don’t have a direct access off of ……."

Ms. Leight:

"……They would come in the main entrance because then they could come either way….behind the Lowe’s or come from that entrance."

Mr. Hennigan:

"Right."

Mr. N. H. Vaughn:

"Will there be a stop light right here?"

Mr. Hennigan:

"No, Sleepy. D.O.T. wants to have that, they want to pull it out further away from the main intersection. So when we have enough traffic, and when D.O.T. says we can have a signal, it’ll be here. That’s by design that way."

Mr. Warren:

"If this were not approved, is there a plan for the use of that land that your company already has?"

Mr. Hennigan:

"That’s a good question. If it’s not approved – and don’t take this the wrong way – here’s what happens. The Weavils live there; this is just a field. And that’s it! We have a shopping center. We have no office; we have no apartments. There’s just a shopping center – exactly what the County did want when we debated this for three years to get our approval."

Ms. Leight:

"Have you got any traffic estimates with 80 apartments and 4 businesses what the additional traffic would be on to 66?"

Mr. Hennigan:
"We haven’t yet because we haven’t gotten that far at this point. But we always work through all that with D.O.T. in all our projects all across the state."

Mr. Warren:

"How did the Andersons react when they learned of this?"

Mr. Hennigan:

"I’m not sure. I haven’t spoken to them. I’m sure they’re disappointed but that’s the way the ball bounces."

 

 

Ms. Leight:

"Would you accept a condition that if this is approved, that this roadway to the apartment complex, that these renderings, what you have shown us, will be what is designed and built?"

Mr. Hennigan:

"I can defer to Brandy on that because we’re not the apartment developers. It would be Brandy’s company."

Ms. Angus:

"To answer that….right now, those are – we actually have ____ renderings. They have been given that rendering and they’re basing the building on that. There is one other building design that we’re looking at. We’re considering instead of having a breezeway, putting an entrance on either side so that you don’t have large families all coming from the middle. So that’s not really final. We’re going to look at some rooflines. The general concept is still going to remain. The buildings will still be a combination of brick and vinyl – that will not change either. But the way your entrance comes in and where you have your stairwells – the roofline may change a little bit. Certainly I’m happy to come back as we get further along with more renderings as we get them. We’re willing to work with the Town of Walkertown."


Attorney Bo Houff:

"I may have - not intentionally - been misleading in talking about conditions. Certainly you have a right to request that they accept certain conditions as a condition of recommending rezoning. In this particular case, however, the apartment ___ area is not on the site that’s being rezoned and so there’s a little bit more attention with regard to whether you can require off-site conditions. And that’s my fault for indicating to you – you do have a right to suggest conditions; however, those conditions, at this stage, probably have to be tied to the particular land that’s subject to the rezoning rather than ____. You still have site plans that are coming in and as you continue on, you may require certain aesthetic requirements in site plans for multi-family housing. You haven’t yet gotten there, I think, and that sort of thing I’m not sure what the County has in regard to that. They have their zoning and it’s in place and they can build it in accordance with that. So it’s kind of difficult not to deal with Mr. Hennigan, Glenwood, at this stage and at the same time require that another entity commit. She’s here, I assume, for purposes of providing some information but it might be kind of difficult at this stage to require that Mr. Hennigan ensure that, as a condition of his zoning, that her company do what you ask them to do."

Ms. Wilson:

"Could I just make a suggestion? Would you please make some of them senior-friendly? By that, I mean able to get from one floor to the other without going up and down steps; handicapped accessible. In your planning, please think of that."

Ms. Angus:

"There are going to be eight (8) handicapped accessible."

Ms. Leight:

"With the proposed roadways that go through across and horizontal and vertical, are there any plans for sidewalks? I mean, you have 80 apartments and you’re talking about having a shopping center so close, you’d think people would want to be walking."

Mr. Hennigan:

"Yeah. On that count, the County, in our negotiations with Suzy, asked us to put in pedestrian crosswalks that would access these parcels onto this road. But that hasn’t been raised yet as an issue. But it’s a very good idea. I’m a senior now, too – so I like to walk, ride my bike…"

Ms. Leight:

"You have a pedestrian walkway marked here … that’s just a crosswalk, is what you’re saying?"

 

 

Mr. Hennigan:

"Yes. It’s a raised concrete – kind of like a combination speed bump and something you can walk across. We did it in Lewisville and it’ll be in the shopping center as well. These that you see in the shopping center here - - -."

Ms. Gallaway:

"Let me say just one thing as a reminder …. Every one of the out parcels in this project already approved will come back through and Staff would be looking for sidewalks(?), etc., and that sort of thing."

Mr. Houff :

"You did happen to mention about their agreeing to finance the traffic signals in the event they’re proposed. You can’t control whether D.O.T. approves them or not but you could make it condition, the changes are, get them to agree to that, formally agree to the condition that upon approval by D.O.T. that they would finance the installation of those lights."

Mr. Hennigan:

"Yes. I meant that – I’d just like to state it carefully if they came in twenty years, it might be different than if they came in the next five years! You may like to kind of have a sensible limit on things because who knows where we’ll all be in five years? I could agree that if, as a condition, D.O.T. in the next five years – that’s a pretty long period of time – approves signals here and here, we would fund the signal. Which means, it’s got the poles and the wires and the signal. The last one we did was about $50,000 in Mooresville."

 

MOTION: TO ACCEPT REZONING OF WEAVIL PROPERTY FROM RS-20 TO HB-S

BY: Arlyn Wilson

SECOND: Sleepy Vaughn

VOTE: Unanimous

 

MOTION: TO APPROVE SIDA REQUEST FOR 7.76 ACRES

BY: Sleepy Vaughn

SECOND: Mike Warren

VOTE: Unanimous

 

MOTION: TO APPROVE SITE PLAN

BY: Larry Marshall

SECOND: Arlyn Wilson

VOTE: Unanimous

All planning requests by Glenwood Walkertown were unanimously approved by the Walkertown Planning Board. The two requests for rezoning and for SIDA will be recommended to the Town Council for approval by the Planning Board. The Site Plan was approved by the Board.

Public Hearing was closed at 4:02 p.m.

**********************

SITE PLAN REVIEW

ITEM #3: WA-009 Westview Development Company/High Knoll

(Existing RS-9)

Ms. Leight:

"We have one more issue on the agenda. Also, to let you know that these two issues that we just covered were the Public Hearing portion of it and our recommendations will go to the Town Council. The Town Council, when they review it, will make the final decision – yea or nay. I’m not sure at what point it will go on the Town Council’s agenda. They’re meeting next week – I think that’s too early for them to see it so at some point in February, they will be hearing these cases. It will be the second February meeting. The next item on the agenda is a site plan review for Westview Development Company. It is strictly an approval or denial of the site plan itself but the site plan conforms to the law. There will be no Public Session on this issue."

Ms. Gallaway:

"The site plan, the subdivision is north of 158 through Martin Acres subdivision at the end of that; High Knoll Road. It’s 87 acres – 141 lots are proposed. They’re all about 20,000 square foot each. There’s also an access coming off Reidsville Road a little farther up – close to Councilman Larrimore. There’s also a proposed stub to the east for future connections up to Swain Lane. They have met all of the subdivision requirements. We would recommend approval."

Ms. Leight:

"Question. Which, do you know, of the two egress/entrance areas what would be considered the main one? Are there going to be differences in the traffic or how they’re going to access 158?"

Ms. Gallaway:

"John Beeson could better answer that."

John Beeson:

"My name is John Beeson – 4524 Reidsville Road – 27101 Winston-Salem. The intensity of this, because it’s in the watershed, is a minimum of 20,000 square feet. At this point, because of sewer and various topographical problems, we feel like we’re going to have to phase this and probably do it in thirds or something on that line. The first access would be starting back in the area off of Martin Acres. The real contention is the Reidsville Road, and I know my dad had right-of-way taken from him 35 / 40 years ago because of widening of that road and, believe me, I bring it up to D.O.T. on a very regular basis. But we’re not going to get a straight answer out of that. If this proceeds the way it should and this comes through a fairly short period of time – a couple of years – then I would anticipate this being done. There certainly will be turn lanes here plus D.O.T. is saying we will have to put turn lanes at Martin Acres. So both will generate new turn lanes on Reidsville Road. This, I think, from the lay-out when completed, is certainly the main entrance that people would consider."

Ms. Leight:

"Once it’s completed, how far away is that from the Darrow Road stoplight? Do you know?"

Mr. Beeson:

"A quarter of a mile or so….maybe further. The original Angel home is located back in here."

Ms. Leight:

"Now when you said there would be turn lanes, is that part of your development or are you waiting for the D.O.T. to produce it?"

Mr. Beeson:

"You can’t wait for D.O.T. That will be a requirement by D.O.T. They have already stated that."

Ms. Wilson:

"And you’re stating the entrance between the Debbie Pegram property and the Morton property? There’s already a road there."

Mr. Beeson:

"There’s a drive up in there. It’ll be in that exact location. It would be improved to state standards, of course."

Ms. Wilson:

"And that’s where you were talking about putting the other lanes…..extra lane."

Mr. Beeson:

"That’s where we would put that lane, on 158, yes. Fortunately, at this point, in the entrance at this point, is primarily because of the availability of water and the sewer. And our attempts is to, in looking at this preliminary, we will be able to sewer this part of the project by going out on our extreme southern end, which is getting pretty close to Mr. Duggins’ end to an existing manhole which is less than 200-feet away. So we’ll be crossing this direction. As this part is developed, because of an intervening stream that shows up on flood maps as a stream and there is a 100-foot each side of this buffer required in development which there will be no buildings on. I am very limited in the crossing of any streams so I only have one crossing so this would be that. This will have to be sewered back and there are a couple of areas down in here that we will have to work out a sewer to get over to Swain Lane out that direction so that will be one of the forces that will affect this spot."

Ms. Leight:

"You’re saying that there is a stream that runs right through….?"

Mr. Beeson:

"There is a little stream in here and it does show up on the flood map and once that happens………."

Ms. Leight:

"……..Is that the one that’s running directly in the middle of the 49, 48, 47, 46? Is that the one?"

Ms. Wilson:
"Runs 30, 31, 32, and 33?"

Mr. Beeson:

"No. The stream toward the back of those – that is a 100-foot buffer line out each direction….."

Ms. Leight:

"………..Of the stream………"

Mr. Beeson:

"This is the stream and there’s a 100-foot buffer here and here."

Ms. Leight:

"What does ‘buffer’ mean?"

Mr. Beeson:

"It means there can be no building in that area…..no impervious surface within that area."

Ms. Leight:

"So all of these would have to build their houses on the front portion?"

 

Mr. Beeson:

"Yes. Each of these will have to be in the front portion; these would have to be front here, here and then of course back here. We had lost some lots in this area because of all of this so the house would have to be located here or here. The density on that was 1.62 lots per acre. We’re less than 2 houses per acre on the total development – pretty light development."

Ms. Leight:

"These are all ½ acre lots right here that you’re looking at if it were the 100-foot buffer."

Mr. Beeson:

"It’s 20,000 minimum period. There will be no lot less than 20,000 – not quite half an acre."

Mr. Warren(?):

"Is 48,000 the acre?"

Ms. Gallaway:

"43,560."

Mr. Beeson:

"We do not voluntarily but we do not anticipate a great deal of grading with this site. We’re certainly going to try to minimize the grading so I don’t look at it as a mass grading site at all. The streets and a small portion of the front of the lots would be all we would anticipate grading and of course it’s all open at this point, so we’re not dealing with tree removal."

Ms. Leight:

"The entire area is treeless right now?"

Mr. Beeson:

"There may be some trees down and if ….. and I know this is ___________. These two cul de sacs…. Joyce, do you remember if they have trees in this area or not?"

Joyce Larrimore:

"A few."

Mr. Beeson:

"It was pretty much the Angel farm – and was all farm."

Ms. Leight:

"You can’t tell it from the site map but what are your plans for curb and gutter and sidewalks?"

Mr. Beeson:

"That is ---- the developer, he would prefer to have curb and gutter. I would prefer to have room and pavement. Mine primarily for water quality but if we are in to some areas that we have that warrant it that would cause side ditch problems then I could see closed drainage systems. But we would like to not obligate either way but if you have a preference – his preference is to spend money on curb and gutter and storm sewer. But I think you get much better water quality if we use side ditches and control water run off into closed sewers."

Ms. Leight:

"So there are no plans for sidewalks?"

Mr. Beeson:

"We’re into huge discussions about these things nowadays. Everyone’s calling for wider streets and more sidewalks. It certainly is more open and certainly safer to drive on and certainly easier to get around the neighborhood but I think we are putting ourselves in real positions in areas where we can do it. And, particularly we’ve got almost ½ acre lots – we just want a little more openness to it and it’s a tremendous difference in water quality of the run-off if I can stay away from sidewalks and curb and gutter."

Ms. Leight:

"What about I don’t see any areas of buffered areas or any community areas set up?"

Mr. Beeson:

"No."

Ms. Gallaway:

"Currently, the UDO for a major subdivision doesn’t require sidewalks or street trees or any buffers."

Mr. Beeson:

"When you get to that point some day, I would like to volunteer to come in and have input – street trees lined with maples and all that are nice but it really complicates utilities. We would be required to put all the water and sewer outside the street, which is something that I would like to see changed also. If I get those other streets, I open myself up to sidewalks, grassed areas and trees. If they set right behind the curb and gutter then we become real confined in putting trees in that area with underground utilities that are a real problem. I digress; I’m sorry."

 

MOTION: TO APPROVE WESTVIEW DEVELOPMENT SITE PLAN FOR SINGLE FAMILY SUBDIVISION OF 87.14 ACRES OFF HIGHWAY 158

BY: Sleepy Vaughn

SECOND: Arlyn Wilson

VOTE: Unanimous

HEARD IN THE BACKGROUND:

Mr. Houff:

"You may ask any unknown or considerations that you may want to think about. You may want to say, ‘Look. You can develop your subdivision under current ordinances and this is what it allows you to do. But you may use the carrot of ‘more dense development’ if you will do some of these other things. If you will, for example, put in curb and gutter. If you will, for example, put street trees. If you will agree to certain kinds of architectural standards – to vary architecture of the houses as opposed to having a range of, in this case 142 houses, all of which look exactly alike.’ All of these kinds of things can be done – I’m not suggesting that you do it – I’m only suggesting that you provide yourself, perhaps a little bit of time at the end of meetings while this is soft and fresh in your minds, to consider things like that. There may have been some things that come to mind during the course of Glenwood, for example, you can say, ‘While I was thinking about it; let’s get something on the record about X, Y, or Z topic.’ And then Staff can look at – you may want to ask Staff to consider looking at some other jurisdictions requirements with regard to elevations for projects that are within commercial districts. Again, I don’t take positions on what the Board ought to do. I’m just offering you some alternatives. You have this wonderful staff available who can look into these things for you; look and see what other folks do. Then maybe at some time you may want to do signs, for example – that’s always a real fun topic to look at – but you maybe in your NEW BUSINESS time you may want to say, ‘Is there anything that the Board wants to bring up for discussion?’ Again, I wouldn’t suggest a necessarily prolonged discussion at the introduction stage, but simply a little bit of give and take back and forth about topics as they arise. Because what you do is – you’re not simply required as you sit here as a Board to respond to what comes before you. You’re going to see issues arise and you may all go out sometime and you’ll be driving somewhere and you say, ‘You know – this development ought to look like this!’ Or ‘I think this would be a perfect place to encourage that.’ --- whatever that might be. And this Board is certainly in a position to be able to propose new kinds of ordinances and requirements relating to land use planning. And then, of course, it goes up to the Council for their consideration but you can propose as well as accepting things that just come in before you. And sometimes there may be things you say, Staff may say at certain point, ‘You know, there’s nothing we can do about this proposal.’ You can either pass it or not pass it – either up or down it – if you’d had your ‘druthers about some things, you may have said, ‘I would have preferred to have required X, Y, or Z.’ But that wasn’t available to you. Once that’s passed, and you can see the problem that’s arisen, you may want to say, ‘We’re going to be pro-active for the next time. Next time something like this is likely to come before us, we’ll be ready and waiting for them saying, "That’s fine. Let’s do this, this, and this. Or there’s some things you’re going to have to do in order to get the zoning. Or at least, we’re going to recommend that that be done.’ But at the ends of meetings, as you’re making notes about things to get that out in some initial discussions."

Ms. Leight:

"I would like to see the current subdivision rules and see what options we have because I think we’re going to be getting a whole lot more of those in Walkertown. There are going to be a whole lot more of these coming up and I would like to be able to have us be more specific than what the UDO currently states."

Agreement all around by other Planning Board members.

The UDO is on the internet.

Ms Gallaway:

"There is not any other information other than what’s in the UDO. But it is a lot. It basically deals with – you know, there’s two types of subdivisions currently a developer can do. You have your conventional subdivision like you just saw or you can do a PRP, which is a Planned Residential Development. They have -- basically, if you had 87 acres and it’s zoned RS-9, you take the 87 acres and get the square footage - how many square feet that is. Divide that by the underlining(?) zoning district and you come out with the number of blocks and ______. Create that number of lot with a foot in exchange for that so they have smaller lots but in exchange for that, they also dedicate a certain amount of open space."

Ms. Leight:

"So they can cluster more of the homes but then have more buffer, more open, more community areas. Ok."

Ms. Gallaway:

"Right. Currently those are two options. I know that either Clemmons or Lewisville has added to their subdivision regulations sidewalks and trees and various things like that."

Mr. Marshall:

"So we can require that?"

Ms. Gallaway:

"You can request it. I’ll have to write up a text amendment and it’ll have to go through that whole procedure too. Every change like that would require a text amendment."

Ms. Leight:

"Clemmons’ and Lewisville’s amendments are also in the UDO – it’s just that we have to look for their…."

Ms. Gallaway:

"Yes. In fact, you’ll see the little "c" or "l" by it."

Ms. Leight:

"Also, just to announce that our next work session meeting will be the third Monday in February which is February 16th and then the next session of the Planning Board where we will be hearing cases will be on Tuesday, February 17th at 3:00. Okay."

Mr. Houff:

"Just for protocol, I assume that unless I’m otherwise directed, I will come here to these public sessions. I’ll come to the work sessions if you determine there is something in particular that you’d like for me to be here for. I’ll be glad to do that. I want to be sensitive to time and obviously time includes money and billing from our perspective. I’m happy to come to any of the meetings, provided schedule allows but I will have kind of a standing order that I’ll be here for public meetings."

OLD BUSINESS

There is no OLD BUSINESS.

 

NEW BUSINESS

There is no NEW BUSINESS.

 

 

ADJOURNMENT

 

MOTION: TO ADJOURN THE WALKERTOWN PLANNING BOARD MEETING

AT 4:25 P.M.

BY: Arlyn Wilson

SECOND: Larry Marshall

VOTE: Unanimous

 

 

 

 

 

Respectfully submitted by:

 

 

By: .

Lynn McKinnie #9;

Planning Board Secretary

 

Date: January 26, 2004 .