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HomeMy Public PortalAbout02-08-1999 Regular Session . . . 549 MINUTES HILLSBOROUGH TOWN BOARD February 8, 1999 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on February 8, 1999 at 7:30 PM in the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sf., and Commissioners Catherine Martin, Frances Dancy, Evelyn Lloyd, and Richard Simpson. Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk Donna Armbrister, Town Engineer Kenny Keel, Police Chief Nathaniel Eubanks, Public Works Director Pete Champion, and Lead Meter Reader Ricky Clark. Mayor Horace H. Johnson, Sr. called the meeting to order at 7:32 PM. 1. PUBLIC CHARGE Mayor Johnson read the Public Charge. 2. ADDING ITEMS TO THE PRINTED AGENDA No Items were added to the printed agenda. 3. AUDIENCE COMMENTS A. Matters on the printed agenda Mr. Cy Hogue requested to address Item 9E. By consensus, the Board agreed to allow Mr. Hogue to comment during the consideration of Item 9E. B. Matters not on the printed agenda Sheila Corbett and Yvonne Waller requested to address the Board regarding their water bills. By consensus, the Board added this as Item 4A. 4. APPROVAL OF THE MINUTES OF THE JANUARY 11, 1999 TOWN BOARD MEETING AND THE JANUARY 26, 1999 JOINT PUBLIC HEARING Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes of the January 11, 1999 Town Board Meeting and the January 26, 1999 Joint Public Hearing as presented by a vote of 4-0. The motion was declared passed. Page 1 . . . 550 ADDED ITEM 4A. YVONNE WALLER AND SHEILA CORBETT Ms. Yvonne Waller addressed the Board regarding her water bill. She explained that she had a water leak somewhere between the meter and the house. Ms. Waller stated that the Town had known about the leak for some time, but had not notified her and she was unaware of it. Finance Director Carter reported that Lead Meter Reader Ricky Clark had left door hangers at Ms. Waller's residence on two separate occasions. Carter also reported that Ms. Waller had accused Ricky Clark of intentionally breaking the water meter. Ms. Waller said that she had not received the door hangers. Commissioner Chavious arrived at the meeting at approximately 7:45 PM. Finance Director Carter stated that an adjustment could be made on Ms. Waller's account as soon as either 1) Ms. Waller would bring in a receipt on letterhead from a licensed plumber showing the repairs had been made; or 2) if the next meter read cycle shows the usage is back down to normal. Ms. Waller requested a copy of the Town Code showing the requirement that repairs be made by a licensed plumber. By consensus the Board directed Town Clerk Donna Armbrister to provide Ms. Waller with this information. Ms. Sheila Corbett addressed the Board and stated that she was having similar problems with her account. Finance Director Carter informed the Board that she is working with Ms. Corbett on adjusting her account. They are currently waiting for the next meter read cycle to analyze the usage. By consensus, the Board directed the staff and Town Manager to work with Ms. Waller and Ms. Corbett on adjusting these accounts. 5. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson stated that there will be an LOG Meeting on Thursday, February 11 at 6:00 PM at the Southern Human Services Center where financing of the MRF and different alternatives will be discussed. This is an important meeting and the LOG is encouraging as many of the local board members to attend as possible. Manager Peterson advised the Board of the receipt of a letter from NCDOT requesting comments, suggestions, or direction from the Board by March 1 st regarding the widening of South Churton Street from the Eno River Bridge to 1-40. By consensus, the Board directed the Manager to respond to their request. Page 2 . . . 551 Peterson shared with the Board that the deadline for local bills in the General Assembly is March 24th. Peterson also stated that Orange Regional Landfill is going to charge an additional penalty fee of$200 for pickups or $400 for larger loads if there is over 50% ofrecyc1able cardboard in those loads. 6. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel updated the Board on the Reservoir Project and current water/sewer projects. 7. REPORTS A. Update on Shaping Orange County's Future Mr. Hervey McIver, Shaping Orange County's Future Task Force Representative, reported that they are entering the home stretch of the Shaping Orange County's Future process which is to create alternative scenarios of the future and defining recommended strategies for reaching a desirable future. He stated that at the January 28th meeting, the Task Force formally adopted a working set of goals and objectives. Project staff recently finished an Orange County Profile, which is a concise, readable compilation of data and information on current and past trends for key issue areas. This profile will serve as a reference guide for the Task Force in completing the next steps of the process. Staff is currently creating a baseline scenario of what the future may look like in the year 2030 if current trends and policies continue. McIver stated that the Task Force will synthesize the scenarios to arrive at a final preferred scenario in June, and will complete a report detailing recommended options for achieving the goals and objectives by December 1, 1999. B. Tom Magnuson will provide information and request support for the Trading Path Preservation Association By consensus, this Item was Tabled due to the fact that Mr. Magnuson was not at the meeting. C. Report from Habitat for Humanity Ms. Ann DiGiano reported on Habitat for Humanity's Celebration 2000 explaining that their mission is to eliminate poverty level housing with a goal of bringing diverse groups together. Ms. DiGiano also extended an invitation to the Board and Town Staff to participate in this mission by volunteering some of their time. Page 3 . . . 552 8. ITEMS FOR DECISION -- CONSENT AGENDA A. Approve Annual Schedule for United States Flag Display along Churton Street during certain Holidays By consensus, the Board agreed to address Item A separately. B. Approve change on Dental Insurance Carriers to the Plan offered through the North Carolina League of Municipalities C. RC&D Contract (See Manager's Memo) Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to approve Items B and C on the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. Commissioner Martin requested adding two dates to the United States Flag Annual Display Schedule. She requested adding December 7 - Pearl Harbor Day, and July 16 - Moon Landing Day. Commissioner Lloyd informed the Town Manager that the Town also has North Carolina flags that can be flown at the same time in an alternating fashion. Upon a motion by Commissioner Martin, seconded by Commissioner Chavious, the Board moved to adopt the United States Flag Annual Display Schedule as presented with the addition of the two aforementioned dates by a vote of 5-0. The motion was declared passed. A copy of the United States Flag Annual Display Schedule is here by made a part of these Minutes as an Attachment. 9. ITEMS FOR DECISION -- REGULAR AGENDA A. Consider approving recommendation to TT A for a Park and Ride Lot Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the recommendation to TT A for a Park and Ride Lot as presented amending the wording "through Town" to "across Town" by a vote of 5-0. The motion was declared passed. B. Consideration of an Ordinance to add the Plus Overlay district to 13.84 acres on Rosewood Road owned by John Dee and Brandy Wagner. TM 4.26.A.l Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve an Ordinance to add the Plus Overlay district to 13.84 acres on Rosewood Road owned by John Dee and Brandy Wagner. TM 4.26.A.1 as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these minutes as an Attachment. Page 4 . . . 553 C. Consideration of an Ordinance to rezone 164.78 acres owned by Classical American Homes Preservation Trust from General Industrial and Office Institution to Agricultural Residential. TM 4.37.C.11 After some discussion, and upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to approve the Ordinance to rezone 164.78 acres owned by Classical American Homes Preservation Trust from General Industrial and Office Institution to Agricultural Residential as presented but notifying NCDOT that the Town Board of Hillsborough realizes the need in Hillsborough for a reliable, durable, and dependable traffic bypass to ensure the safety of our citizens and to create comfortable travel to our town and beyond. We support the efforts of the State of North Carolina, who will be building this road, and to re-endorse the Transportation Improvement Plan Priority List submitted by the Town in 1997. This motion passed with a vote of 5-0. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. D. Consideration of an Ordinance to amend Section 2.14 of the Zoning Ordinance to modify the requirements and process for reviewing and approving Planned Unit Developments Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board moved to approve the Ordinance to amend Section 2.14 of the Zoning Ordinance to modify the requirements and process for reviewing and approving Planned Unit Developments as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. E. Receive letter of interest in annexation from Paliouras Enterprises regarding 37.97 acres at the southeast quadrant of the I -85/NC 86 interchange. TM 4.45. .11 a Commissioner Martin asked to be excused from the vote on this Item due to a conflict of interest. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to excuse Commissioner Martin by a vote of 4-0. The motion was declared passed. Mr. Cy Hogue addressed the Board representing the property owners. Mr. Hogue stated that this piece of property is the only quadrant that the Town does not have in it's regulatory powers at this point. Hogue stated the request to be annexed would add some consistency to the zoning. Police Chief Nathaniel Eubanks presented statistics obtained from the Orange County Sheriffs Department showing 114 calls to the property within the last 2 years. Eubanks stated that the nature ofthe calls included domestic disturbances, trespassing, assaults, damage to property, and larceny. Chief Eubanks recommended that the property not be annexed, stating he feels the Hillsborough Police Department is not staffed to accommodate the amount of law enforcement this property has a history of requiring. Page 5 . . . 554 After receiving the letter of interest in annexation from Paliouras Enterprises and considering the staff reports Commissioner Lloyd made a motion to deny the annexation consideration request. Commissioner Simpson seconded the motion. The motion passed with a vote of 4-0. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to bring Commissioner Martin back to the table by a vote of 4-0. The motion was declared passed. 10. APPOINTMENTS A. Designate Representative to serve on TJCOG's Smart Growth Committee By consensus the Board directed Town Manager Eric Peterson to investigate the dates, time, and location of these meetings and to then have the Board polled as to their interest and availability. B. Designation of Board member to serve on River Park Committee Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board moved to designate Commissioner Martin to serve as Hillsborough's representative on the River Park Committee with Commissioner Chavious serving as her backup by a vote of 5-0. The motion was declared passed. 11. CLOSED SESSION A. Closed Session to discuss potential litigation Town Manager Eric Peterson informed the Board that there was no longer a need to hold the Closed Session to discuss potential litigation but there was a need to hold a Closed Session to discuss a Personnel Matter. Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to go into Closed Session to discuss a personnel matter by a vote of 5-0. The motion was declared passed. Upon returning to Open Session, Mayor Horace Johnson informed the Board that Hillsborough would be hosting the LOG meeting on March 11 th at 6:00 in the Town Barn. 12. ADJOURN Page 6 555 . ANNUAL SCHEDULE FOR UNITED STATES FLAG DISPLAY ALONG CHURTON STREET (Weather Permitting) Recognized Observed Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day The Last Monday in May Flag Day June 14 Independence Day July 4 Moon Landing Day July 16 Veterans Day November 11 . Pearl Harbor Day December 7 NORTH CAROLINA ORANGE COUNTY I, Donna F. Armbrister, hereby certify that the foregoing is a true and accurate copy of the United States Flag Annual Display Schedule which was adopted by the Hillsborough Board of Commissioners at their February 8, 1999 Regular Board Meeting. "" , .., -~:~~:l~'~;4-:t: f;i, ~ ,.... . ~~~, 9f 5: -.- ~ ~, ;: ~-.... :~ " . ~; ~ ./ ..' . . . 5!16 ATTACHMENT 9. B AN ORDINANCE AMENDING THE WNING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to add Plus Overlay zone to the 13.84 acres owned by John Dee and Brandy Wagner on the west side Rosewood Road (tax map 4.26.Al). All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. # ~~ The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of February, 1999. Ayes: ~ Noes: ..fr Absent or Excused: Donna F. Armbrister, Town Clerk . . . 5S'7 ATTACHMENT 9. C AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF IDLLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to rezone approximately 100 acres owned by Classical American Homes Preservation Trust on Elizabeth Brady Road from Office Institutional and General Industrial to Agricultural Residential (tax map 4.37.C.ll). All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of February, 1999. 6 Noes: -&-- Absent or Excused: Ayes: -t9- V~ Donna F. Armbrister, Town Clerk ATTACHMENT 9.D AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLS BOROUGH 5!i8 . THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: . . SECTION 1. The Zoning Ordinance of the Town of Hillsborough is hereby amended by deleting Section 2.14 completely and replace it with the following text: 2.14 Planned Unit Development District(PUD) 2.14.1 Intent The Planned Unit Development District (PUD) is established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features. In addition to a mixture of compatible uses, developments in this district shall provide amenities and walkways to increase pedestrian activity, decrease reliance on individual vehicles, foster transit usage, enhance the attractiveness of Hillsborough, recognize and integrate existing natural and cultural resources unique to the site, improve the overall quality of life, and provide for the welfare of the citizens. A broad objective of the stipulations that follow is to ensure that PUDs reflect the general characteristics of Hillsborough's present town center and adjoining residential neighborhoods. For further detailed descriptions of specific requirements, see Section 5.34 of this Ordinance, Economic Development District Design Manual A Development Plan and a Phasing Plan are required as part of the rezoning application for the Planned Unit Development district; however, limited flexibility is allowed in order to accommodate changes in market conditions over the period of development of the project. Standards for development and a thorough review process are established as a part of this district to assure conformance to this district's purpose. 2.14.2 Mixture of Uses a) b) Uses may be mixed within a building or within the development. A Development Plan must be submitted as part of the rezoning application for the PUD district. The Development Plan must show, and the mixed use development after it is built must contain, single family detached residential and at least 2 of the following use categories: 1. Multi-family 2. Manufacturing 3. Service 4. Retail 5. Wholesale For mixed use developments containing 3 uses, each use shall occupy a minimum of 20% of the gross acreage of the project. For projects with 4 or more uses, each use shall occupy a minimum of 10% of the gross acreage of the project and no use may occupy more than 60% and no two uses combined shall occupy more than 80% of the gross acreage. A Phasing Plan (as described in this section) must accompany the Development Plan. Site plans for non-residential and multi-family components shall be submitted as specified in Section 5 of the Zoning Ordinance. Preliminary and Final Plans for single family residential components shall be submitted as specified in the Subdivision Regulations. c) d) 5!19 . 2.14.3 Permitted Uses a) Single family residential at the densities defined in Section 3.5 (Dimensional Requirements) of the Zoning Ordinance. b) Multi-family residential as specified by Section 5.31,5.32, or 5.33 of the Zoning Ordinance. c) Non-residential uses listed as permitted, special, or planned unit uses in the Permitted Use Table of the Economic Development District Design Manual for Primary I development areas in the 1- 40/01d NC 86 District (Section 5.34 of the Hillsborough Zoning Ordinance) d) Customary accessory uses 2.14.4 Dimensional Requirements a) Minimum gross tract size for initial zoning is 35 contiguous acres. Additions may be made in increments of any size. b) The dimensional requirements for the division of lots shall be governed by the Economic Development District Design Manual, Zoning Ordinance, or Subdivision Regulations as appropriate. c) Lots must front on public streets. A plan for the future maintenance of project amenities shall be submitted with the Site Plan. . 2.14.5 Pedestrian Spaces a) The PUD development will be identifiable by attractive pedestrian spaces, including but not limited to: atriurns, parks, internal courtyards, plazas, or other improved spaces. The pedestrian spaces shall shape the design and character of the project through a connecting system of pedestrian areas that create a relationship among the buildings. The pedestrian spaces may include artwork, sculpture and water features to improve their appeal. These spaces shall be designed to create interaction among workers, residents, and shoppers. The spaces shall also attempt to provide a pleasant gathering place for transit usage. b) For non-residential and multi-family components, at least 10% of the acreage of the site shall be devoted to pedestrian spaces. The pedestrian spaces shall be arranged as pleasant public spaces with plantings, seating facilities, and lighting fixtures which provide for safety and visual effects. Water features or sculptures are encouraged but not required. The walking areas of these spaces shall be surfaced with concrete, brick, tile, wood, or another material approved by the permit issuing authority. The type of surfacing material shall be identified on the Site Plan. Parking area landscaping and buffer areas shall not be counted toward meeting this requirement. c) The Town Board may reduce the 10% requirement to as low as 5% when community facilities are provided. Such community facilities include but are not limited to: parks, public recreation buildings, or the restoration of historic sites. d) For single family residential components, sidewalks shall connect residential components to all other uses in the PUD. This will include sidewalks on both sides of all streets classified as collector and above and both sides of all cul-de-sac portions of streets. Local street segments may have sidewalks on only one side if the route is not a primary connection between destinations. . 2.14.6 Open and Recreational Spaces and Landscaping a) Multi-family component shall provide open and recreational space as required by Sections 5.31, 5.32, and 5.33. b) Single family components shall provide open space at a rate of 1/35 acre for each dwelling and active recreation space and facilities according to the point system described in the Subdivision Regulations. These two items shall be calculated separately, with no double credit unless specifically authorized by the permit issuing authority. . . . 560 c) Having small parks interspersed throughout the grid pattern of residential streets is preferred to fewer, larger parks. d) Preservation of existing trees is preferred to new plantings. e) Clusters of landscaping are generally preferred to formal, linear plantings when possible. f) Trees should be distributed throughout industrial, commercial, and residential sections and used to provide shade and contribute to the screening of parking spaces. g) All arterial and collector streets should have planting strips between the curb and sidewalks for trees and other landscaping at least 5 feet wide along both sides. Planting strips can be omitted in town centers where wider sidewalks are desired; however, tree grates or tree boxes of sufficient size to accommodate future growth should be incorporated into the sidewalk at 30-foot intervals maximum. 2.14.7 Streets and Parking a) The preferred arrangement of streets is a grid pattern with multiple points of access to roads bordering the PUD. Individual lot access to bordering arterial roads is discouraged. PUD entrance streets will align with existing intersections or be spaced at least 500 feet from existing intersections. b) There should be minimum use of cuI de sacs and building lots should be designed to accommodate future streets where applicable. c) A center for commercial establishments is advisable. Parking for commercial establishments should generally be off-street behind buildings and screened from sidewalks by berms, shrubs, and trees. On-street parking as part of a town center type development may be allowed, provided sufficient off-street parking is provided in a convenient, well-screened manner. d) Block length of new development should not exceed 600 feet in order to provide vehicular traffic with convenient access to inner parking areas, and cross- street pedestrian traffic with more direct access to commercial establishments. e) Pedestrian walkways should be provided from common parking areas to the sidewalks at intervals which prevent the pedestrian from having to walk excessive distances to arrive at parking areas. 2.14.8 Pedestrian-scale Commercial Buildings a) Buildings should front the street, with no setbacks from sidewalks and with windows accessible to pedestrian view. b) Building facades should be articulated and modulated to add human scale and visual interest as described in Section 3.1 of the Economic District Design Manual. Multiple planes to facades and roofs, along with pedestrian ways, arcades, canopies, and alcoves for landscaping, are encouraged. 2.14.9 Signs An approved common signage plan shall be required for the entire Planned Unit Development zoning district prior to the issuance of any sign permits. The requirements and limitations of Section 8 of the Zoning Ordinance shall apply to the Planned Unit Development District. 2.14.10 Land Use Buffers Buffers required elsewhere in the town's development regulations to separate land uses may be reduced, varied, and/or waived by the appropriate permit issuing authority when the reduction, variation, or elimination of a buffer will promote the mixed use nature of the whole development and still adequately protect sensitive land uses from negative impacts. Perimeter buffers between PUDs and adjacent residential land are not subject to this reduction. 561 2.14.11 Traffic Impact Analysis A traffic impact study shall be required as a part of the Development Plan. Town staff and NcDOT (as appropriate) shall review the Development Plan as well as the projected on-site and off-site traffic impacts, and determine that the mixed use project is designed to adequately provide for transportation needs. Both may recommend that the Town Board require the developer to limit access points, provide additional lanes, install traffic islands, provide transit facilities, install traffic signals, or other improvements to assure traffic safety. . 2.14.12 Contiguous PUDs Contiguous PUDs should harmonize with one another. Care should be taken to ensure compatibility at both a functional and aesthetic level. The arrangements of streets and parking, location of commercial enterprises, landscaping and use of trees, and distribution of parks and recreation facilities, should be integrated across the independent developments. 2.14.13 Submittal Procedure To assure satisfactory conformance with the purposes of this district, a thorough review procedure is established. The review requires submittal of a more extensive application than is required for other zones. To have property considered for the Planned Unit Development District, the application shall be signed by all property owners or agents for the owners with Power of Attorney. In addition, the application shall include an expanded version of a Development Plan and a Phasing Plan (described below). If the PUD district is granted as a result of this application, no building or land shall be used and no building shall be erected or structurally altered until a Site Plan or subdivision preliminary plan is approved in conformance with procedures found for each. Site Plans or subdivision preliminary plans which show a significant change from the Development Plan require resubmittal and approval of an amended Development Plan and Phasing Plan. . 2.14.14 e. f. g. h. . L J. k. 1. It is required that the applicant meet with the staff of the Planning Department as an initial step in seeking the PUD district. The Planning staff, in conjunction with other development related Departments, can assist the prospective applicant with ordinance requirements and procedures. a. Development Plan Requirements Vicinity map showing north arrow, scale, name of project, tax map numbers of parcels. The scale of the project map shall be appropriate for the project size. Boundaries of the property using metes and bounds and the angle of departure of adjoining property lines. Acreage in the tract and the amount to be developed. Current zoning and any overlays of the subject property and adjacent properties, and generally specified dimensional requirements to be enforceable as part of any subsequent site plan or subdivision review. Owners of the property and adjacent properties. Land uses of adjacent properties, and major improvements on the site and within 50 feet of the boundary of the site. Generalized floodplain locations as well as existing streams and drainageways. Existing topography. Existing property lines to be removed. Existing rights of way with street names, utility easements, and any other easements either on site or adjacent to the site. Existing water and sewer lines and stormwater drainages. Proposed land uses indicating general locations of residential and non-residential improvements, b. c. d. . t. u. v. . w. x. 562 m. n. o. including type and maximum density of the dwellings, generalized type of non-residential uses, building envelope, maximum building height, and maximum floor area. This information shall demonstrate compliance with minimum and maximum percentages established for planned unit developments. Proposed recreation areas and open space reservations and their general location. Schematic landscape plan including plant material, undisturbed areas, and areas for re-planting. Proposed circulation system which includes locations of major streets and major pedestrian paths. The pedestrian walkway system shall be designed to provide pedestrian access throughout the development. Proposed utility locations. The physical design features or themes used to unify the development and to provide compatibility to neighboring developments. Possible features used to unify the design include but are not limited to: building style, building materials, signage, or streetscape design. The specific plans for gathering spaces/public spaces to be constructed. The procedures for the attractive maintenance of amenities and areas which will not be developed until later phases of the project. The identification of maintenance requirements for any saved vegetation, if maintenance beyond standard procedures is required. A detailed landscaping plan for the perimeter and entrances to the development demonstrating the unified themes of the mixed use project. The proposed traffic circulation system noting external compatibilities, potential locations of drive up windows, and interactions with the pedestrian circulation system. A traffic impact study indicating impacts on existing facilities, improvements to existing facilities, and control devices proposed within the development. A narrative indicating the expected impact of the development on existing or proposed public facilities, including but not limited to schools, utilities, and public safety. Additional written conditions may accompany the Development Plan if the applicant wishes. These conditions shall be considered a part of the Development Plan and fully enforceable as ordinance requirements. p. q. r. s. 2.14.15 Phasing Plan The second component of the rezoning application is the Phasing Plan which identifies the stages of development build out. The submittal of a Phasing Plan shall be concurrent with the submittal of a Development Plan. The Phasing Plan shall identify the sequence of development for the land uses shown on the Development Plan. The Phasing Plan information may be prepared as a plan, a table, or a report. It shall include general phasing of internal and external traffic circulation systems, amenities, and utility improvements which will be constructed concurrent with the land use development. Land use development scheduling shall include some general indicator of size, either square footage or acres. The plan shall also indicate the expected impact of the development on existing or proposed public facilities, including but not limited to, schools, water and sewer systems, and public safety. The applicant shall provide assurances that all the use categories will be constructed and that the project will, in fact, result in a mixed use development satisfying the intent section of this district. To further preclude the possibility of using the mixed use district zoning for a single purpose project, the following requirement must be met: Should commercial uses or industrial uses be included in the first phase of the project, the developer must build some other use category in that phase either prior to or concurrent with the commercial or industrial uses. . 2.14.16 Approval Procedure The application for the PUD district with the Development Plan and Phasing Plan shall be processed in . 563 a manner identical to other zoning map amendment requests. In making a decision as to whether to grant the application for the PUD district, the Town Board shall give consideration to the following: a. The conformance of the proposal to a mixed use development purpose as described in the Intent Section and the guarantees that the proposed phasing of the project will result in a mixed use development. The compatibility of the proposed mixed use project with existing and proposed development nearby. The interaction of each component of the project with subsequent phases as well as the self- sufficiency of each individual phase of the project, to assure the completion of the mixed use project. The convenience of the pedestrian linkages and the accessibility of any public spaces. The attention to the design of features intended to unify the development and the effectiveness of these features to perform this task. The interaction of each component with existing and proposed, on and off-site transportation facilities. The Phasing Plan produces an orderly and rational progression of development that provides all necessary improvements and amenities in a timely and reasonable manner. b. c. d. e. f. g. In a Planned Unit Development District, the Development Plan may identify certain features which may not be modified under any circumstance without Town Board approval, even if the scale of the modifications would normally be approved by another permit issuing authority (see 2.14.19). 2.14.17 Period of Validity . The Development Plan and Phasing Plan shall run with the PUD zoning of the property and be valid until the zoning map is changed or the Development Plan and Phasing Plan are amended. . 2.14.18 Peiformance Guarantees The Town Board shall require such measures as it deems necessary to assure the proper phasing of development and to assure the provision of public amenities and public facilities upon completion of each phase or upon full development. Performance guarantees may include but are not limited to Letters of Credit or Surety Bonds. 2.14.19 Modifications to the Development or Phasing Plans Note: In order to accommodate market changes which may occur over the life of the project, some flexibility for modifications is allowed. A new traffic impact analysis may be required if the applicant proposes changes which may adversely impact traffic. The standards for modifications of the Development Plans or Phasing Plans are similar to standards found elsewhere in this ordinance. However, some flexibility is allowed because the long term nature of a mixed use development may transcend market changes. Where a conflict occurs with other Sections of this ordinance, the provisions listed below shall apply. a) Decided by Permit Issuing Authority: 1) Changes in an identified use to another use in the same category and located in the internal area of the project. 2) Modifications in the Phasing Plan which do not impede the goal of achieving the intended mix of uses. 3) Modifications to the pedestrian or open spaces which increase the amount of space or which provide new pedestrian or open space in the general vicinity which offsets the lost space. . b) c) Section 2. Section 3. 5f14. 4) Minor changes to the design themes which maintain or improve the same motif included in the original approval. Decided by Town Board but not requiring a public hearing: 1) Changes in location for approved uses. 2) Significant changes to public spaces or elimination of walkways which access public spaces. 3) Reductions in the amount of pedestrian or open space with an increase in building floor area. 4) Changes to phasing or design themes not eligible for approval by the Permit Issuing Authority. All other changes to the Development Plan may be accomplished by resubmittal of a Plan which meets the requirements of Section 2.14.14 and Town Board approval with a Public Hearing. Changes to Site Plans shall conform to requirements for Site Plan revisions found elsewhere in this ordinance. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of February, 1999. Ayes: S- . Noes: -&-- Absent or Excused: . -&- ~~ Donna F. Armbrister, Town Clerk