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Home My Public Portal About10-09-2000 Regular Session . . . ~ i('tP"' .~~ .\ t\."'> . ~ 433- .. MINUTES HILLSBOROUGH TOWN BOARD October 9,2000 7~30 PM, Town Barn The Hillsborough Town Board held a regular meeting on October 9th, 2000 at 7:30 PM in the HiIlsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sf., Commissioners Kenneth Chavious, Frances Dancy, Evelyn Lloyd, Mark Sheridan, and Brian Lowen. Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Town Engineer Kenny Keel, Police Chief Nathaniel Eubanks, Public Works Director Pete Champion, Management Intern Jim Klingler, and Town Attorney Robert E. Hornik, Jf. Interview 2 candidates for vacancies on the Historic District Commission. Only one candidate was present for the meeting, so the Town Board interviewed Don Belk to fill a vacancy on the Historic District Commission. Mayor Horace H. Johnson, Sf., called the meeting to order at 7:30 PM. 1. PUBLIC CHARGE Mayor Horace 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 There were no audience comments. B. Matters not on the printed agenda There were no audience comments. 4. APPROVAL OF THE MINUTES OF THE SEPTEMBER 11, 2000 REGULAR BOARD MEETING, THE SEPTEMBER 25, 2000 MONTHLY WORKSESSION, AND THE SEPTEMBER 26, 2000 JOINT PUBLIC HEARING WITH THE PLANNING BOARD Upon a motion by Commissioner Lowen, seconded by Commissioner Sheridan, the Board moved to approve the Minutes of the September 11, 2000 Regular Board Meeting with the correction of the spelling of Beckett's Ridge on page 8, the Minutes ofthe September 25,2000 Monthly Work Session, and the Minutes of the September 26,2000 Joint Public Hearing as presented as presented by a vote of 5-0. The motion was declared passed. . . . <I' 434 5. REPORTS ,. . A. W.K. Dickson (Engineering consultants) will Present the Findings from the Wastewater Plant Study John Ike and John Brinkley, representatives from W. K. Dickson Engineering Firm, reported on their recommendations for Phase I Solutions for the Wastewater PI,ant and discussed the advantages. 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson stated that the Street Repaving would need to be advertised. Manager Peterson presented a report from the Police Chief that outlined 41 Truck Traffic violations between September 12,2000 and October 4,2000 of which 21 were cited. The Police report also gave statistics from January 1998 through October 2000 on 96 violations (including warnings and actual citations) including arrests and citations for drugs, traffic violations and suspicious conditions occurring on Torain Street and other adjoining streets. Peterson advised the Board ofa vacancy on the Orange County Recreation Board. for a Hillsborough Representative and explained that this representative could be a citizen or a Board Member. This Board meets once a month and the representative would be serving a 3-year term. He reported that the Commercial Garbage Committee has held it's first meeting. The letters to the water customers regarding the water rate increase should be received by the citizens by Tuesday, October 10th. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel gave a status report on all current water and sewer projects. 8. ITEMS FOR DECISION - CONSENT AGENDA A. Consideration of a Resolution to Require Payment In Full for Cemetery Plots at Time of Purchase B. Consideration of a Proclamation Proclaiming the Week of October 22-28 as World Population Awareness Week C. Consideration of Town Board 2001 Meeting Schedule D. Endorse the Listing of Montrose in the National Register of Historic Places and Authorize the Mayor to Submit this Endorsement to the State Historic Preservation Office E. Consider Approving a Contract with Martin & Associates Landscaping Services to Construct the Murray Street Park F. Miscellaneous Budget Amendments Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved 2 . . . · .' 4~5 to approve Items A-F on the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution to Require Payment In Full for Cemetery Plots at Time of Purchase; the Proclamation Proclaiming the week of October 22-18 as World Population Awareness Week; the 2001 Town Board Meeting Schedule; and the Miscellaneous Budget Amendments are hereby mad~ a part of these Minutes as Attachments. 9. ITEMS FOR DECISION - REGULAR AGENDA A. Discuss and Consider a Request to Revitalize the Margaret Lane Cemetery Committee Bill Crowther appeared before the Board to request that the Margaret Lane Cemetery Committee be revitalized and given authorization to recruit new members. By consensus, the Board approved the revitalization of the Margaret Lane Cemetery Committee and authorized the recruitment of new members. B. Consideration of Ordinance creating Limited Office District Planning Director Margaret Hauth presented the Ordinance for the Board's consideration and stated that the Planning board voted unanimously in favor ofthese text amendments without recommending any changes. Hauth informed the Board that the EDD Workgroup is also in favor of these text amendments. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance creating a Limited Office District as presented by a vote of 5-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these Minutes as an Attachment. C. Consideration of Ordinance to Amend Zoning Ordinance to Create Entranceway Special Use District Planning Director Hauth presented the Ordinance for the Board's Consideration. Hauth reported that the Planning Board voted unanimously in favor of these text amendments. The Planning Board recommended that Section 4.11.4.b.a be changed to 3 alleys and that Section 4.10 have a sentence added that reads: "Staff may determine that some requirements are not applicable to all applications." She informed the Board that the EDD Workgroup is also in favor of these text amendments. Planning Director Hauth distributed additional text proposed by the EDD Workgroup to accommodate expansion needs for existing uses made non-conforming by the rezoning to Limited Office. She noted that the Workgroup was concerned about the expense for these businesses to come into compliance and proposed that the square footage and traffic both be allowed to increase up to 25% without triggering rezoning. The members discussed allowing this provision for only a certain period oftime and decided against it. They also agreed to not limit the provision to a single addition. The members discussed the inclusion of a 65,000 square foot limit for retail. Commissioner Dancy asked whether, without the limit, the Board could chose to turn down an application that 3 . . . . 436 was unacceptable, even if it was the size of the business that was unacceptable. Planning Director Hauth confirmed that denial without the standard would be possible. She added that having the limit in place did not prohibit the Board from approving an application with a larger building either. Mayor Johnson asked Planning Director Hauth to summarize the changes to the draft ordinance. Planning Director Hauth recapped the proposed ordinance amendments as follows: the two Planning Board amendments, the new Section 5 to allow non-conforming uses to expand, and a new heading "Transportation Network Capacity" in Section 4.48.3 as subsection g. The members agreed to also delete the 65,000 square footage limit on retail establishments. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt the Ordinance to Amend the Zoning Ordinance to Create an Entranceway Special Use District with the five aforementioned changes by a vote of 5-0. The motion was declared passed. A copy ofthe Ordinance is hereby made a part of these Minutes as an Attachment. D. Consideration of Ordinance to Amend Zoning Map to Rezone 7 properties along NC 86 from HIC & GI to Limited Office (The affected properties are known as Tax Map 4.40.A.8, 8R, 8V, 9D, 19,21; 4.45..4C) Planning Director Hauth presented the Ordinance for the Board's consideration and reported that the Planning Board voted 3-2 in favor of the rezonings. Their motion included a provision that owners be granted one rezoning request at no cost within one year of the affective date of the rezoning to Limited Office. The EDD Workgroup is in favor of the rezonings and said the Planning Board's allowance for a free rezoning was certainly fair. Upon a motion by Commissioner Chavious, seconded by Commissioner Sheridan, the Board moved to adopt the Ordinance to Amend Zoning Map to Rezone 7 properties along NC 86 from HIC & GI to Limited Office (The affected properties are known as Tax Map 4.40.A.8, 8R, 8V, 9D, 19,21; 4.45..4C) by a vote of5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. . Mayor Johnson called for a 5-minute recess. Mayor Johnson reconvened the meeting. E. Discuss and Consider approving the Creation and Mission of the Citizens Advisory Task Force to Evaluate the Town's Water & Sewer Fund Operations Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board adopted the Creation and Mission of the citizens Advisory Task Force to Evaluate the Town's Water & Sewer Fund Operations by a vote of 5-0. The motion was declared passed. A copy of the Mission Statement is hereby made a part of these Minutes as an Attachment. Town Manager Eric Peterson informed the Board that the Town Clerk would be receiving Volunteer Applications and Letters of Interest from citizens wishing to serve on the Citizens Advisory Task Force and will provide copies for the Board to consider to make appointments at their October 23rd Work Session. 4 . . . 437 F. Chris Dunbar will address the Board to Request Annexation of 52 Acres at the junction ofI-85 and 1-40 Mr. Chris Dunbar, commercial real estate developer from High Point representing the Falk Family, appeared before the Board to Request Annexation of 52 Acres at the junction ofI-85 and 1-40. Mr. Dunbar requested that the property be re-zoned and annexed into the Town by way of a satellite annexation. He stated that the Falk family wishes to develop an upscale multi-family project on the property. Mr. Dunbar reported that he has reviewed the preliminary development plans with Town Engineer Kenny Keel who confirmed that water & sewer capacity is available on the site. Dunbar stated that the proj ect would pay for significant improvements to the sewer system that is already needed due to its advanced age and design. These upgrades will reduce the Town's expense associated with the maintenance and repair of the system. After much discussion and upon a motion by Commissioner Chavious, seconded by Commissioner Lowen, the Board moved to direct the Town Manager to coordinate with Mr. Dunbar to have an annexation feasibility study conducted at the applicant's expense by a vote of 4-1 with Commissioners Chavious, Lowen, Sheridan, and Dancy voting Aye, and Commissioner Lloyd voting Nay. The motion was passed. G. Bret Bocook will ask the Board to reactivate his request for the Town to Annex 120.5 acres at the Northwest Intersection ofI-40/0Id NC 86 for the development of the Proposed Gateway Oaks Office Park Mr. Bret Bocook of Borden and Bocook Commercial Real Estate, LLC, appeared before the Board and requested that his request for annexation be reactivated. He stated that his company is planning on building an office park named Gateway Oaks on the property. After much discussion and by consensus the Board informed Mr. Bocook that since the property is located within the county's jurisdiction, the Town couldn't consider any annexation until the county's development moratorium is lifted. H. Consideration of an Amendment to the Town Code to Delete Sections 14-36, 14-37, 14- 38, 14-39 which Allows for the Provision of "Interruptible" Water Rates (e.g., Discounted Water Rates for High Volume Users) Town Manager Eric Peterson presented the Town Code Amendment for the Board's consideration. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to approve the Amendment to the Town Code to delete Sections 14-36, 14-37, 14-38, and 14-39, which allows for the provision ofInterruptible Water Rates by a vote of 5-0. The motion was declared passed. A copy of the Town Code Amendment is hereby made a part of these Minutes as an Attachment. I. Consider approving the Purchase of a Residential Garbage Truck from Carolina 5 . . . ) , 438 Environmental Systems, Inc. ofKemersville, NC for $154,000 Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board moved to approve the Purchase of a Residential Garbage Truck from Carolina Environmental Systems, Inc. of Kemersville, NC for the amount of $154,000 by a vote of 5-0. The motion was declared passed. J. Consider approving Interlocal Agreement for the Operating & Sharing of Cost for the Fairview Community Policing Center Town Manager Eric Peterson presented the Agreement for the Board's consideration stating that the purpose is to establish an agreement between the Town of Hills borough and Orange County regarding the basic operating and cost sharing methodologies for the construction and operation of the Fairview Community Policing Center. Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Interlocal Agreement for the Operating & Sharing of Cost for the Fairview Community Policing Center as presented by a vote of 5-0. The motion was declared passed. 10. APPOINTMENTS A. Appoint Marshall Cates III to the Historic District Commission with a term expiring October 2003 This Item was tabled until a later date when the Town Board can interview Mr. Cates. B. Appoint Donald Belk to the Historic District Commission with a term expiring October 2003 Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to appoint Mr. Donald Belk to the Historic District Commission to fill a vacancy with a term expiring October 2003 by a vote of 5-0. The motion was declared passed. C. Appoint a Board Member to the HOME Program Review Committee Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to appoint Commissioner Chavious to serve on the HOME Program Review Committee by a vote of 5-0. The motion was declared passed. 11. CLOSED SESSION A. Closed Session to Conduct Town Manager's Annual Performance Review Upon a motion by Commissioner Chavious, seconded by Commissioner Sheridan, the Board moved to table this Item until the October 23rd Work Session due to the late hour by a vote of 5- O. The motion was declared passed. ADDED ITEM B. Closed Session to Discuss Pending Litigation 6 . . . " 1& ~ 439 Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to go into Closed Session to discuss Pending Litigation by a vote of 5-0. The motion was declared passed. 13. OTHER Upon returning to Open Session, by consensus the Board deemed there was not further business to discuss. 13. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board moved to adjourn at approximately 11 :20 PM by a vote of 5-0. The motion was declared passed. /::;:(~ Donna F. Armbrister, CMC Town Clerk 7 - 4- , . . . l~ ATTACHMENT B.A \.1 440 RESOLUTION TO REQUIRE PAYMENT IN FULL FOR BURIAL PLOTS AT TIME OF PURCHASE WHEREAS, it has been the Town's practice to require payment in full for a cemetery plot before a grave is opened for a burial. This practice has worked well and is in keeping with the practices of other municipal cemeteries; and WHEREAS, the Town has allowed persons doing "advance planning" to make a down payment to hold a specific burial plot and make monthly payments to pay off the balance; and WHEREAS, the Town has attempted, in good faith, to work with people to allow them this option but is continually having difficulty in obtaining payments; and WHEREAS, the collection for these plots is time consuming and costly - involving the time of the Town Clerk, expense for postage and certified mail, and the timeofthe Town Attorney when the Clerk's efforts to collect fail; NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners that the Town does hereby adopt a Policy to require payment in-full at the time of purchase for all Town Cemetery Plots. ~~~~o; ~- Town of Hills borough ~ ~ Town of eHlll~ .' ' 441 MEMORANDUM TO: Eric Peterson, Town Manager Donna F. Armbrister, Town Clerk p! September 18, 2000 FROM: DATE: SUBJECT: Cemetery Plot Payments As you know, it has been the Town's practice to require payment in full for a cemetery plot before a grave is opened for a burial. This practice has worked well and is in keeping with the practices of other municipal cemeteries. . I have allowed persons doing "advance planning" to make a down payment to hold a specific burial plot and make monthly payments to payoff the balance. I have attempted, in good faith, to work with people to allow them this option but continually have difficulty in obtaining payments. I mail monthly invoices to those persons with outstanding balances (currently II persons). Close to half of these do not make regular monthly payments. It is common for them to go three to four months without sending a payment. I have one account which has not made a payment since December of 1998 although they have received their monthly invoices by certified mail and have verbally promised to send payment on numerous occasions. The collection for these plots is time consuming and costly - involving my time, expense for postage and certified mail, and the time of the Town Attorney when my efforts to collect fail. I would like to recommend that the Town consider requiring payment in full at the time of purchase for any burial plot. This is the only service the Town offers which persons have been allowed to make payments on. I have surveyed other municipal cemeteries in the state and of the seven responses I received, four are currently requiring payment in full at the time of purchase. Thank you for your consideration. . 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-7.~?-?ln4 . Ti'n,r:: 919-fl44-2.~9n . ~ . . . ATTACHMENT 8. B ,~~ 442 World Population Awareness Week Proclamation --- 2000 Whereas world population today exceeds six billion and continues to increase by one billion every 13 years; Whereas the environmental, economic, and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people; Whereas 1.5 billion people live on les.s than one dollar a day, 790 million go to bed hungry every night and a disproportionately large share of the poorest of the poor and the malnourished are girls and women; Whereas in developing countries two-thirds of the 130 million children not attending school are girls; Whereas with each passing minute a woman somewhere on Earth dies from pregnancy or childbirth complications, a total of 600,000 every year; Whereas in addition to deaths, each year at least 7 million women are estimated to suffer serious effects and as many as 50 million women suffer some health consequences resulting from childbirth; Whereas up to one half of the nearly 175 million pregnancies each year are unwanted or ill-timed; Whereas 350 million married women in developing countries still lack access to information, education and the means to obtain a range of modern family planning methods; Whereas the theme of World Population Awareness Week this year is "Saving Women's Lives," with a strong commitment to establishing as a major health priority the reduction of maternal mortality and morbidity - through safe, efficient, effective, affordable and voluntary interventions that respect cultural and moral convictions; NO~_ THEREFORE, I~~ ~ )?MAYOR OF THE CITY OF Ii j/J///ffft . OCLAIM THE WEEK OF OCTOBER 22-28 AS W RLD POPULATION AWARENESS WEEK AND URGE ALL CITIZENS OF OUR STATE TO TAKE COGNIZANCE OF THIS EVENT AND TO PARTICIPATE APPROPRIATELY IN ITS OBSERVANCE. . . . ,: 443 WORLD POPULATION FACTS Overview . The world's population surpassed 6 billion in October, 1999. . Last year world population grew by nearly 80 million. Of this growth, 97 percent occurred in the poorest parts of the world. . Because of the failure to come to grips with the problem of rapid population growth in previous years, three billion young people, equal to the whole population of the world as short a time ago as 1960, will enter their reproductive years in the next generation. . By no later than the year 2025, the combined population of Asia and Africa will be 6.5 billion, significantly more people than now live on the .entire planet. . 300 million women want and need family planning but lack either information or means to obtain it. Health . One billion people have no access to health care. . Eight million infants under age one will die this year - 22,000 each day - many because their mother did not know how to allow appropriate intervals between pregnancies. . More than 600,000 women die every year because of complications from pregnancy and abortion, many because of unwanted pregnancies that could have been avoided through family planning. . 2.3 billion people live without adequate sanitation. . At least 75 million pregnancies each year (out of a total of 130 million) are unwanted. They result in 45 million abortions and more than 18 million live births. . There ar~ an estimated 333 million new cases of sexually transmitted diseases (STDs) each year. Worldwide, the disease burden of STDs in women is more than five times that of men. Poverty and Social Disintegration · 1.3 billion people live in absolute poverty - surviving on less than $1 per day - with roughly 600 million people homeless or without adequate shelter. · 85 countries are unable to grow or purchase enough food to feed their populations - 840 million people are malnourished. · The African sub-continent is the fastest growing region in the world with the highest fertility rates, doubling its population in 25 years. Economy · Unemployment in many countries of the developing world is 30 percent or higher. 120 million people are actively looking for work; 700 million are classified as underemployed.- working long hours, often at back- breaking jobs that fail to even come close to meeting their needs. · In 1950, only one city in the developing world had a population greater than 5 million; by the year 2000, there will be 46 such cities. · The total worldwide annual cost of better . reproductive health care is about $17 billion - less than one week of the world's expenditure on armaments. Environment · 600,000 square miles of forest were cut down in the last decade. · 26 billion tons of arable topsoil vanish from the world's cropland every year. · Global climate change is disrupting weather patterns; causing more severe droughts and flooding, and increased threat to human health. . The number of rural women living in poverty in developing countries has increased by almost 50 percent over the last 20 years, to an awesome 565 million. . At least 1.5 billion people - nearly one-quarter of the world's population - lack an adequate supply of drinking water. .~ . THE POPULATION INSTITUTE 107 Second Street, N.E. Washington, DC 20002 (202) 544-3300 fax (202) 544-0068 o OFFICERS AND DIRECTORS PRESlDEf'IT Werner Fomos Suzanne Kellerman, Chair Marilyn Hempel, Vice Chair JyOli Singh, Secretary Joyce W. Cramer, Treasurer Viaor Morgan, Member At Large Jack Brandenburg H.E. Anwarul Chowdhury Betty Cogswell, phO. Donald Collins Van Crawford -- --.-- -- ------ sally Epstem James Fri Robert Gillespie Jean Greene Bruce Halliday, M.D. Russell Hemenway Marilyn Scaff Hempel Joel Johnson Walter Kohn, PhO. William N, Leonard, PhO. Winford (Buck) Lindsay Gayl O. Ness, PhO. Patricia Nielsen Nathan Schafer . Rodney Shaw Hon. Paul Simon Lindy Williams, PhO. Donald C. wilson o PUBLIC POLICY ADVISORY COMMITTEE . Bettye Ward, Chair The women we are writing on behalf of are often unemployed, warped by the Hon. Thomas Allen Hon. Chet Atkins conditions of poverty, and are unable to access safe and professional medical Hon. Barbara Boxer care during pregnancy. These conditions are unacceptable in the United States. Dorothy Cullman Kimball Faulkner Therefore, your proclamation of WP A W will send the message that you are Hon. Edwa,rd F. Feighan dedicated to "Saving Women's Lives" and helping in the campaign to bring Hon. Elizabeth Furse .~I:fon..~m G~jdensg'l.- ~awar.eness_and_edt!cati()nJp_th~~::jmPQ~tjSSlles. ~_ Hon. William H. Gray III ." - - - - Hon. Bill Green - Hon. Luis Gutierrez Last year, 242 mayors proclaimed WPA W. This year, our goal is to increase this Hon. Henry L. Kimelman number of proclamations so that we can demonstrate the solidarity of the United Hon. Jim Leach Hon. Ronald Machtley States in this global challenge of "Saving Women's Lives." If you should need H~~~:~ ~ any further information or would like to discuss ways to become involved in Anjum Niaz WP A W, do not hesitate to contact our Public Policy Assistant, Summer Coish, at Hon. John E. Porter (202) 544-3300. extension 120. Please send your proclamation to our office when Or. Glen T. Seaborg Russell E. Train it is completed. T eel Turner Or. James O. Watson iJJ Printed on recycled paper. 444 September 22, 2000 The Honorable Horace Johnson Office of the Mayor P.O. Box 429 Hillsborough NC 27278 Dear Mayor Johnson: For the past 16 years, The Population Insitute has sponsored World Population Awareness Week (WPAW) in an effort to stimulate awareness about population stabilization and the prevention of unintended pregnancies. Recognition of c ---~WP-AW-is.espp"ciallyimpert211t-this-year.beC2~e there are 3-50.miHion.........omen-ffi-- the world who still lack the education on and access to the modem family planning methods we so often take for granted in this country. The majority of these women live in the poorest countries of the world where over 97 percent of the world's growth is occurring and over 1.3 billion people live in absolute poverty- surviving on less than one dollar a day. Because your position as mayor provides you with high visibility and influence, I ask that you recognize the importance of these issues by proclaiming WP A W for October 22-28, 2000. This year's WPAW is dedicated to "Saving Women's Lives" in recognition of the more than 600,000 women who die each year because of complications from pregnancy and abortion. The lack of education and funding for effective family planning methods leads to 75 million pregnancies each year, out of a total of 130 million, that are unwanted and result in 45 million abortions and more than 18 million live births. Therefore, providing voluntary family planning methods reduces the need for and number of abortions. Sincerely, jt)~~ Werner Fornos President E-mail: web@populationinstitute.org Website: hllp://www.populationinstitute.org W+P+A+W ... 445 WORLD POPULA TION A WARENESS WEEK . October 22-28, 2000 "Saving Women's Lives" . . In the developing world the complications of pregnancy kill more than 600,000 women a year. That is one woman every single minute because so many lack the most basic health care. One woman in nine will die in pregnancy or childbirth in Niger and Rwanda, whereas only one in 7)00 will die in Norway and one in 3,500 in the United States. These same women are also less likely to have access to, or use modern contraception that could prevent the pregnancies that are killing them. Access to family planning and education are the two most important determinants of the well being of mothers and their children. The Population Institute is dedicating World Population Awareness '-tVeek to the issues of" Saving Women's Lives." .., -, ...' ..\ .:..":::" . ." . . ',' .. .. ";.:~e$~#ij?~ :3',~.fi :.~~cft!rj .; '":-:iJ~;,;k.it ;i. ">,~'. '~':;';;;':;)fed:.;': ";\:'.:'c,,""L ...."j": , , :' ,;' ~ . . ",', .' "....r . ..~... .. ..... , ,I. 11,'''' . ,.~~:: " ..'/ t ~ "... .",: . . :.," {':' (" ".,.:>',;:j': !~;:?"E~!' .' . , , ;. Picture from World Health Organization web site http://www.who.intlmtlmsmlworld_health_day.htm This year will be the 16th annual observance of WPA W. We encourage all community leaders and organizations to participate in this year's World Population Awareness Week by urging your mayors, governors and other elected officials to proclaim the week. A sample proclamation is enclosed. If you need any assistance with WP A W, please contact Angela Taliaferro, WP A W Coordinator at: 1-800-787-0038, 202-544-3300 extension 113 if you are calling internationa:lly, or e-mail ata1iaferro@popu1ationinstitute.org. Thank you for your support. ~ The Population Institute 107 Second Street, NE . Washington, DC 20002 Phone: 202/544-3300 · Fax: 202/544-0068 · E-mail: ataliaferro(a>.populatiQninstitute.on?: http://www .populationinstitute.org rV'v'~~/THEVp6pULAooN/~~~~'~f " ~ INSTITUTE ~ ~. ............'~~. ./,,/'/'v"'v' / /' /./'.,' ."'\/V~ /'-^_" " "v"'/"./'../',./',/,,/,~~..,-/,/,/ / /'/"./'v^ .' /, /'. OUR PURPOSE The Population Institute is the World's largest independent, .on-profit, educational organization dedicated exclusively to chieving a more equitable balance between the world's population, environment and resources. Established in 1969, the Institute, with members in 172 countries, is headquartered on Capitol Hill in Washington, DC. PROGRAMS The Population Institute uses a variety of resources and programs to bring its concerns about the consequences of rapid population growth to the forefront of the national agenda. They include: + Community Leaders Network: PJ. actively recruits volunteers to speak out on population issues at local and national levels. Today, 100,000+ strong, it is the only network of its kind in the international population field. Augmenting the U.S. leadership group we have an international network of leaders in 172 countries. + Public Policy: Shoring up congressional support for passage on legislation for an increase in international population assistance and program effectiveness. Internationally, we work with the United Nations and foreign governments. . Educate America Campaign lbrough lectures and discussions at colleges and universities and before service and community organizations, as well as through the electronic and print media, this campaign seeks to inform a public that will encourage its leaders to move forward with the projects and programs necessary to ensure global population stabilization at the earliest possible date. . Future Leaders of the World This program provides young people with the opportunity to work as staff assistants at the P.I. for six-month tenures, preparing them for professional life while instilling in them a conunitment to this critical issue. + Media' Relations The P.I. works with print and broadcast journalists world-wide to create public awareness about global population issues. Timely, factual data is provided to more than 5,000 editors and reporters world wide. The P.I. also presents its Global Media Awards annually for the world's best reporting on population matters. + POPLINE P.I. publishes this bimonthly newspaper with a circulation of . 65,000. World's largest newspaper dealing exclusively global population concerns and is distributed to members of Congress, population activists, 2100 daily newspapers around the world, and correspondents in 160 countries. ~ .. 44 6 WORLD POPULATION AWARENESS WEEK W+P+A+W What is World Population Awareness Week (WP A W)? WP A W is an intense educational campaign designed to create public awareness about the startlmg trends in world population growth, the detrimental effects they have on our planet and its inhabitants, and the urgent need for action in order to change this situation. We are striving to create a world community concerned with bringing the world's population into balance with its resources and environment. Curbing population growth rates not only rests on private individual decisions about family size, but also on the network of educational techniques, economic institutions, and political rules influencing these individual decisions. In a sense, we all make policy. If we decide not to concern ourselves with population policy, we are choosing to support the existing demographic patterns. W.P.A. W. HISTORY The Population Institute rust conceived W.P.A.W. in 1985 as a means of alerting the public to the startling trends in world population growth and the need for immediate action. The idea is one that continues to motivate growing numbers of supporters. In 1989, just four years after its inception, WP A W branche~ far beyond the borders of the US to be observed internationally. In 1999 25 Governors, and 242 Mayors issued official proclamations. In addition 296 organizations from 53 countries co-sponsored the week and organized events globally. Our goal is to surpass all previous figures and gather even more support. YOU CAN MAKE A DIFFERENCE ... Your participation is crucial to the success of WPA W 2000. Please join our efforts to inform educators, students, and community leaders of the environmental and social consequences of rapid population growth by observing World Populatio.n Awareness Week (wpAW) 2000, "Saving Women's Lives." Communicate to your audience that world population actually should be some cause for optimism because it is one social issue that we really can do something about. The world has all the necessary tools to bring population growth into a more stable pattern. In this sense, world population growth is not so much a problem as it is a challenge. We hope that you face this challenge and join in our efforts to create awareness about the population issue among citizens, professionals, and policy makers around the world ~ Town of tHiUl~ ATTACHMENT 8. D 447 MEMORANDUM To: Mayor Johnson and Hillsborough Town Board members From: Margaret A. Hauth, Planning Director J1AW- Date: October 5, 2000 RE: Montrose National Register of Historic Places Nomination The Town of Hillsborough is a Certified Local Government through the State Historic Preservation Office. We are obligated by that agreement to review and offer comments on properties within the Town's jurisdiction that wish to be listed in the National Register of Historic Places. . Montrose is a property clearly qualified for individual listing in the Register. It is included in the Hillsborough district already listed, but not in our local district. Montrose is within the ErJ, but not the city limits. After numerous discussions with the State Office of Historic Preservation, it . became clear that this nomination was our responsibility to review and not Orange County's. The Historic District Commission held a public hearing on the nomination to allow adjacent properties and other parties comment on the nomination. There was no comment about the nomination and the HDC unanimously and enthusiastically endorsed the nomination. Since the Town Board is the governing board of the Town, the Board must also provide comment on the nomination. Action requested: Authorize the Mayor to fOlward an endorsement of the nomination, on behalf the Board of Commissioners, to the State Historic Preservation Office on the forms the State has provided. Please call me with any questions or if you wish to see the entire nomination document (20 pages). . 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax: 919-644-2390 . . . 448 THE CHIEF ELECTED LOCAL OFFICIAL OR THE LOCAL GOVERNING BOARD SHOULD COMPLETE ONE OF THE FOLLOWING COMMENT PARAGRAPHS: C. We, the Chief Elcac:d Loclll omdal , or We, the Hl11sbomM~"lII9.Wn Board have reviewed the nomination for Montrose and find that the property meets the criteria for listing in the National Register of Historic Places as stated in Section 8 of the report. We therefore, recommend that the property be submitted for listing in the Register. Additional Comments: ~~~. ~ Horace H.Johrison. Sr., Mayor 10-09-00 Chief Local Elected Official's signature and date D. We, the , or We, the Chid Elcac:d Loclll omcll1l Loall Go\'anlng Board, have reviewed the nomination for Montrose and find that the property does not meet the criteria for listing in the National Register of Historic Places as stated in Section 8 of the report. We therefore, do not recommend that the property be submitted for listing in the Register. The reasons for my (or our) findings concerning this' nomination are stated below (use additional sheet if necessary). Additional comments: Chief Local Elected Official's signature and date . . . ATTACHMENT 8. F ( :. 44 H ORDINANCE TO AMEND THE TOWN OF HILLSBOROUGH 2000-2001 BUDGET SECTION 5: The following amounts are hereby appropriated in the Water and Sewer Fund for the operation of the water and sewer utilities for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in accordance with the Chart of Accounts heretofore approved for this Town: Department Original FYOl Change Amended FY01 Budget Budget Engineering 686,900 (4,000) 682,900 Billing & CollectionlMeter 313,000 0 313,000 Reading Water Plant 654,300 (62,500) 591,800 Wastewater Plant 999,500 (163,000) 836,500 Water Distribution 1,569,600 0 1,569,600 Wastewater Distribution 401,900 0 401,900 Contingency 100,000 (25,000) 75,000 TOTAL $ 4,725,200 ($ 254,500) $ 4,470,700 SECTION 6: It is estimated that the following revenues will be available for appropriation in the Water and Sewer Fund for the fiscal year beginning July 1,2000, and ending June 30, 2001: Revenue Source Original FY01 Change Amended FY01 Budget Budget Water Charges 2,448,000 68,149 2,516,149 Sewer Charges 1,482,700 (40,943) 1,441,757 Penalty/Delinquent Fees 85,900 0 85,900 Water/Sewer Cap. Facility Fees 180,000 0 180,000 Water/Sewer Lateral Fees 26,800 0 26,800 Water Meter Fees 5,600 0 5,600 Interest Earned 107,000 (18,000) 89,000 Other Revenues 30,900 (13,200) 17,700 Fund Balance Appropriated 358,300 (250,506) 107,794 TOTAL $ 4,725,200 ($ 254,500) $ 4,470,700 SECTION 9: There is hereby maintained a rate schedule as follows for the purpose of raising the revenue listed as water charges and sewer charges in the Water and Sewer Fund, Section 6 of this Ordinance, the following rates shall become effective on October 1, 2000: In-Town Water...................................... ..$5.6311,000 gallons (3,000 gallon minimum) In- Town Sewer...................................... ..$5.11/1,000 gallons (3,000 gallon minimum) Out-of- Town Water.......... ~........................ Double the In-Town Rate ($11.26) Out-of- Town Sewer................................... Double the In-Town Rate ($10.22) . . . 450 Any 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 9th day of October 2000. Ayes: 5 Noes: .e- Absent or Excused: {)- ~~erk Town of ~illl~ ATTACHMENT 9.E 451 gh CREATION & MISSION OF THE CITIZENS ADVISORY TASK FORCE TO EVALUATE THE TOWN OF HILLSBOROUGH'S WATER & SEWER FUND OPERATIONS WHEREAS, the Town of Hillsborough's Water & Sewer Fund is facing significant financial challenges due to large debt service payments, old plants and infrastructure, low fund balances, and high rates; and WHEREAS, the high rates needed to sustain the Water & Sewer Fund place a financial burden on many of the system's utility customers; and WHEREAS, the Town's Board of Commissioners is committed to running the Hillsborough Water & Sewer Fund in as professional, effective, and efficient manner. . NOW, THEREFORE, the Town of Hillsborough Board of Commissioner's now creates the Citizens Advisory Task Force for Water & Sewer Fund Operations. NOW, the Town of Hillsborough Board of Commissioners presents the following "Mission" and guidelines to the Citizens Advisory Task Force: · The Task Force will be comprised of members appointed by the Board of Commissioners. One member of the Board of Commissioners will serve as an ad hoc member of the Task Force. . The Task Force will complete its work and make a presentation of their findings and recommendations to the Board of Commissioners no later than the April 200 I Board meeting (thus giving the Town time to incorporate any suggestions/findings into the FY2001-02 Budget. . Once the Task Force completes its mission in April it will then be dissolved. . The task force is free to use the Town staff in any reasonable manner to assist them in the process of developing their Report of Findings & Recommendations. The Town Manager will serve as the Town's liason to this Task Force, all administrative support for the Task Force must be coordinated through the Town Manager. ADOPTED this 9th Day of October 2000. Ji---"JIti .~ Mayor Horace H. ohnson, Sr. . 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax: 919-644-2390 . . . ATTACHMENT 9. H ~ 4,52 AN ORDINANCE AMENDING CHAPTER 14 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 14 of the Hillsborough Town Code is hereby amended to delete the following Sections: Article V INTERRUPTIBLE WATER SERVICE . Section 1 <l 3CJ Purpo~e for Establishment ofInterruptible Water Service and Reduced Rates During periods ef drought, v/hfln the Town facfls critical water supply situations, it is beneficial tCl the Tev.'I1 water system to have the ability to curtail or eliminate service t9 c@rtain subscribers. Users of large quantities of water may accomfR9date such curtailment or elimination of service without creating a health or safety hazard. It is fair and equitable that sHbscribers 'NhCl choose interruptible service pay a reduced rate for such service due to its unreliable nature and the lower cost efpro'/iding such service. Section 1 <l 37 Eligibility for Interruptible Service (a) Subject to the limitations contained in this Section, any water system subscriber who has used m9re than 1,500,000 gallons during the last three monthly billing periods may subscribe to interruptiblfl service at a rate equal to 68.5% of the regular ratfl by giving the Town written notice of its election te do so aad eXflcuting a c9ntract with the Towa. Subject to the limitations contained in this sGction, any water system subscriber who has uSfld more than 3,000,000 gallons during the last three monthly periods may subscrib@ to the interruptible service rate at a rate equal to fifty percent (50%) 9f the reglllar rate by giving the Town written notice of its @Iection to do S9 and @xecHting a contract with th0 T9wn. (b) In applying t1l0 minimum c9nsumptiCll'l 01igibility requirements for interruptible service, a subscriber may combine consumption uader tv/o or more separate meters only if such meters serve tOO same premises. S0parate subscribers may not c9mbine their consumption to meet eligibility requirements. (c) Subject t9 the limitatiCllu; contained in this Section, a landlord subscriber whose rental property is servl!d by a "master m0t0r" for multipl@ t@nants or portions of such property 'vho receive their wat@r through lines that are e'Nned by sych &Ybscriber, shall be eligible for interruptible service only if such subscriber obtains from each of its tenants a Release and Agreement that explains the possibility of service interruptions and s@ts forth th0 tenant's promisfl to release and hold the TO'Nn harmless from any clairm arising from service interruptions. (d) The Town may dflny interruptibl0 servic@ to a subscrib@r if, in the Board's opinion, service curtailment er discontinuance could result in a public health or safety hazard: (e) The 98.5% rate f9r interruptible servic0 shall apply for each monthly billing period during the term of the contract fer that rate in which the sHbscriber uses more than 500,000 gallons. For any monthly billing period in which thE l>Hbscriber Hses less than 500,000 ga1l9ns, the reglllar rates shall be applicable unl@ss a stage two water shortage alert (9r any more serious water ShOrtagll condition) under the 'Vater CGns0rvatioR Ordinance existed at any time during such monthly billing p8riCld, in 'shich caS8 th8 int8rruptibl0 rates shall remain applicable. (f) TIlll fifty p0fcent (50%) rate fOf int0rruptibl@ s0rvice shall apply fGr each monthly billing p0riod during the term Gf full c9ntract fGr that ratll in which the subscrib@r HS8S ffiGr0 than 1,000,000 ga1l9ns. Fer any mGnthly billing periGd in 'Nhich the subscriber uses less than 1,000,000 gallens the regular rate shall be applicabl0 Hnless a stage tWG water shortage alert (or any, more serious water . . . .. 4:53" shortagll condition) undllr full Watllr Consllrvation Ordinancll llxistlld at any timll dur.ng &\lch monthly billing period, in which case the 50% rate shall remain applicable. (g) A subscrib0r '-,:ho has prllviously tllnninated an intllrrnptiblll SlllyiCll contract shall bll llligiblll fDr a r0wmption ofint0rruptibl€l S01yic€I und0r ta0 t0rms and conditions S0t fDrth in this Articlll only after a tv:lllY€l month waiting period as a rllgular sllrvic0 subscriber. Section 14 Jg Contract for Interruptible Ser':ice (a) All iRtllrrnptiblll servicll &ubscribllrs shall bi! required ta sign a contract wita te0 Tawn, in form acc0ptabl0 ta ta0 Town, setting fDrth the terms and conditions under '",hich interruptible service is provid0d. (b) All such contracts shall havi! a tW01'l0 month t0rm expiriRg on Decembllr 31, 0xcept that a &Ubscriber's initial contract fDr interruptible service may 90 10ss than twelve months if entered into aftllr January 1. (c) All such contracts dlall Dll automatically rllnewed each year unless full Town or &Ubscriber gives '.'.'ritten notic0 of Ron renewal at least 90 days prior to th0 0xpiration of the term. Section 14 J9 Establishment of Interruptible Rates Subscribers who subscribe to int0rruptibl0 v:at0r s0rvic0 and m00t the lower minimum consumption requir0ments S0t forth in this Articlll shall 90 charglld for wat-tlr and S0Wllr sllrvicll at a rat0 0qual to 68.5% of th0 rat0 charglld to rllgular customers whosll sllrvic0 is not subject to interruption. Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having be~Ubmitted to a vote, received the following vote and was duly adopted this ~~ day of ti 1",0 ~~ . . Ayes: S Noes: -8 Absent or Excused ~ ~~~ Donna F. Armbrister, Town Clerk .. .' . . . . ATTACHMENT ~. 454 INTERLOCAL AGREEMENT FOR THE OPERATING & SHARING OF COST FOR THE FAIRVIEW COMMUNITY POLICING CENTER Purpose: To establish an agreement between the Town of Hillsborough and Orange County regarding the basic operating and cost sharing methodologies for the construction and operation of the Fairview Community Policing Center. Preamble: The Fairview Community Policing Center project originally started out as an effort to locate a police sub-station in the Fairview neighborhood. Community input in the process indicated a desire and benefit to having the Town of Hillsborough and Orange County cooperate by locating the Town's Community Policing Division at the facility, as well as making office space available so Orange County Departments (e.g., Health, Social Services, Aging, etc.) would have the flexibility to establish satellite/part-time hours at the same building. The Town of Hillsborough then coordinated design and planning for the proposed facility with Orange County and the Fairview Block Captains. The result is a cooperative venture between Orange County and the Town of Hillsborough that is summarized in this agreement. Term of Agreement: This Agreement shall expire on June 30th next following the date on which the Town of Hills borough makes the last debt payment of principle and interest on the indebtedness it will incur to finance the cost to construct the building and other improvements, if any, on the property to be provided by Orange County as contemplated by this Agreement. For example if the lnstallment- Purchase agreement used to finance the building is for a ten (10) year period and the final payment is made in March of 2010, then the Agreement expire on June 30, 2010. The Agreement and its provisions will automatically renew each year thereafter, until the Agreement in amended in writing by each party. In any event, the term of this Agreement shall be at least five (5) years so that the Agreement will expire no sooner than June 30, 2006. Town of Hillsborough Responsibilities: . Pay for 100% of the design costs of the FCPC (Fairview Community Policing Center). . Coordinate 100% of the construction administration associated with building the FCPC. . Coordinate, secure, and administer the debt financing necessary to pay for the FCPC. . Responsible for making the annual or semi-annual debt service payments for the building, then invoicing Orange County annually for their share of the debt payments according to the cost- sharing formula. . Responsible for all water/sewer impact fee costs and monthly charges associated with the FCPC. . Responsible for paying the electric, gas (if applicable), housekeeping, and general maintenance bills associated with operation of the FCPC, then invoicing Orange County annually for their share of these costs according to the cost-sharing formula. . Responsible for all telecommunications-related costs for the Community Policing offices (e.g., phones, phone bills, etc.). Note: The building will be wired for separate phone lines for the Town and County offices, so each entity can be billed separately. . The Town's cost-share for the annual debt-service payments is 64%. The Town will pay 64% of the annual debt-service payments until this original debt on the FCPS is retired. Note #1: This figure is based on a formula based on usage of space. Note #2: The Town and County Boards will each have to approve the overall construction bid award and length of debt-service financing (e.g., ten years, twelve years, etc.). . ':"':i -;" . . . .. 4.55 Page 2 Interlocal Agreement Fairview Community Policing Station . The Town's cost-share for the annual housekeeping, applicable utilities, and general maintenance of the building will be 70%. Note: This figure is greater than the debt-service payment figure due to the assumption that the Town will actually be a more intense user of the FCPC. Oran2e County Responsibilities: . Provide the land necessary to locate the FCPC in the Fairview Community Park. Orange County agrees to cooperate with the Town and execute such documents as are necessary for the Town to finance construction of the FCPC on the property, unless the County agrees to convey the land to the Town of Hills borough in fee simple. . Consider allowing a voluntary annexation of the property that the FCPC will be located, so the Hillsborough Police Department will have full law enforcement authority on the premises. . Responsible for all telecommunications-related costs for the Orange County offices (e.g., phones, phone bills, etc.). Note: The building will be wired for separate phone lines for the Town and County offices, so each entity can be billed separately. . The County's cost-share for the annual debt-service payments is 36%. The County will p~y 36% of the annual debt-service payments until this original debt on the FCPS is retired. Note #1: This figure is based on a formula based on usage of space. Note #2: The Town and County Boards will each have to approve the overall construction bid award and length of debt-service financing (e.g., ten years, twelve years, etc.). . . The County's cost-share for the annual housekeeping, applicable utilities, and general maintenance of the building will be 30%. Note: This figure is lower than the debt-service payment figure due . to the assumption that the Town will actually be a more intense user of the FCPC. Facility Mana2ement: The Captain of the Community Policing Division will act as the Facility Manager and will work with representatives from each County department using the FCPC to coordinate and address any issues related to the operations of the facility. Any issues or problems that cannot be worked out amongst the FCPC users can be directed to the Hillsborough Town Manager and Orange County Manager (or their designees) for mediation and [mal decisions. Major policy issues or changes in the Interlocal Agreement must be approved by the Hillsborough Board of Commissioners and the Orange County Board of Commissioners. Once the last debt service payment is made by the Town (and the County pays it's final portion of the last payment) on the FCPC, the Town and County will re-evaluate and amend (if necessary) the Interlocal Agreement for operating and cost-sharing procedures between the Town of Hillsborough and Orange County. Insurance and Indemnification: The Town of Hillsborough and Orange County shall each maintain liability insurance policies and fire and casualty insurance policies covering the premises. Each party shall bear their own costs of premium for the aforesaid insurance policies. "". , . . . Page 3 - Interlocal Agreement Fairview Community Policing Station .a ..4.56 Entire Understanding; Modification: This Agreement contains the entire understanding of the parties hereto with respect to the development and operation of the Fairview Community Policing Center, and any modifications to this Agreement shall be made in writing signed by the Parties. THIS AGREEMENT ENTERED INTO THIS MDAY OF /t.~ , 2000. ~ J{~... ~. Mayor, Town of llsborough' Chair, Orange County Board of Commissioners Attest: Clerk to the Orange County Board of Commissioners . . . ".r~. ~ 5 7 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS THAT THE HILLS BOROUGH ZONING ORDINANCE IS AMMENDED AS FOLLOWS: Section L Adding a new Section 2.15, as follows. Subsequent sections shall be re-numbered . appropariately. 2.15 Limited Office a) Intent The intent of the Limited Office District is to provide locations for low traffic generating office and service enterprises in areas where traffic congestion is a real concern. b) Application Criteria This district will usually be applied where the following ,conditions exist: 1) Located adjacent to property zoned High Intensity Commercial, Office Institutional, Residential; or Entranceway Special Use 2) Water and sewer lines exist at the site or are to be made available as part of the development process. Section 2. Renumbering the existing Section 3.4 as 3.4.1, addition Section 3.4.2, Permitted Uses in the Limited Office District and Section 3.4.3 as follows: Limited Office Office, clerical, research, and services Class I, wholly inside building */SUP Class II, wholly inside building */SUP Outside permitted Libraries. museums, art e:alleries & centers * Restaurants Accessory cafeteria within another use * All other SUP Veterinarian * Emereency Services * Utilities FaciUties Nei~hborhood * Funeral Home * Bus station/train station * Combination Uses * Class I office buildings have front (street) fa9ade(s) of 40% or more masonry material and roof forms of gable, hip, or flat. . Class II office buildings are any that do not meet the criteria of Class I. . . . -458 3.4.3 Use of designations *, SUP, MP in table of permissible uses for LO & ESU a) The "*,, designation means the use is permitted by right. If a use designated with "*,, wants to occupy an existing structure, a zoning compliance permit is needed. If a use designated with "*,, wants to build on a site, a site plan must be approved by the Board of Adjustment. b) The "SUP" designation means the use is a special use and requires a special use permit approved by the Town Board of Commissioners in accordance with Section 4." c) The "SUP/MP" designation means the use may choose approval as a master plan by the Town Board of Commissioners in accordance with the Master Plan requirements for the ESU district. d) The "*/SUP" designation means the use is permitted by right if it does not exceed 20,000 square feet of gross building or 2 acres of land area. Section 3. Add Section 3.5.2, Dimensional Requirements for Limited Office: Limited Office Minimum Lot Area lac Minimum Lot Width (in feet) 75 Minimum Side Yard Width (in feet) 20 Minimum Rear Yard Width (in feet) 20 Minimum Front Setback (in feet) 20 Maximum Imoervious surface (percent of ~oss lot) 50% Maximum Buildin2 Hei2ht (in feet) 60 Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. 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 9th day of October 2000. Ayes: 5 Noes: ~ Absent or Excused: if ~~ Donna F. Armbrister, Town Clerk . . . ---------.. " 459 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 7 properties with frontage on NC 86 from High Intensity Commercial and General Industrial to Limited Office. The parcels affected are shown on the attached map and further identified as Tax Map 4.40.A.8, 8R, 8V, 9D, 19,21; 4.45..4C. Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. 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 9th day of October 2000. Ayes: 6" Noes: .() Absent or Excused: ~ ~ Donna F. Armbrister, Town Clerk 'P~\"\-;-e:> k P<'- ltz-one.d .J.-o L.-vt, kd oft: Le. 460 .-'""'"'"' " '1 ! I j J 'y~. ~ kJ,' k:J~D~<l . . '. . ~ . 461 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLS BOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS THAT THE HILLSBOROUGH ZONING ORDINANCE IS AMMENDED AS FOLLOWS: Section 1. Adding a new Section 2.16, as follows. Subsequent sections shall be re-numbered appropriately. 2.16 Entranceway Special Use District a) There is hereby established an Entranceway Special Use (ESU) district. The purpose of this district is to provide for the development of well planned and fully integrated projects containing a diverse mixture of commercial, office, and employment uses along the primary entrances to the Town of Hillsborough. b) The ESU district shall be a special use district authorized under N.C.G.S. 160A-382. As such, property may be placed within this district only in response to a petition by the owner(s) of the property to be included. c) Property may be rezoned to the ESU district only when the property proposed for such rezonmg: 1) Is adjacent to and has frontage along a street classified as an arterial or higher that leads into the Hillsborough area; and 2) If so located in relationship to existing or proposed public streets that traffic generated by the development of the tract proposed for rezoning can be accommodated without endangering the public health, safety, or welfare; and 3) Will be served by Hillsborough water and sewer lines when developed. d) Nothing in this section is intended to limit the discretion of the board of commissioners to deny an application to rezone property to an ESU district if it determines that the proposed rezoning is not in the public interest. e) When an ESU rezoning application is submitted (in accordance with Section 20 of this ordinance). The applicant shall simultaneously submit either (i) a special use permit application for a specific use or combination of uses listed as Special Uses in the Table of permissible Uses for the ESU district in accordance with the Special Use Permit provisions in this ordinance, or (ii) an application for approval of a master plan for a planned or mixed use development of at least 20 acres in size. 1) The master plan shall show, through a combination of graphic means and text (including without limitation proposed conditions to be included in the special use permit for the proposed development): a. The location, types, and maximum floor areas and impervious surface areas for non-residential uses; b. The location and orientation of buildings, parking areas, recreational facilities, and open spaces; c. Access and circulation systems for vehicles, bicycles, and pedestrians; d. How the development plans to use design and architectural controls as well as screening and landscaping to ensure that the design flexibility provided in this district produces a high quality development. Colors shall be diverse and harmonious and a palette of colors shall be submitted for approval. One color should not dominate any palette and bright colors should be used as accents only; . . . 462 2) e. How the development proposes to minimize or mitigate any adverse impacts on neighboring properties and the environment, including without limitation impacts from traffic and stormwater runoff; and f. How the development proposes to satisfy the objectives of this district as set forth in Subsection (A). g. How the development proposes to minimize or mitigate any adverse impacts on neighboring properties and the environment, including without limitation impacts from traffic and stormwater runoff. h. How the development proposes to comply with Subsection (C). The planning board (and other advisory boards to which the board of commissioners may refer the application) shall review the proposed master plan or special use permit application at the same time it considers the applicant's rezoning request. In response to suggestions made by the planning board (or other advisory boards), the applicant may revise the master plan or special use permit application before it is submitted to the board of commissioners. If the applicant submits a proposed master plan (rather than a special use permit application) with the ESU rezoning application, then subject to section 7 below; a. The rezoning application and master plan proposal shall be reviewed concurrently by the board of commissioners according to the same procedures and in accordance with the same standards applicable to other zoning amendments; and b. The Board may not approve the ESU rezoning application unless it simultaneously approves the master plan for the development of the property, subject to such reasonable modifications and conditions as the Board may impose in the exercise of its legislative discretion. If the applicant submits a special use permit application (rather than a proposed master plan) with the ESU rezoning application, then: a. The rezoning application and special use permit application shall be reviewed concurrently by the board of commissioners according to the same procedures and in accordance with the same standards applicable to other special use permit applications; and b. The Board may not approve the ESU rezoning application unless it simultaneously approves the special use permit application for the development of the property, which special use permit may be approved subject to reasonable conditions and requirements as set forth in Section 4. If an ESU rezoning application is approved with a master plan (rather than a special use permit), approval of the master plan under this section does not obviate the need to obtain a special use permit for the individual "pods" or buildings shown on the master plan in accordance with the special use permit provisions Section 4 of this chapter. a. In addition to other grounds for denial of a special use permit application under this chapter, a special use permit may be denied on the basis that the application is inconsistent with the approved master plan. However, if the special use permit is approved, the board of commissioners shall be deemed to have amended the master plan to bring it into conformity with the special use permit. . . b. No special use permit for a site governed by a master plan may be denied for 3) 4) 5) . . . 463 6) reasons set forth in Section 4.2 (Findings of Fact for Special Use Permit) if the basis for such denial involves an element or effect of the development that has previously been specifically addressed and approved in the master plan approval process, unless (i) it can be demonstrated that the information presented to the board of commissioners at the master plan approval stage was materially false-or misleading, (ii) conditions have changed substantially in a manner that could not reasonably have been anticipated, or (ill) a basis for denial for reasons set forth in Section 4.2 (Findings of Fact for Special Use Permit) is demonstrated by clear and convincing evidence. Subject to Section E.5.a above, master plan approved under this section may only be amended in accordance with the provisions applicable to a rezoning of the property in question. Not withstanding the foregoing provisions, if the Board of Commissioners finds during its review of a request for approval of an ESU rezoning and master plan that sufficiently detailed information has been submitted, the Board may approve the master plan as a special use permit for individual site or the entire development. For purposes of this subsection, the phrase "sufficiently detailed information" means that type and degree of information which allows the Board to understand and approve all of the major discretionary design elements of the project, leaving mostly technical or engineering matters to be approved by the staff. If a master plan is approved as a special use permit in this way, the approval process shall follow the same procedures and standards applicable to other special use permit applications. Any lot that is subdivided out of a tract for which a master plan has been approved as a special use permit under this subsection may then be developed after a zoning compliance permit has been secured. When an ESU rezoning application is approved, and the tract that is subject of this rezoning is proposed to be subdivided, all provisions of the Hillsborough Subdivision Regulations shall be satisfied. a) The applicant may obtain approval of the subdivision simultaneously with the approval of the rezoning or at a later time. b) The subdivision shall be consistent with the terms of the master plan or special use permit (as applicable) that is approved along with the rezoning. c) If the master plan or special use permit that is approved along with the rezoning establishes density, floor area, impervious surface, or similar limitations on the tract that is rezoned or any portion thereof, the subdivision final plat that creates lots out of any portion of the tract so encumbered shall indicate on the face of the plat with respect to each lot such limitations or restrictions as are necessary to ensure compliance with the master plan or SUP. For example, if the master plan or SUP shows a ten acre portion of the tract approved for retail development with a maximum floor area of 100,000 square feet, then if that ten acre area is subdivided, each lot so created shall show on the face of the plat the maximum buildings area that can be constructed on that lot. 7) 8) . . . 464 Section 2. follows: Amend 3.4.2 to add the provisions for the Entranceway Special Use District as Entranceway Special Use Hotel/motel SUP Sales & rental of goods Wholly inside building SUP With outside display/storage of retail items SUP Office, clerical, research, and services Class I, wholly inside building SUP Class II, wholly inside building SUP Outside permitted SUP Medical facilities SUP Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling Wholly inside building SUP Libraries. museums. art I!alleries & centers SUP . Recreation, amusement, entertainment Activity within building SUP Primarily outside SUP Restaurants Accessory cafeteria within another use SUP All other SUP Motor vehicle related sales & service Sales and rental of motor vehicles SUP Parts sales with installation parts & accessories SUP Motor vehicle repair/maintenance w/out substantial SUP body work SUP Gas sales SUP Car wash Veterinarian SUP Emel1!ency Services SUP Post omce SUP Dry Cleaner/Laundry SUP Utilities Facilities Neighborhood SUP Commumty or regional SUP Open Air markets Open-air markets SUP Horticultural sales with outdoor display SUP Funeral Home SUP, Bus station/train station SUP Combination Uses SUP Planned/mixed use development SUPIMP . . . 465 Section 3. as follows: Amend Section 3.5.2 to add the provisions for the Entranceway Special Use District Entranceway Sp. Use Minimum Lot Area 2 ac Minimum Lot Width (in feet) 100 Minimum Side Yard Width (in feet) 20 Minimum Rear Yard Width (in feet) 20 Minimum Front Setback (in feet) 50 Maximum Impervious surface (percent of gross lot) 50% Maximum Building Height (in feet) 60 Section 4. Add Sections 4.38 - 4.48 as follows: 4.38 Special Use Permit Intent Special Uses (SU) because of their inherent nature, extent of development, or external effects, require special care in the control of their location, design and methods of operation, in order to insure protection of the public health, safety and welfare. It is the intent of this Section to set forth the additional information required for submittal and consideration of SU and to state the standards by which each application shall be judged. Special Use Permits are submitted simultaneously with a rezoning request to a Special Use District. Hearings on both matters are held concurrently. The Board of Commissioners must act on the rezoning request before it acts on the permit request. If the rezoning request is denied, the permit request is moot. 4.39 General Standards and Findings of Fact 4.39.1 Subject to 4.39.2, the Board of Commissioners shall issue the requested permit unless it concludes, based upon the information submitted at the hearing that: a) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or b) The application is incomplete, or c) If complete as proposed in the application the development will not comply with one or more requirements of this chapter (not including those the applicant is not required to comply with under the circumstances specified in Non-Conformities) 4.39.2 Even if the permit-issuing boards finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably that not: a) b) c) d) Will materially endanger the public health or safety, or Will substantially injure the value of adjoining or abutting property, or Will not be in harmony with the area in which it is to be located, or Will not be in general conformity with the land-use plan, thoroughfllfe plan, or other plan officially adopted by the council. . . . 466 4.40 Burden of Presenting Evidence a) The burden of presenting a complete application to the permit-issuing board shall be upon the applicant. However, unless the board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application, the application shall be presumed to be complete. b) Once a completed application has been submitted,. the burden of presenting evidence to the permit-issuing board sufficient to leas it to conclude that the application should be denied for any reasons stated in 4.2.1 shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonabl~ conclusion that a reason exists to so deny the application. c) The burden of persuasion on the issue of whether the development. if completed as proposed, will comply with the requirements of this chapter remairs at all times on the applicant. The burden of persuasion on the issue of whethel: the application should be turned down for any other reasons set for in 4.2.2 rests on the party or parties urging the requested permit should be denied. 4.41 Procedures for Approval of Special Use Permits 4.41.1 Pre-application conference Applicants are encouraged to meet with planning staff before filing a SUP application to go over specific permit and application requirements. 4.41.2 Application Submittal Requirements Applications for SUP shall be filed with the Planning Department. The Planning Director shall prescribe the formes) on which applications are made, as well as any other material that may reasonably be required to make the determinations called for in the particular case, with 20 copies. The staff .shall accept no application unless it complies with such requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application. 4.41.3 Staff analysis On acceptance of a complete application, the staff shall analyze the application in conjunction with qualified representatives of the Town and such other agencies or officials as appear appropriate in the circumstances of the case, to determine conformity wjlth the Land Use Plan, the provisions of this Ordinance, and other regulations applicable in th<: case. 4.41.4 Analysis shared with applicant; Opportunity for Application Amendments The staff's analysis shall be shared with the applicant along with a written list of any deficiencies found in the proposed development. Such notification shall also state the willingness of the staff to confer for the purpose of assisting the applicant in bringing the proposed development into conformity. If the applicant joins in such conferences, change may be made in the original application, further conferences may be held, and additional material may be requested to guide determinations. In the course of such preliminary conferences, any recommendations for changes shall be recorded in writing along with the reasons therefore. Such recommendations shall become part of the rel;ord in the case. Applicants shall indicate, in writing, their agreement or disagreement with such . . . 467 recommendations, and the reasons thereof. Such responses by applicar.ts shall also be included in the record in the case. 4.41.5 Notice of Public Hearing Requiredfor all Special Use Permits Notice of the public hearing shall be given once a week for two (2) consecutive calendar weeks in a newspaper of general circulation in Orange County. The notice shall be published the first time not less than ten (10) days no more that twenty-five (25) day:; before the date fixed for the hearing. In computing such period, the day of publication u; not to be such period, the day of publication is not to be included but the day of the hearing shall be included. Written notice shall be sent to all adjacent property owners not less than ten (10) days before the hearing date. Adjacent property owners are those whose property lies within five hundred (500) feet of the affected property and whose names and addres:;es are currently listed in the Orange County tax records. 4.41.6 Public Hearing After notice in accordance with Section 4.4.5 is given the Board of CommiSsioners and the Planning Board shall hold a joint public hearing on the application at the next quarterly joint hearing. The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of reasonable and equitable limitations on the presentation of evidence and arguments and the cross- examination of witnesses so that the application may be heard without ulldue delay. All persons who intend to present evidence at the public hearing shall be sworn. When the applicant presents evidence that the proposed development will conform to all specific provisions applicable to that SU, persons opposed to the granting or members of the Board shall have the burden of presenting evidence contrary to the applic.mt's evidence or evidence that the proposed development will violate any of the general standards set forth in Section 4.3. If no such evidence is submitted, the applicant shall be granted t~e permit. If evidence is submitted, the applicant shall have the burden of overcoming that evidence with further evidence of hislher own. A record of the proceedings of the hearing shall be made and shall incluo!e all application materials and documentary evidence presented at the hearing. 4.41.7 Planning Board Action The Planning Board shall consider the Special Use Permit at their next regular meeting following the public hearing and shall prepare a recommendation for the cOfJ:sideration of the Board of Commissioners. 4.41.8 Board of Commissioners Action The Board of Commissioners shall review the record of the public hearilg, the Planning Board's recommendation, and the Planning staffs report and shall take action on the application based on findings of fact as to the determinations required in See tion 4.2, and the applicable subsection for the specific SUo All findings shall be based on competent evidence presented at the public hearings. .. . . 468 4.41.9 Imposed Conditions The Board of Commissioners may impose such reasonable conditions upcn approval of a SUP as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided. Any conditions based on time must be consistent with the provisions in Section 23 on vested rights. Such conditions shall run with the land and use and shall be binding on the original applicant(s) as well as all successors, assigns, and heirs. If the Board of Commissioners denies the permit, the reasons for its action ~ihall be recorded in the minutes of the meeting. 4.41.10 Notice of Decision and Issuance of Conditional Use Permit The staff shall cause notice of the disposition of the application to be delivered by certified mail to the applicant and any aggrieved party who has filed a written reques t for a copy with the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the Planning Department. In the case of approval or approval with conditions, the staff shall issue the necessary SUP in accordance with the action of the Board of Commissioners and the applicant shall record it in the office of the Orange County Register of Deeds within ten (10) days of receipt. 4.41.11 Establishment of Vested Right A vested right pursuant to Section 23 is established by the issuance of a special use permit pursuant to this section. 4.42 Effect of Denial or Withdrawal on Subsequent Applications When the Board of Commissioners shall have denied an application or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice required in Subsection 4.4.6, the Planning staff shall not accept another application for the same or similar SU, affecting the same property or a portion thereof, until the expiration of one year from the date of denial or withdrawal. 4.43 Appeal of Decision An aggrieved party may appeal a decision by the Board of Commissioners <m an application for a SUP only to the Superior Court. Such appeal shall be in the nature of certiorari and must be filed within thirty (30) days of filing of the decision in the Planning Office or the delivery of the notice required in Subsection 4.4.10, whichever is later. 4.44 Minor Changes and Modifications to Approved Special Use Permits After issuance of a SUP, and in accord with subsection 4.7.1, the Planning ~taffis authorized to approve minor changes in the approved plans of Special Uses, as lorig as they are in harmony with action of the Board of Commissioners, but shall not have the power to approve changes that constitute a modification of the approval. A modification shall require approval of the Board of Commissioners. . . . '~69' 4.44.1 Modifications defined The following items are all modifications to a permit. For the purposes of this section, the term "substantial" shall apply to changes of 5%(or more) for projects with H building square footage of 100,000 or more and changes of 10% (or more) for projects with a building square footage of less than 100,000. a) Any change in a condition imposed during the approval of a SUP b) Any change in use or combination of uses c) Any substantial change in size or intensity of use an authorized use. Increases in the number of dwelling or lodging units are examples of an increase in intensity of use. d) Structural alterations that substantially affect the basic siZ<~, form, style, ornamentation, and/or character of the building shown on the appwved site plan or described in the applicant's narrative. e) Substantial change in the amount and/or location of open space, recreation facilities or landscape screening. f) Any increase in the size or number of approved signs. g) Any change in parking areas resulting in an increase or reduction of ten (10) percent or more in number of spaces. Reductions caused by shared parking among uses are not considered modifications. h) Substantial changes in pedestrian and/or vehicular access or circulation. i) Any change in a setback required by the provision of this Ordinance or imposed as a condition of approval. j) Any change in the location or extent of street and utility improvements or rights-of- way, including water, sewer, and storm drainage facilities, which would provide a different level of service. k) Any combination of minor changes that in the determination of the planning staff are, taken together, substantial in nature. 4.44.2 Review of Record Required The Planning staff shall, before making a determination as to whether a pro:posed action is a minor change or modification, review the record of the proceedings on the original application for approval of the SUo The determination shall be based upon the request of the applicant, the review of the approval records of the original request and the Planning staff's findings under the criteria of Section 4.7.1. 4.44.3 Action Required on Proposed Minor Changes or Modifications The Planning staff shall, if it is determined that the proposed action is a minor change, state the findings in writing to the applicant. The applicant shall file with the Planning staff an amended site plan, or written statement, outlining in detail the minor change(s) proposed. The Planning staff shall file the amended site plan or written statement with the originally approved site plan. If it is determined that the proposed action is a modification, the Planning staff shall require the applicant to submit a request for modification of the approved SUP. The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. The Planning staff shall submit the request to the Board of Commissioners. If the Board finds the modification substantial in its impact, or wishes to have additiomJ public input, it may set a public hearing to receive testimony concerning the modification request. Any public hearing called pursuant to a request for a modification of an approved SUP shall be . . . 470 held in conformity with the requirements of Section 4.3.5 - 4.3.6. The Board may approve, approve with conditions or disapprove the application for a modification. The Planning staff shall file the Board's action as an amendment to the original application. 4.45 Expiration of Special Use Permit . An approved Special Use Permit expires 24 months from the date of approval if the project approved has not begun construction or received an extension by the Board of Commissioners. Extensions may be in the form or a longer expiration time approved with the initial SUP, or a separate request made in writing before the expiration of the standard 24 months. For the purposes of this section "begun construction" shall mean that the walls of any building to be built for the project are UI.1der construction. 4.46 Revocation of Special Use Permit The Board of Commissioners may revoke a SUP after a finding of the existence of anyone of the following conditions: a) That the physical construction or activity authorized by a SUP has not commenced within the time limit set in Section 4.8. b) That the governmental licensees or permits required for the activity authorized by a SUP have not been obtained or have subsequently'been terminated; o:~ c) That any of the applicable requirements of this Section or any conditions attached to the SUP or modification of SUP have been violated. The Board of Commissioners may consider reapplication for a SUP on property on which a previous permit has been revoked provided that all of the standards which are set forth in this Ordinance are met. 4.47 General Requirements The following additional information is required for all Special Use Applil:ations. Twenty (20) copies of a complete application prepared by the appropriate combination of the following professionals: land surveyor, engineer, landscape architect, archi1:ect, or attorney, which' shall contain the following items. Staff may determine that some requirements are not applicable to all applications. a) Scaled site-specific development plan indicating the locations of all buildings, parking lots, landscaping, display, storage, and service areas, dumpsters, air handling units, signage, and other permanent fixtures. b) Survey of property boundaries c) Legal documents indicating unified control over site d) List of anticipated uses for each building (from permitted use table), expected number of employees, hours of operation, and build-out schedule for each. e) Architectural elevations of all proposed structures an~ signs including materials and colors f) Transportation plan including internal traffic flow, impacts at external connections and impacts on & improvements to existing facilities g) Utilities plan (location, size, existence, and off-site improvements) h) Stormwater management plan i) Landscaping plan, including perimeter and/or interior buffers . . . t' 471 j) k) I) m) n) 0) Exterior lighting plan (fixture type, intensity, and intensity at property line) Land suitability analysis including topography, soil types, hydrology, vegetated areas Environmental protection plan indicating how items in (k) are protectl~d Locations and widths of all easements and rights-of-way within or adjacent to the site. Names and addresses of owners and applicants. A fee, as set by the Board of Commissioners. 4.48 Performance standards This section establishes criteria pertaining to appearance in the design of a site, buildings and structures, landscaping, signs, and other miscellaneous features that are Jbserved by the public. Aesthetic criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which result in creative solutions that will promote visual appearance within the city and county, preserve taxable valt:es, and promote the public health, safety and welfare. 4.48.2 Standards generally a) Harmonious and efficient organization. The site plan shall be organi2:ed harmoniously and efficiently in relation to existing topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. The site will be developed to facilitate orderly development of surrounding property :md with minimal disturbance to the natural environment. b) Preservation of natural state. Desirable vegetation or other unique natural features shall be preserved in their natural state when practical. The Environmental Protection Plan shall include the locations of all existing trees 12" diameter four feet above the ground. c) Enhancement of residential privacy. The site plan shall provide r'~asonable visual, lighting, and sound privacy for all adjacent dwelling units. d) Emergency access. Structures and other site features shall be ananged to permit practical emergency vehicle access to all sides of buildings. e) Access to public ways. Every structure and dwelling unit shall have Hccess to a public street, walkway or other area dedicated to common use. f) Non-motorized circulation. A non-motorized circulation system shall be provided which is direct, efficient, and pleasant. The system shall be complementary to, but independent of the vehicular circulation system. g) Design of access and egress drives. The location, size, and numbers of ingress and egress drives to a site will be strictly limited to mimmize the negative impacts on public streets and on adjacent property. This shall include formal entryways and access to outparcels from inside the development only. h) Coordination with off-site circulation systems. The arrangement of rights-of-way or easements for circulation shall coordinate with the pattern of existing and plarmed streets, pedestrian and/or bicycle pathways and transit routes in the area. Connection to adjacent properties is encouraged where possible. i) Stormwater control. Protective measures shall ensure that removal of stormwater runoff will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for construction of wastewater filcilities including grading, gutters, and piping to direct stormwater and prevent erosicill. Surface water 412 . on all paved areas shall be collected at intervals that do not obstruct vehicular or pedestrian traffic. j) Exterior lighting. Location, type, size and direction of exterior lighting shall not glare or direct illumination that interferes with adjacent properties or safety of public rights- of-way. k) Protection of property values. Elements of a site plan shall be arranged to have minimum negative impact on values of adjoining property and other on-site uses. 4.48.3 Specific standards Unless otherwise indicated here, the relevant standards for the Office Ins':itutional district shall apply. Where actions, designs, or solutions proposed by the applicant are not literally in accord with the applicable regulations of this ordinance, but the Board 0:: Commissioners makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Board may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the appwved permit. a) Relationship of buildings to site. 1. The site shall be plarmed to provide for adequate planting, safe pedestrian movement, and parking areas. 2. Parking areas shall be treated with decorative element:;, building wall extensions, plantings, berms, or other innovative means )Q as to screen parking areas from view from public ways and reduce heat geaerated by paved areas. 3. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. 4. All utility services shall be underground. b) Relationship of buildings and site to adjoining areas. 1. Attractive landscape transition to adjoining properties shall be provided. 2. Lighting intensity at the property line adjacent to residential uses shall not be greater than Y2 footcandle. c) Building design. 1. Architectural style is not restricted. Evaluation of the appeal'ance of a project shall be based on its relationship to the surroundings. Primary and pedestrian facades are encouraged to complement and reflect the characteristics of downtown Hillsborough. 2. Specific building materials are not endorsed. Evaluation of the appearance of a project shall be based on the relationship to surroundings. i. Materials and design shall be compatible with each other in multiple building projects. 11. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Utilitarian materials shall be limited to inconspicuous facades and non-public or serVice areas. Materials with unique or special character are encouraged. . 3. Buildings and building components, such as walls, windows, doors, eaves, and parapets, shall have human proportions and relationships to one another. 4. Mechanical equipment or other utility hardware on the roof, ground, or buildings shall be screened from public view with materials harmonious with . . . . e) . 473 d) the building, or they shall be so located as not to be visible from any public ways. This provision does not apply to the installation of electric vehicle charging stations. 5. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. 6. Recycling and waste removal areas, service yards, storage yards, and exterior work areas shall be located away from and screened from ,iew from public ways, using materials as stated in criteria for equipment screening. Areas shall be sized to accommodate changes in technology and local refuse ordinances. 7. Variation of detail, form, material, and siting may be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance. Landscaping and site treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utility structures. New and existing vegetation shall be maintained in a flourishing marmer. 1. Natural or existing topographic patterns contributing to the beauty and utility of a development shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance and. does not adversely affect significant natural features and drainageways. 2. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance. 3. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important visual corridors, and provide :;hade. 4. Umty of design shall be achieved by repetition of certain plan varieties and other materials and by correlation with adjacent development~. 5. Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design, and of good appearance can be allowed. 6. Appropriate curbs, tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. 7. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. 8. Service yards and other unsightly places shall be screened by use of walls, fencing and/or planting. Signs 1. Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use Permit. Every sign shall be designed as an integral architectural element of the building and the site to which it principally relates. The colors, materials and lighting of every sign shall be hannonious with the building and site to which it principally relates. 2. 3. . . . '474 4. The number of graphic elements on a sign shall be held to the mirJrnum needed to convey the sign's major message and shall be composed in propo,rtion to the total area of the sign face. 5. Freestanding signs shall not exceed 7 feet in height and shall not be pole-mounted. f) Maintenance, planning and design factors. 1. Materials and finishes shall be selected for their durability anCl wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. 2. Provisions for cleaning buildings and structures and control (If dirt and refuse shall be included in the design. Configurations that tend to al;cumulate debris and dirt shall be avoided. g) Transportation Network Capacity 4.48.4 Specific Standards by use a) Sales & rental of goods - With outside display/storage of retail items 1) Outside storage and display of retail items shall be clearly delineated on the site plan. 2) Outside display and storage of retail may be located in a feIlced or screened area. 3) Fenced areas must be enclosed on four sides by fencing or tuildings, may be open to the sky, and the fence material must be as tall as the materials enclosed. 4) Outside displays may not encroach on pedestrian ways, fire lanes, required parking spaces, travel lanes, or landscaped areas. b) Office, clerical, research, and service - Outside permitted 1) Financial institution drive-up services shall be limited to 3 alleys per building. 2) Sites will not have direct driveway connections to streets clas:;ified as arterial. 3) Drive-up windows shall not be located on the primary or pedestrian oriented fa~ades. 4) Stacking space for drive-up areas shall be sufficient to not inhibit traffic flow on the site. c) Medical Facilities 1) Entrances used for ambulances and biomedical waste vehicles shall not be on the primary or pedestrian oriented fa~ades. d) Manufacturing, processing, creating, repairing, renovating, pa'iIlting, cleaning, assembling 1) Applicants shall provide expected traffic mix percentages for employees, delivery and service vehicles, and patrons. 2) Parking and accommodation areas for each type shall be appropriately sized and located. e) Recreation, amusement, and entertainment 1) Uses shall indicate their maximum building capacity and their expected peak usage times 2) Shared parking with adjacent uses that have different usage peaks is encouraged. 3) The location of these uses should reflect consideration (If their potential impact on adjacent uses. . . j) . k) 475 t) Restaurant 1) Outdoor eating aJ\eas shall be screened, landscaped, or otherwise located to provide a pleasant~xperience to the patrons. 2) Outdoor play or recreation areas shall be located on the pedes trian fa~ade. 3) Sites will not have direct driveway connections to streets classified as arterial. 4) Changeable message signs will not be permitted. 5) Drive-up windov.s menu boards shall not be located on the primary or pedestrian oriented fa~ades. 6) The location 'of restaurants on a site or within a development may be limited by the close proximity of similar uses. 7) Stacking space hr drive-up areas shall be sufficient to not inhibit traffic flow on the site. 8) Freestanding reS::lurants in the Limited Office District shall not be allowed drive-up window~',. 9) Freestanding restc.-urants in the Limited Office District shall te loc~ted within 1000 feet of and accessible to pedestrians from 20,000 squar<: feet of existing office space. Sales and rental of motor vehicles 1) Outside display of vehic Jes between the primary facade a:ild the street is limited to an area not greater than 5% of the gross building square footage or 20 vehicles, whichever is less. 2) Outside displays shall not be in standard paved parking spaces, but in more creative arrangements. Vehicles in standard parking spaces shall not be available for sale, lease, or rent. 3) Parts sales with installation of motor vehicle parts & accessorit~s 4) Service bay doors shall not be locatto on the primary or pedestrian oriented fa~ades. 5) No outside display or storage of retail goods unless approved as a combination use. Motor vehicle repair & maintenance without substantial body work 1) Vehicles awaiting repair will be screened from the remaining site. 2) Service bay doors shall not be located on tht" primary or pedestrian oriented fa~ades. 3) No outside display or storage of retail goods unless approved as a combination use. Gas Sales 1) A maximum of eight vehicles may be served at one time. 2) Sites will not have direct driveway connections to streets classified as arterial or collector. . 3) Changeable message signs will be permitted to display the price of fuel only and will not exceed 50% of the sign area for the use. Veterinarian 1) Veterinarian and animal hospital uses do not include the overnight boarding of healthyammals. 2) Other pet related services might be permitted as accessory use:;. Combination Use g) h) i) . . . Section 5. 9.5.2 Section 6. Section 7. Section 8. 476 1) When a combination of two or more uses is proposed and the standards are different, the more stringent standard shall be applied. Designate the existing paragraph under the Section 9.5 heading as Section 9.5.1. Add Section 9.5.2 as follows: Extension or Enlargement of Nonconforming Situations in Limited ()jli.ce District a) A non-conforming use that operates within an enclosed building in the Limited Office District may expand by enlarging the buildings within which the use is conducted or by adding or enlarging an existing outdoor d~play area within 24 months of the effective date of this section, so long as: 1) The area of the enlargement of the non-conforming use does not exceed twenty-five percent (25%) of the gross floor c:1"ea occupied on the effective date of this section by the non-conforming use; and 2) The volume of vehicular traffic associated with the enlargement of the non-conforming use will not exceed twenty-five perc<mt (25%) of the existing (before enlargement) vehicular traffic. b) Any proposed enlargement of a non-conforming use within the Limited Office District which meets the criteria set forth in subparagraph (a) above may be approved by the Planning Staff. If, however, the propo:;ed enlargement exceeds the standards set forth in subparagraph (a) above, or the Planning Staff concludes that the proposed enlargement would have detrimental impacts on adjoining or abutting properties, then the enlargement may only occur upon the approval of a site plan by the Board of Adjustment or a Special Use Permit by the Board of Commissioners. The review fee for a Rezoning to Entranceway Special Use and Special Use Permit or rezoning and master plan review shall be set at $200, the same as a regular rezoning. Modifications to Special Use permits or Master Plans shall carry a $50 fee, the same as modifications to Site Plans. 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 9th day of October 2000. Ayes: 5' Noes: e Absent or Excused:e 4i~~~~ Donna F. Armbrister, Town Clerk