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HomeMy Public PortalAbout03-08-2004 Regular Session . . . 71 Town of HM,[- gh MINUTES BILLSBOROUGH TOWN BOARD March 8, 2004 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on March 8, 2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Mike Gering, Frances Dancy, Evelyn Lloyd, Eric Hallman, and Brian Lowen. Staff present were Town Manager Eric Peterson, Planning Director Margaret Hauth, Interim Assistant Finance Director Greg Siler, Police Chief Nathaniel Eubanks, Assistant Town Manager/Public Works Director Demetric Potts, Town Engineer Kenny Keel, Town Attorney Bob Hornik, Management Intern Kent Wyatt and Fire Marshal/Code Enforcement Officer Todd Chavious. Mayor Joe Phelps called the meeting to order at 7:33 PM. 1. PUBLIC CHARGE Mayor Phelps did not read, but indicated that it would be followed. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL The Board decided to proceed with the printed agenda. 4. APPROVAL OF THE MINUTES OF THE SEPTEMBER 29, 2003 JOINT PUBLIC HEARING; JANUARY 31, 2004 BUDGETARY PLANNING RETREAT; THE FEBRURA Y 9, 2004 REGULAR BOARD MEETING; THE FEBRUARY 9, 2004 CLOSED SESSION; AND THE FEBRUARY 23, 2004 MONTHLY WORKSHOP Commissioner Hallman noted that the minutes of February 9, 2004 Board Meeting on page 4, 4th paragraph the word "specific" needed to be changed "specifically" and the 6th paragraph the name "Hall" needed to be changed to "Hallman". Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the September 29,2003 Joint Public Hearing; the January 31, 2004 Budgetary Planning Retreat; the February 9, 2004 Regular Board Meeting; the February 9, 2004 Closed Session; and the February 23,2004 Monthly with the aforementioned amendments by a vote of 5-0. The motion was declared passed. . . lJ.. 72 5. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board of the State of the Local Economy Breakfast on Tuesday, March 9th. Manager Peterson outlined the upcoming budget process. He stated department's are working on budget requests and the Board should have a draft of the budget by May 1st. 6. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel updated the Board that the NCDWQ denied the Town's request for remission of the civil penalty assessed for the sewer spills that occurred during the December 2002 Ice Storm. Engineer Keel stated the Water Treatment Plant upgrade is expected to be completed by May 6th. Engineer Keel updated the Board on the negotiations with the Orange County Commissioners regarding water restrictions. He is waiting to hear from them before recommending further action. Engineer Keel updated the Board on the change in water disinfection method to chloramination. Mayor Phelps inquired about the changeover date and ways citizens will be notified. He stated the changeover is scheduled for April I, 2004 and citizens will be notified by direct notification, water bills and newspaper advertisements. 7. APPOINTMENTS A.Appointment of Representative to serve on the new Orange County Library Services Task Force Commissioner Lowen requested to know the meeting time and date. Town Manager Peterson stated staff will contact the County to find out more information. Commissioner Gering updated the Board that the Schools & Land Use Council has satisfied its mission and will not hold additional meetings. Mayor Phelps acknowledged the Water/Sewer Advisory Board's efforts and stated the Advisory Board is proceeding with recommendations on water restrictions to be completed before the summer. 8. RESOLUTIONSIPROCLAMATIONS A. Approval of a Proclamation declaring March 2003 to be American Red Cross Month Commissioner Dancy requested the word "is" be changed to "during" in paragraph I and "helps" . be changed to "helped" in paragraph 2 of the proclamation. 2 . . . J3 By consensus, the Board approved the American Red Cross Month Proclamation with the aforementioned changes. A copy of the Proclamation is hereby made a part of these official Minutes as an Attachment. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Consideration of Interlocal Agreement with the Orange Rural Fire Department to allow the location of an antenna and building at the Cornwallis Hills' Water Storage Tank B. Request from Becketts' Ridge Homeowners Association to consider installation of Speed Bumps - Consider directing staff to research traffic calming policies from other municipalities and report back to the Town Board C. State Solid Waste Management Plan Three- Year Update Town Manager Peterson stated Cornwallis Hills' property owners are agreeable to the proposed agreement with the Orange Rural Fire Department as along as a taller tower is not included. Mayor Phelps requested Town staff examine the Becketts' Ridge issue. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve Consent Agenda Items 9.A - 9.C as presented by a vote of 5-0. The motion was declared passed. A copy of the Interlocal Agreement with the Orange Rural Fire Department is hereby made a part of these official Minutes as an Attachment. 10. ITEMS FOR DECISION - REGULAR AGENDA A.Receive Update on Lakeshore Outfall Project Commissioner Gering discussed his concern about the Sear Brown response to the Town. He is worried the response does not address the NCWRC best practices that lessen the impact on residents such as Wendy Olson. Commissioner Gering inquired about point 2 in the letter regarding buffers. Engineer Keel stated buffer measurements will not be an issue. Commissioner Gering stated his concern about point 7 - leaving existing trees in place at the edge of the easement. Engineer Keel assured the Board that Sear Brown and the Town will attempt to preserve as many trees as possible. Commissioner Gering inquired about point 8 - using environmentally friendly seed (not fescue). He worried about native grass germination taking longer and stressed the importance of erosion control. Engineer Keel assured the Board that the project will do whatever is necessary to meet these concerns. Commissioner Gering requested distributing copies of the plan to neighbors. Engineer Keel stated property owners would be notified. 3 . . . 11~ #'4 Commissioner Hallman inquired about point 4 - using aerial crossings, or bore under the stream instead of open cutting at stream crossings. He stated property owners are concerned about the stream. Engineer Keel noted the exact lengths and specifications for boring will be noted. B. Discuss and provide comments on Draft 2006-2012 Regional Transportation Priority List Planning Director Margaret Hauth stated the list shows how the Hillsborough projects compare with others. She stated there will be an opportunity for public hearing and the final draft will be forwarded to the Department of Transportation. Mayor Phelps inquired about new projects on the list. Hauth stated it is hard for new projects to score well and the criteria are an attempt to compare very different projects. Mayor Phelps discussed opportunities to pursue funding for the South Churton Street project. Hauth stated the DOT discussions will determine potential funding. Mayor Phelps inquired about adjusting the coordination of traffic signals. Hauth stated she was unfamiliar with traffic signals being coordinated by cameras but has the contact information to find out more details. Commissioner Lowen inquired about improvements to Highway 70. Hauth stated the improvements have begun with the addition of turning lanes. She stated plans will be acquired from DOT to provide citizens with the necessary information. Mayor Phelps said he received information about increasing railroad speed limits. He requested additional information to pass along to citizens. C. Consideration of Ordinance to amend Section 23 of the Zoning Ordinance to include phased development plans as conferring vested rights Planning Director Margaret Hauth stated the amendment was discussed in February and the Planning Board recommended adoption. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to amend Section 23 of the Zoning Ordinance to include phased development plans as conferring vested rights by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. D. Consideration of Resolution requesting the Orange County Commissioners to appoint Rachel Hawkins to an out-of-town vacancy on the Planning Board with a term to expire April 30, 2007 Planning Director Margaret Hauth stated Rachel Hawkins applied last year and still is interested. Hauth stated the Town has not received any new applications and the Planning Board endorses Rachel Hawkins. 4 . . . \J, 75 Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to recommend appointment of Rachel Hawkins to an out-of-town vacancy on the Planning Board with a term to expire April 30, 2007 by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these official Minutes. E. Consideration of Water & Sewer Extension Agreement for Waterstone development Mayor Phelps suggested the next four Items be discussed in detail before voting and the Board agreed. Town Attorney Bob Hornik stated the Town staff met with Waterstone about agreements and revisions to the Master Plan. Commissioner Hallman inquired about Phase I and the possibility the development does not go as planned. Attorney Hornik stated four phases must be completed to proceed. Commissioner Gering requested further explanation about page 4, paragraph 2, "The location and extent of any and all easements". Attorney Hornik stated the phrase gave discretion to the developer and required developer to pay extra expenses. Mayor Phelps inquired about the possibility of the community college not being located in Waterstone. Attorney Hornik stated conditions should exist to make language coincide with conditions for no community college. Commissioner Gering suggested eliminating the phrase "for a community college campus". Mayor Phelps inquired about the strategy for acquiring easements. Town Manager Peterson stated Town staff would develop a strategy for acquiring the necessary easements. Attorney Hornik stated documents notifying property owners were drafted a few years ago and eminent domain can be used to acquire easements. Planning Director Margaret Hauth stated recreational needs are based on assumptions and previous Board discussions. She stated previous developers have met recreational needs through on-site facilities. Town Attorney Hornik discussed three issues: tot lots; ensuring developer is spending appropriate funds on ParcelS; and the timing issue of Parcel 22. He proposed two conditions to meet these issues. Town Attorney Hornik stated in the proposed condition that the developer must spend at least $325,000 on a park. Mayor Phelps stated a concern about future developers not meeting the Town's definition of a park. Jack Smyre, a Waterstone representative, stated his approval for the proposed condition. Smyre stated the special use permit process will allow the Town and developer to agree upon a quality park. Town Attorney Hornik discussed a proposed condition for Parcel 22. He stated the condition would not allow commercial development to come too soon. Mayor Phelps stated "big box" commercial development was a concern for the Board. 5 . . . 76 Mayor Phelps stated a desire to not preclude uses of the parcel. Attorney Hornik stated the developer can ask for revisions to master plan. Bill Brian, a Waterstone attorney, questioned the legality of the proposed condition. Brian stated Waterstone will need time to develop infrastructure for 2 or 3 years but this condition might harm the marketing and developing of the parcel. Smyre stated the financial model indicates retail in 2008 but time frame might change depending on circumstances. He believed the condition was an artificial constraint and denies tax revenue to the Town. He stated it most likely will take 2 1/2 years to bring special use permit. Commissioner Dancy stated concern based on previous comments from Waterstone developers at public hearing. Smyre stated the model indicated 2008 but the model is not an implementation plan. Mayor Phelps stated a concern for too many big box retailers. Town Attorney Hornik stated the proposed condition was legal in the abstract. He believed the Board would need to clearly state reasons if they decided to impose restriction without agreement from developer. He stated a reason to impose must be supported by evidence of the record. Commissioner Gering stated opposition to the proposed condition. He stated the condition was not in the best interest of Hillsborough and the market should dictate whether the Town can support big box retail. Commissioner Hallman stated a concern about existing retail. He stated a desire for the Town to participate in decisions on Parcel 22. Commissioner Lloyd stated a concern for the legality of proposed condition. Commissioner Dancy stated free enterprise should decide the development of Parcel 22. Commissioner Lowen stated concerns, especially legal issues that the Town does not need. Attorney Hornik stated the Town can place limitations on the development in other ways. Planning Director Margaret Hauth discussed five items important to the Planning Board. Hauth stated questions about the flow of traffic around Cates Creek Parkway. Commissioner Lowen stated citizens of Beckett's Ridge have valid concerns about construction traffic. Smyre offered a condition to allow the Town Board to decide when to open the road to traffic. Mayor Phelps stated agreement with the applicants' proposal to limit traffic. Planning Director Margaret Hauth discussed condition 14 - Trading Path. She stated field surveys and videotape recording can be used to determine the location of road beds and any parcel impact would describe how if they would preserve road beds. Commissioner Gering stated his concern and requested adequate surveys. Attorney Hornik stated if road beds exist, then preservation can be discussed. Planning Director discussed Condition 10 - Tot lots. She stated tot lots were not mentioned. Attorney Hornik suggested a tot lot compromise based on market demand. He stated the Town may force the developer to address tot lots without requiring them. Commissioner Gering stated tot lot function is not fulfilled by community park. Commissioner Lloyd stated a desire for 6 . . . vv 77 parents to be able to see children playing from their house. Commissioner Lowen stated a lack of statistical evidence exists showing tot lots are needed. He stated home owners will have backyards, community park and sidewalks to use. Smyre stated agreement with an extra level of examination for tot lots. He agreed with the Board's desire to create the most useful park for the Town. Attorney Hornik suggested adding to Condition 10, last sentence to state "and if required by Town up to two lots incorporated into Master Plan". Planning Director Hauth stated Planning Board concern for multi-family density being 12 units per acre as opposed to 9 units per acre. The members agreed that the proposed density was acceptable. Commissioner Hallman inquired about building heights. Hauth stated some property on Old 86 is restricted for visibility and fire purposes. Attorney Hornik stated no limitations exist but it can be discussed in special use permit process. Commissioner Lloyd inquired about the ability of the fire department to house fire trucks. Town Manager Peterson stated he was unable to answer question. Commissioner Hallman stated agreement with affordable housing proposal. He stated he is comfortable with allocation of units in 3A and 3B. Attorney Hornik stated property can be developed as a whole and then divided. Commissioner Lowen and Commissioner Lloyd inquired about the effect on fire and police departments. Town Manager Peterson stated the Town will make the best judgment on the needs of the departments. Commissioner Hallman suggested Cates Creek Parkway could be extended to integrate with Waterstone. Commissioner Gering stated three amendments needed for Parcel 5, Cates Creek Parkway, and Condition 10. Mayor Phelps stated an interest in seeing Hillsborough and Orange County builders used in the development of Waterstone. Smyre stated citizens of Hillsborough should be given an opportunity to purchase and build in Waterstone. Mayor Phelps asked the members of the Board if they were ready to vote on Waterstone and they agreed. Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Water & Sewer Extension Agreement for Waterstone development with the amendment on page 4 eliminating the phrase "for a community college campus" by a vote of 5- O. The motion was declared passed. 7 . . . 'J 78 F. Consideration of an Ordinance annexmg 330 acres known as the Waterstone Development Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance annexing 330 acres known as the Waterstone Development with the new attachment A by a vote of 5-0. The motion was declared passed. A copy of the Annexation Ordinance is hereby made a part of these official Minutes as an Attachment. G. Consideration of an Ordinance zoning 330 acres as Entrance Special Use Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to approve the Ordinance zoning 330 acres as Entrance Special Use by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. H. Consideration of a Resolution granting a Master Plan approval for the Waterstone Development Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Resolution granting a Master Plan approval for the Waterstone Development with three amendments by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these official Minutes as an Attachment. I. Monthly Code Enforcement Update Mayor Phelps inquired if the Town is following up with the judge on previous cases with judgment. Town Manager Eric Peterson stated a spreadsheet is being updated to include current cases. J. Discuss the HOT TOPIC(S) for the March Workshop Commissioner Hallman stated a desire to discuss lessons learned from the Waterstone process. Mayor Phelps stated it might be too early to discuss but would not mind taking specific questions. Commissioner Hallman stated a need to discuss the Neuse River Corridor rules. Planning Director Hauth stated the County has the ability to enforce the Neuse River buffer and wants a formal agreement with the Town. Assistant Town Manager Demetric Potts stated the Town has not reached a point to enter into an agreement. Potts stated the Town must first develop a Stormwater Management Plan. Town Manager Peterson recommended avoiding including a Stormwater fee on water bills. 11. CLOSED SESSION A & B. Closed Session to discuss Two Legal Actions Regarding Code Violations Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved 8 . . . 79 to go into Closed Session to Discuss two Potential Litigation Cases by a vote of 5-0. The motion was declared passed. After returning to Open Session and upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to charge Eddie Quinn a $600 fine with probation by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to charge Cecil Albright a $200 fine with probation by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to adjourn the meeting at 10:44 by a vote of 5-0. The motion was declared passed. ~,uW Kent Wyatt Management Intern 9 . . 80 TOWN OF HILLSBOROUGH, NC A Proclamation WHEREAS, the Orange County Chapter of the American Red Cross has been working since 1917 to provide compassionate humanitarian care during disasters and other crises that threaten to overwhelm and destroy families; and, WHEREAS, the Orange County Chapter of the American Red Cross responds to more than 20 disasters each year in Orange County and helped over 70 individuals who have lost their homes to disaster; and, WHEREAS, the Orange County Chapter of the American Red Cross is committed to assuring a safe and adequate blood supply for Orange County and the American Public; and, WHEREAS, American Red Cross Blood Services in Orange County must collect blood from 20 volunteer donors each day to assure that blood is available when needed by family members, friends, or neighbors in our communities; and, WHEREAS, the Orange County Chapter of the American Red Cross keeps service members in touch with their families as our men and women in uniform are called to duty; and, WHEREAS, residents of Orange County get the information they need to maintain safe and healthy lives through American Red Cross courses in lifesaving skills such as first aid, CPR, water safety and much more; and, WHEREAS, the vital services of the American Red Cross would not be possible without generous contributions from the public; and, WHEREAS, March has been observed as Red Cross Month each year since 1943, when President Franklin D. Roosevelt issued the first official Proclamation; and, NOW, THEREFORE, I, Joe Phelps, Mayor of the Town of Hillsborough, NC do hereby proclaim March, 2004 as: AMERICAN RED C . Date: #3' ,,/s:~</ J Phelps, Mayor own of HiIIsbo~,ys", \\\\ "'" ",,\ Of HILLs';"'" '\.~ <.Ta ".... i~SeaI} ~d~ : I- TO~ c::.:. .. rA i- :: Hm = - - - .- - - ~ ... -;.~ ~ -:.~ ~ .. ~s ........, ~~ " \' "I, C . t" "",,,,,,,,, . . , 81 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF IDLLSlJOROUGH, NORTH CAROLINA AND THE ORANGE RURAL FIRE DEPARTMENT AN AGREEMENT entered into as of the _ day of February, 2004, between the Town of Hillsborough, North Carolina, a North Carolina municipality with an office for the conduct of its business at 101 East Orange Street, Hillsborough, North Carolina 27278 (the "Town") and the Orange Rural Fire Department with its address at Hillsborough, North Carolina 27278 (the "Fire Department"). WHEREAS, the Town is the owner of certain real property located in the Cornwallis Hills Subdivision in Hillsborough, Orange County, North Carolina on which real property (the "Property") there is constructed a municipal water tank and appurtenant facilities; and WHEREAS, the Fire Department has requested permission from the Town to attach an approximately 10-foot radio antenna to the municipal water tank at the Property to help improve emergency telecommunications performance, to build or place an approximately six foot by eight foot equipment shelter .at the Property to house transmitting and receiving equipment associated with the antenna, and to install or improve existing electric power lines and telecommunications wires in connection with the antenna and the equipment shelter; and WHEREAS, both the Town and the Fire Department will realize mutual benefits if the Fire Department is permitted to use the Town Property as a site to place its telecommunications equipment described above. NOW, THEREFORE, it is agreed by and between the parties hereto, for good and valuable consideration the receipt and sufficiency of which is acknowledged, as follows: . . , U:J 82 1. The Fire Department may install the following equipment at the Town's municipal water tank site located in the Cornwallis Hills Subdivision in Hillsborough, North Carolina: (a) One approximately ten-foot tall antenna to be affixed to the municipal water tank at the Property in a manner to be approved in advance and in writing by the Town Engineer; (b) An approximately six foot by eight foot equipment shelter to house telecommunications equipment, including transmitting and receiving equipment and HV AC equipment, on a portion of the Property adjacent to the municipal water tank. The site and location of the equipment shelter shall be approved in advance and in writing by the Town Planning Director and the Town Engineer; (c) Such other appurtenant equipment as may be necessary to connect the antenna and equipment shelter to a source of electrical service. 2. Before any work may commence at the Property, the Fire Department shall submit to the Town Planning Director and to the Town Engineer a site plan indicating at least the following: (a) The size, description and dimensions of the equipment shelter and its proposed location on the Property; (b) A description of the Hv AC equipment to be used at, or in connection with, the Equipment Shelter, and in particular information concerning the expected noise (decibel) levels to be associated with the equipment; (c) A plan, signed and stamped by a licensed professional engineer indicating the manner in which the antenna is to be affixed to the municipal water tank at the Property. The manner and means of attaching the antenna to' the Town's municipal water tank must provide, at a minimum, for uninterrupted, safe use of and access to the municipal water tank by Town personnel. (d) All planning, design, installation and maintenance of the improvements described herein shall be done at the Fire Department's sole expense by qualified personnel. The Fire Department shall indemnify the Town and hold the Town harmless from any and all claims arising from, or related 2 . . , Uu 83 to, the installation of the equipment and the operation of the equipment at the Town's municipal water tank site. 3. The Town and the Fire Department both recognize that the Fire Departm~nt's facilities at the Property will require a 240-volt, 20 amp power source. The Fire Department shall provide all material, equipment and personnel necessary to connect the Fire Department's equipment to the power source. The Town shall absorb the cost of electric power necessary to operate the equipment to be installed by the Fire Department at the Property. 4. All work, material and equipment associated with the installation of the radio antenna, equipment shelter and related facilities shall be provided by the Fire Department at its . sole cost and expense. The Fire Department shall be responsible for insuring its equipment at the Property, and shall furnish the Town with proof of insurance. The Town shall be Darned 'as an additional insured and all insurance policies covenng the Fire Department's equipment and operations thereof at the Property. 5. The equipment and facilities installed at the Property pursuant to this Agreement shall be used for emergency services and governmental services only, and commercial telecommunications use is strictly prohibited. 6. The Fire Department may not cause, suffer, or allow any changes to the approved plans for the installation of the equipment and facilities at the Property pursuant to this Agreement without the prior, express written approval of the Town. 7. The Fire Department shall have reasonable access to the Property for periodic' maintenance and repairs of its equipment, and shall provide at least 24 hours advance notice to the Town Engineer of all scheduled maintenance. 8. The Term of this Agreement shall expire on June 30, 2009 unless extended in writing by the parties prior to that date. The term may be terminated by the Town for any reason 3 - . - 85 upon thirty (30) days written notice to the Fire Department. The Fire Department shall remove all its equipment and facilities from the Property within thirty (30) days of termination or expiration of the term of this Agreement. WHEREFORE, the parties have put their hands as of the d~te first written above. BY: ATTEST: BY: ATTEST: TOWN OF HILLSBOROUGH Joe Phelps, Mayor ORANGE RURAL FIRE DEPARTMENT 4 - . - 86 Orange Rural Fire Department HILLSBOROUGH, NC 27278 EFLAND VOLUNTEER FIRE DEPARTMENT EFLAND, NC 27243 Hillsborough Water Tank Site Proposal August 17,2003 The water tank near the top of 1-40 in Hillsborough is the proposed site for a small 6' x 8' building and an antenna. There will be the following radio services at this site: . . Hillsborough/Efland Administrative Repeater Amateur Radio Repeater (communications for the Red Cross and other Disaster communications). .Optional room for another repeater for the Town of Hillsborough The site will also have a wireless Internet link provided by RTMX Networks in Hillsborough. The Internet link will be used to monitor and control the site. A 240 Volt 20A line will. be needed to power the site. One 120 V phase will run the air conditioner or heater in the building; the other will power the radios. The 6' x 8' structure will be placed on two concrete pads about l' by 8' wide and secured with anchor bolts. The pads will be about 8" deep into the soil. Photos of a similar structure are enclosed. This structure is 8" x 12', larger than the proposed structure. Initially, as a proof of concept and field test for the administrative repeater,a small mast and antenna will be secured to the side of the ladder on the tank. If the system performs as expected, a 90' tower 18" on a face will be erected. The tower will be about 20' above the tree tops, and should not be visible from a distance. From close up, the trees will obscure the tower and antennae. The tower is required if another repeater for the Town of Hillsborough is needed. The fire departments will need access to the site. In the event of a long power outage, we may need to take a generator to the site before the batteries run out. It is also possible at a future date to install a generator at the site so that power outages during bad winter weather are not a problem. Enclosed is a spreadsheet on the costs of construction for the site. . . , 87 Orange Rural Fire Department HILLSBOROUGH, NC 27278 EFLAND VOLUNTEER FIRE DEPARTMENT EFLAND, NC 27243 Fire Department Administrative Repeater System Proposal August 17,. 2003 Overview: Growth in the county has affected fire departments in many ways. There we more paid departments or departments with paid personnel. Call volumes have increased. Medical calls are being paged out on the County fire dispatch channel. All these changes have increased the communications burden for the rural fire departments. There have been two improvements made to the communication~ systems available to the departments during the last ten years: The fire dispatch channel has gone to a repeater system and there are now 5 tactical channels for local (less than 1 mile range) use. The cellular telephone providers in the county have substantially increased coverage in the county, with the 800 MHz based carriers (Alltel, Verizon, and Nextel) having the best coverage. Both the County fire dispatch and the cellular telephone providers have been subject to various .failures oVer the last few years. In particular, long term pow~r outages have caused problems. The County radio system lacks a commercial grade UPS with 8 hours of backup ability, and the undersized generator system has had several failures. The cellular providers are going more and more towards sites without generators or to generators with "day tanks" for fuel (to avoid fuel tank related permit problems caused by a lack of understanding of the nature of these sites by zoning variance approval bodies). This combined with excessive civilian call volume du'ring weather events results in inadequate to marginal performance of the cellular systems during most wide area emergencies. We have more communications options than we had ten years ago, but these communications are still insufficient for both the daily loads and emergency loads we are seeing. There is also the challenge for the firefighters that they must work a radio mounted in the fire engine, their hand held radio, a cellular phone, a fire dispatch pager, and a dial pager (traditional civilian alpha-numeric pager). If this trend continues, in 50 years we will be putting out fires by throwing electronic devices at it instead of using water. This document will examine some near term and long term solutions to these problems. The 1st half of this document examines an administrative fire repeater system which can be built out in phases. This system provides the fire departments with a radio channel for coordinating non emergency fire business. Since the sites are different from the County facilities, the system also provides a redundancy for . . , 88 communications (the only area where redundancy is a desirable goal). In the event that the primary County communications should fail or become congested, the administrative channels could be used to replace or supplement the County system. . The 2nd half of this document touches on other long term goals for communications for rural fire departments. Achieving these goals will require that they be integrated into the County's long term communications plan which is currently being formulated. This section is less structured that the, administrative repeater system, and is a work in progress. The Administrative Repeater System , The increasing burden on the fire departments means that there is an increase in non emergency communications. ,various administrative tasks ,such as checking water supplies (hydrants and ponds), station and apparatus maintenance, post emergency fire scene work and training (including multi-department drills) have taxed the system. Using the County fire dispatch channel for these types of communications threatens to degrade the emergency response and is not always possible since the channel can not be used if there is an ongoing operation in the County. The County has an administrative channel as does the school system and public works. The fire service needs this type of communications. While cellular phones can h~lp, currently most departments use the firefighter's personal phones. The ongoing co~t of monthly service for 10 or 'more phones per department would b,e a great deal. As pointed out above, the cellular system is often not usable during widespread emergency events. And finally there is the problem of the firefighters carrying too many electronjo devices. - ' - The administrative repeater system will be on'the same radio frequency band as the County fire dispatch channel. Jhe frequency for the repeater can be programmed into the fire apparatus radios and into the handhelds. This reduces the burden on the firefighters working both routine and emergency work because they need only carry one device with them in the field. The scan feature present in all these radios allows 'them to monitor three channels at once: County fire dispatch, the local, on scene tactical channel and the administrative channel. The scan features have a concept of the priority channel, which is the dispatch channel so that emergency radio traffic takes priority when there is activity on more than one channel. This also means than when doing routine fire department work, firefighters in the field will hear dispatches as they occur. The existence of the administrative repeater system will have no impact on emergency response times. Both Efland and Hillsborough have and insurance rating (ISO) that is better than a class 9. The administrative repeater system in concert with the newly available Motorola Minator 4 series scanning pagers would qualify as a secondary means of paging, and would help these departments maintain their low insurance ratings. The low insurance ratings help every homeowner in the district by lowering their homeowner's insurance costs. Phase 1 - Initial Feasibility Test 2 . . , u 89 In this phase, a frequency assignment and license is obtained from the Federal Communications Commission (FCC). The repeater hardware is built and put on the air for testing. This testing occurs at a reduced power level of 6 Watts output power. The goal of this phase is to test actual coverage of the system"against the theoretical coverage. It also allows testing to be sure that there is neither interference to nor interference from existing land mobile or fixed radio services. Phase 2 - On-Site Build-Out, No Tower Structure In this phase, building permits for a small 6' x 8' structure a water tank site owned by the Town of Hillsborough are obtained and the structure is hauled in on a truck and anchored on concrete pads. A small 10' aluminum mast is attached to the handrail on the water tank. A coax runs down the handrail of the ladder for the tank and goes into the building. A single 220V 20A power feed from the on site power at the tank is run into the building. The system then goes into full time operation at a full 50 Watts power. The coverage is again tested to insure that it will be sufficient. The initial coverage goals are the Efland and Hillsborough fire districts with a handheld. It is anticipated that there will be reasonable county wide coverage when 25W mobile units are used. There will be many coverage problems in the far corners ofthe county, especially in Chapel Hill. . " Phase 3 - Install a 90' Tower Next to the Structure The water tank based antenna will be below the t~ee line level by about 10 feet. This will have an impact on the coverage. Installing a 90' tower at the site will raise the antenna so that it is about 20' above the tree tops. This will dramatically improve the coverage of the machine, especially for hand held units. Everyone in the county is justly concerned about the visual"impact of all the towers going up as cellular and pagings~~ices ~xpan.(,f AI"! "unfortunate para<;Jox with this concern is that if you have less towers by co-locating the various systems, the towers themselves become more massive. As is the case with all utility infrastructures, we all want the services (electric, cell phones, telephones, water and sewer) but we don't want to see the required infrastructure in our back yard. This project addresses these concerns in the following way: The tower that will be installed is 18" on a side. The commercial cell site towers are anywhere from 5' on a side to as much as 15' on a side. The 90' tower will be about 20' above the tree tops. Commercial towers are anywhere from 100' to 350' above the" tree tops. The mast and antenna is less than 2" in size. Due to the surrounding trees by the water tank and the small "size of the antenna and tower, when you are close to the site you won't be able to see the tower or antenna. From a distance, such as going north on 1-40 into Hillsborough around the Old 86 exit, you will not be able to see anything due to it's small size. The proposed radio services for the site are as follows: The administrative fire repeater, an Amateur Radio repeater, wireless internet access and space on the tower and in the building allocated for one other system for the Town of Hillsborough. The Amateur Radio system will benefit the community in many ways. Ainateur radio operators provide the communications for the Red Cross during emergencies. Orange High School is a designated shelter used by the Red Cross. The location of this repeater allows for good radio communications between people in the shelter and other 3 . 90 Red Cross personnel. There are other amateur radio repeaters in the area, but as was mention before redundancy is a good thing when it comes to communications. The wireless Internet access will be provided to the site at no charge by the local, Internet service provider RTMX networking. The site will have a monitoring and control system which is accessed over the Internet. This allows problems at the 'site to be caught as they occur, and allows for secure control and administration of the site. The additional space for a repeater for the Town of Hillsborough give the town more flexibility as it grows. While it may be desirable to plan for even more services, there is a point where the small tower, power into the structure, and other cost do not scale well. There is no reason why in the future a larger building and tower could, not go on this site if the Town has the need for more services. At this point in time the cost of building a large facility can not be justified. . - Phase 4 - Remote Receivers Q. Since the administrative fire repeater covers the middle section of the county, and because the terrain in Orange County is so dynamic there may be a need to. install remote receives for the repeater system to insure proper hand held coverage. Possible sites for these receivers are at the Efland Fire Station or the Orange-Alamance Water System tower on U.S. 70 W. If additional coverage to the east is desired, then a remote receiver could be installed at the Eno Fire Station or a site 'on Pleasant Green and Ebenezer Church Rd. .' Phase 5 - Northern Orange County Administrative Fir:e Repeater System The infrastructure for a 2nd administrative repeater system exist ~t Cedar Grove Station 2. There is an existing tower at the site,' and space in the fire ,station'. A second administrative channel repeater could be put into service at this location.. Tbe only coverage area that may have problems is a small number of are,as in' Caldwell~ These areas could be picked up with a remote receiver at the Caldwell Fire Station." The systems could be linked at the Hillsborough site. They could operate together or independently. Linking could be changed by either touch tone commands from the radios or via the Internet control system: The systems might be linked together for normal every day use. They could be split if an event in either the Northern or Middle of the County wou"d cause a lot of radio traffic in that area. If there was a wide scale event such as the recent ice storms, the systems could be split so that the departments could work without having to fight a congested radio system. They could also be run as separate systems to accommodate the growing radio traffic of the . departments and then combined if there was the need due to the County system failing or a multi department operation. Phase 6 - Southern Orange County Administrative Fire Repeater System A 120' to 150' tower placed at the Orange Grove Fire Station would provide complete coverage for the Orange Grove and White Cross fire departments. The areas that would have coverage problems for the southern part of the county are all in the Chapel Hill and Carrboro fire districts, which have their own radio systems. As was the case with the Northern Orange County Administrative Repeater System, this system could be linked in at the Hillsborough site. All three could function as one system, or the system could be partitioned off into smaller groups depending on 4 . 91 the needs. Orange Grove has paid staff during the day, and as such has more administrative traffic than a 100% volunteer department. This build out would have the most zoning challenges since it involves a new communications tower in the county. If the only service on the tower was this repeater, then it can be built using the smaller 18" on a side tower pieces. Hopefully the fact that the tower is for the landowner's use (the Orange Grove Fire Department) and not a commercial site for general leasing would help obtain the permit.for the tower. The current county rules require an attempt to locate at an existing facility. There are no facilities close enough to the station that would meet the coverage requirements. Current Status Phase 1 is underway now. About 18 handhelds have the frequency, and the repeater has been temporarily installed. Results are promising enough that it is time to continue discussions with the Town of Hillsborough regarding the building permits. Once the permits and permission to temporarily attach the antennae to the water tank ladder have been obtained, the sit.e build out can occur in two to four weeks. . . . . When the coverage from the tank is evaluated, the decision regarding the tower can be made. Input from the Town of Hillsborough regarding the desire for locating a town repeater at the site will also impact the timetable for the tower. All other phases will depend on discussion.s with the various county fire departments and the long term plans of.Orange County Emergency Management. . Long Term Goals for Communications for Rural Fire Departments This section is loosely 6rganized, and is more of a wish list than a plan. The intent is to begin to enumerate the needs of the departments. This information will come into play when the Administrative Repeater System is brought on line, in the County's long term communications goals, and in working with various regional efforts that are driven by new Homeland Security efforts. e Other Fire Department Communications There are currently two other types of communications between Orange Co. Emergency Management (OCEM) and the fire departments. The 151 is a system where information for fire calls is sent to stations via a dedicated phone line and printer arrangement. The 2nd is the use of "dial pagers" so that information on a call can be sent to a department by utilizing the group features of the dial pagers. . The 1st system, where fire information is sent by dialing a dedicated. phone at each of the fire stations, has been in place for about 5 years. When a fire call is completed, information that a given department needs to fill out their State Fire Reports is sent via this system. The cost of the software at .OCEM to perform this task was about $4000. The cost to OCEM of software to perform this task using a fax machine at each station is about $8000. So while the initial decision made sense from an OCEM point of view ,especially in light of the fact that the feasibility of this approach system was unknown, in the long run when a broader economic view of using taxpayer money comes into play the fax system would more economical. Faxing the data would work just as well from a department point of view. The department gets more bang for its 5 .. . , 92 dedicated business phone line buck because now all departments in the county would have a fax machine. .It is hoped that a decision to switch to a fax based system will be considered sooh. The use of dial 'pagers has also been very useful for firefighters throughout the county. The feasibility and usefulness of this has clearly been proven. But over the last few years, many firefighters have signed up for cell phone service. Since all cell phone service is now digitally based, all these firefighters have short messaging ability. Many firefighters pay for their dial pagers from their own pocket. They are paying for both . their cell phone and their pager. A switchover to a system where calls are paged out via email to an address per firefighter that can use their short message service both eliminates a device that the firefighter is carrying and saves volunteer money. It doesn't make sense that firefighters are vorunteering their time and having to pay for a pager when they already have a device that can receive alpha numeric messages. It is not a technical chaHenge to send out 30 emails when there is a call. OCEM should have a high speed (56K or more) than can do the task. The use of group sending in email via the SMTP protocol performs the same task as the dial page groups. The message only goes out once, with a list of all the recipients. Email is also a great way to send messages to various emergency personnel. It cuts down on radio traffic, can be sent to groups: and gives the both the sender and recipient a hardcopy and record. Email is already in heavy use within the departments today. Incorporating short messaging is a natural next step. Internet Infrastructure As illustrated by the cell' phone email. example above, various services available on the Internet should be available,throughout the county. At a minimum, each fire department should have email addresses .for the Chief, administrative functions, and for information inquiries. There are currently over 200 phone lines the County pays money .for that are used as a dial up connections to the Internet. A coordinated plan to ge1.at least a 56K dedicated line into each station would move the County's emergency services firmly into the late 1990's. Leased lines connecting the schools, county agencies, law enforcement and emergency services.should be planned. The technology exists to partition shared lines into virtual private networks. Acceptance of this concept will require some education of personnel in the various agencies. There is concern about a shared system for data, yet no one worries about all the telephone lines going through one central office switch. The situations are analogous, and the savings and performance are well worth the money. If the Internet infrastructure evolved to this point, the fax machine could be dropped and the information for the fire reports could be emailed to the administrative email address for a department. A proper Internet infrastructure would also allow for data terminals in the vehicles that could be implemented with a variety of existing commercial means instead of relying on sole supplier equipment that might be tied into a radio system. Internet over cell phone combined with full time internet presence at OCEM and the departments allows for a broad range of off the shelf solutions and the attendant price completion advantages. As new Internet based technology becomes available, it can be immediately incorporated into the departments without waiting for a vendor specific solution that has no competition. In the event of cell phone system failure or overload, the data terminals, which would probably be off the shelf laptop computers, could store enough information for 6 . e. , 93 acceptable levels of service. As is the case for any situation where technology enhances service, there must be a plan for when the technology fails. Whether this is the cell phone system or a trunking communications system ttie fall back plan must exist. If a voice communications system is used to pass data, its total system cost and flexibility must be compared to existing or emerging commercial solutions. A working Interne.t infrastructure would also allow the departments to download the current GIS map information to their fire stations and vehicle laptops so that their maps were up to date. Emails from on scene to OCEM could pass sensitive information more accurately during ev~nts, and would be an improvement over reading information over the radio. Passing on these messages would be less prone to error. Inter-Agency Coordination Recent events in the United States continue to show that inter agency communications are critical with large scale events. There are efforts underway between the major triangle area municipal departments to improve communications, training, create response teams and conduct joint exercises for these large scale events. The time commitment required by all is immense, and the volunteer . departments are hard pressed to participate at the same level as a paid department. Modern radios, both mobile and handheld, have the ability to store many different frequencies or channels. We need to work with the agencies in the greater Triangle area to make sure we have all the frequencies we need. While the rural departments will not have the opportunity to train on response to large events, they can assist with these events by showing up and working under the command of someone who has had the training. In order to be effective in the role, there must be good communi~ations. Fortunately, Chapel Hill is involved in these efforts so there is a good local source of that can help with this coordination. Many of the rural firefighters work in Chapel Hill and Carrboro, so the people contacts need to achieve these goals exist. It may also make sense for rural departments to equip one or more of their fire trucks with radios that work in other bands, such as the UHF and 800 MHz trunking systems. Even though these frequencies are not in use in the rural areas, it would let rural departments send a truck and assist with large scale events. . . It may additionally make sense for the rural departments to acquire equipment for programming the frequencies on their various radios and pagers. If assistance was needed and the radios did not have the right frequencies in them, it would take a few hours to prepare the team and equipment to go in and assist. In the above section on Internet Infrastructure, emphasis was placed on using off the shelf equipment for data communications and equipment. Relying on this type of . equipment instead of vendor specific systems also affords a greater level of interoperability during interagency events. Email, off the shelf programs, and Web browsers are excellent ways to gather and disseminate information both internally and to the public. Summary Constant themes in the long term goals for rural fire departments communications are standardization on how information is sent, with a heavy emphasis on Internet based methods. This yields a wider range of equipment at a lower cost than any other approach. Improving the County's voice communications without also improving its data communications will result in an imbalance that will hamper 7 . . , ~A. performance. We must also be able to function with the support infrastructure badly damaged. since we are called when this happens. The planning for the communications infrastructure, both voice and data, must take these worst case scenarios into account. What we have now is an odd group of proprietary approaches and non redundant systems with very little inoperability. While the rural departments have the weakness of relying predominantly on volunteers and therefore don't have the people time to solve some of these problems, they have the strength of a very diverse group of people with a wide range of skills. With no pay and the attendant office politics and pressure that come with the employee environment, the rural departments can be refreshingly frank in their viewpoints. If the skills of these firefighters can't guide the path in the future, than we have no hope of improving and working together and all of the above is moot. If the above factors can help guide the path, then communications in the county can take a huge leap ahead. 8 . 95 AN ORDINANCE AMENDING SECTION 23 OF THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I. Section 2. Section 3. - Section 23.1.a is hereby amended to add "or phased development plan" following "plan." The sentence "Compliance with the applicable notice and hearing requirements for a Master Plan, site plan, Conditional Use Permit and a special exception permit shall be deemed to satisfy the notice and hearing provisions ofG.S. 160A-364." is hereby added to the end of the paragraph. Sect~on 23.l.b IS hereby amended to add the phrase "or phased development plan" after "specific. " Section 23.2 is renamed "Site Specific and Phased Development Plans." The current section "a" is renumbered "c," current section "b" is renumbered "f," current section "c" is renumbered "d," and CUll"ent section "e" is renumbered "g". The following are added as new subsections "a" and "b." ""Phasetl Development Plan" means a plan of land development which has been submitted to the Town by a landowner for phased development describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of land with a lesser degree of certainty than any plan determined by the Town to be a Site Specific Development Plan. Approval of a Master Plan pursuant to Section 2.17 of the Zoning Ordinance shall trigger a vested .ri~t. ~ Phased Development Plan shall be deemed approved upon the effective date o~the permit-issuing authority's '. actIon. "Approval of a Planned Unit Development Plan (if it involves a development to be initiated and/or completed in phases) pursuant to Zoning Ordinance Section 2.15 or of a Master Plan as part of an Entranceway Special Use District, which Master Plan meets the requirements of Zoning Ordinance Section 2. 17(e), shall constitute approval of a vested right pursuant to Section 23 of the Zoning Ordinance. The vested right established shall be effective as of the effective date of the permit-issuing authority's decision approving the Plan." Section 4. Newly renumbered section 23.2.fis further amended by adding the following: "The specific requirements of other sections of the Zoning Ordinance shall be the presumptive minimum standards which applicants must meet; however, the Board of Commissioners (only) may waive those minimum requirements upon (i) the applicant's specific, written request for a waiver and (ii) the presentation of satisfactory, competent evidence by the applicant." Section 5. Section 6. Newly renumbered section 23.2.g is further amended by adding "or phased development plan" in three locations immepiately following "specific." Section 23.3 is amended by adding "or phased development plan" in two locations immediately following "specific." ..,. Section 7. ., Section 23.4 is am.ended by deleting the current paragraph "a," inserting the following _.' language as paragraphs ~'a".and "b" and renpmbering existing paragraph "b" to "c." 96 "A Site Specific Development Plan which has been vested as provided for in this Section shall remain vested for a .period of two (2) years. This vesting shall not be extended by any amendments or modifications to a Site Specific Development Plan unless expressly provided by the permit-issuing authority at the time the amendment or ~ modification is approved." "A Phased Development Plan which has been vested as provided for in this Section shall remain vested for a period of five (5) years. This vesting shall not be extended by any amendments or modifications to a Phased Development Plan unless expressly provided by the permit-issuing authority at the time the amendment or modification is approved." Section 8. Section 23.4.c is amended by adding "or phased development plan" immediately following "specific. " Section 9. Section 23.5 is hereby amended by adding "or five (5) years from the date of approval for a Phased Development Plan.)" at the end of the paragraph. Section 10. Section 23.6.d is hereby amended by adding "or phased development plan" immediately following "specific." Section II. Section 12. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of March, 2004. . . Ayes: S Noes: ~ Absent or Excused: .e- '-...-/ ~~~ Donna F. Armbrister, Town Clerk . ...........- 97 . RESOLUTION REQUESTING AN APPOINTMENT TO AN EXTRATERRITORIAL JURlSIDICTION SEAT ON THE HILLSBOROUGH PLANNING BOARD WHEREAS, as a result of the end ofa term, it is necessary to appoint a person to a seat rc~~erved on the Hillsborough Planning Board for persons residing within the town's extraterritorial planning jurisdiction; and WHEREAS, by state statute and town ordinance, the Orange County Board of Commissioners initially has the authority and responsibility to appoint ETJ members to the town's Planning Board. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FO THE TOWN OF HILLSBOROUGH RESOL YES: Section 1. The Orange County Board of CommissionerS is respectfully requested to appoint the following individual to an ETJ seat on the Hillsborough Planning Board, whose term would expire April 30, 2007: Ms Rachel Hawkins 802 Greentree Dr. Hillsborough, NC 27278 '. Section 2. If the Orange County Board of Commissioners fails to appoint persons willing to serve in the capacity described above within 90 days of receiving this resolution, then the Hillsborough Town Board may make this appointment. . Section 3. Manager. The Town Clerk shall send a copy Qfthis resolution to the Orange County Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted too a vote, received the following vote and was duly adopted this 8th day of March 2004. . ~es:6 . Noes: ..tr Absent/excused:p- I, Donna F. Armbrister, Town Clerk to the Town of Hills borough, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Hillsborough Town Board of Commissioners on March 8, 2004. . . . - - 98 NORTH CAROLINA TOWN OF HILLSBOROUGH WATER AND SEWER EXTENSION AND CAPACITY RESERVATION AND RIGHT OF WAY ACQUISITION AGREEMENT ORANGE COUNTY THIS AGREEMENT is entered into as of the 8th day of March, 2004, by and between Norca Holdings, LLC, its successors and assigns ("Developer") and the Town of Hillsborough, a North Carolina municipal corporation ("Town"): RECITALS: I. The Developer is the contract owner of real property located in Orange County, North Carolina, as more particularly described on Exhibit A, attached hereto and incorporated herein by reference ("Property"). The Property is the subject of a Master Plan pursuant to S 2.17 of the Town's Zoning Ordinance, known as the Waterstone Master Plan. 2. The Property presently is located outside of the corporate limits of the Town. 3. In exchange for the Town's agreement to annex the Property into the Town limits and to provide municipal services to the Property, the Developer has agreed, at its own cost and expense except as otherwise specifically set forth herein, to extend water and sewer facilities to the Property (the "Water and Sewer Facilities"), pursuant to the terms and conditions stated herein, and as shown on the Off-site Sanitary Sewer Facilities Map, a copy of which is ~ttached hereto and incorporated herein by reference as Exhibit B, the approved Cates Creek Sewer Extension Construction Plans and Permits attached hereto and incorporated herein by reference as Exhibit C, the Waterstone Water Improvement Plans attached hereto as Exhibit E and incorporated by reference herein (collectively, "Water and Sewer Plans"). The Off-site Sanitary Sewer Facilities Map and the Waterstone Water Improvement Plans are a part of the Waterstone Master Plan. 1 99 . 4. The Developer agrees to design and install the Water and Sewer Facilities at its own cost and expense except as otherwise specifically set forth herein, in accordance with the terms and conditions of this Agreement. 5. The Town agrees to cooperate and provide financial and legal assistance in the manner set forth in, and as limited by the terms of this Agreement, to the Developer to facilitate the Developer's installation of the Water and Sewer Facilities pursuant to the terms and conditions of this Agreement. 6. The Town agrees to cooperate with, and provide legal assistance to, the Developer to facilitate the Developer's construction of roads as shown in the Waterstone Master Plan in the manner set forth in, and as limited by the terms of this Agreement. 7. The Town desires to allocate, and the Developer desires to reserve, capacity . within the Town's water and sewer system for the benefit of the Property. Both the Town and the Developer desire that water and sewer service be provided to the Property, pursuant to the terms and conditions of this Agreement and other applicable federal, state and local law. 8. The Developer will endeavor to use reasonable water conservation practices in developing the Waterstone Master Plan. 9. At its meeting held on March 8, 2004, the Town approved the Waterstone-Master Plan in accordance with the applicable ordinances of the Town. 10. At its meeting held on March 8, 2004, the Town approved the installation of the Water and Sewer Facilities pursuant to the terms and conditions of this Agreement and in compliance with applicable federal, state and local law for the purpose of facilitating the .- development of the Waterstone project in accordance with the Waterstone Master Plan (the -- "Project"). 2 100 . NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Developer and the Town, and their respective successors and assigns, each agree to the following: I. Developer Oblieations: A. Design. The Developer, at its sole cost and expense, shall be responsible for designing and preparing the plans and specifications for installing the Water and Sewer Facilities in accordance with the Water and Sewer Plans, and applicable federal, state and local law. The detailed plans and specifications for the installation of the Water and Sewer Facilities (the "Installation Plans"), shall meet the Town's requirements for such facilities and shall be approved in writing by the Town and any other governmental entity whose approval is required . prior to the commencement of work. No work on the Water and Sewer Facilities shall commence until the Installation Plans for one or more Phases, as described below, have been approved in writing by the Town and other required approving agencies, and construction permits have been issued for one or more of the Phases of the Water and Sewer Facilities as described below. Provided, however, that all existing permits, plqns, and approvals previously prepared or obtained by the Town for the Cates Creek Sanitary Sewer Extension portion of the Water and Sewer Facilities ("Cates Creek Plans and Permits"), to the extent necessary and as permitted or required by law, shall be assigned to and may be used by the Developer and its agents at no cost to the Developer. The Developer may utilize the Cates Creek Plans and Permits attached hereto as Exhibit C as part of the Installation Plans for the Water and Sewer Facilities. Except as .- provided herein, the Developer, at its sole cost and expense, shall design, construct and install the Water and Sewer Facilities in accordance with the approved Installation Plans. 3 . . .- l01 B. Phasing of the Water and Sewer Facilities Installation. Phase I. The Developer shall install those portions of the Water and Sewer Facilities that the Developer, in its sole and exclusive discretion, deems necessary to serve any portion of Parcels 1-8, 16 and any portion of Parcel 9 located within Phase I shown on the Phasing Plan for the Waterstone Master Plan, a copy of which is attached hereto and incorporated herein by reference as Exhibit D ("Phase I"). At a minimum, the installation of Phase I of the Water and Sewer Facilities will make possible the location and construction of a community college campus on Parcel 16. Installation of Phase I of the Water and Sewer Facilities may begin earlier, but in any event must begin no later than ninety (90) days after the occurrence of the last of the following four (4) events: (1) the approval of the Installation Plans; (2) the issuance of the last of all required federal, state and local permits; (3) the acquisition and assignment to the Developer of all temporary and permanent easements and encroachments necessary to construct Phase I of the Water and Sewer Facilities and the connections to the Property associated with Phase I; and (4) the submission of a special use permit application for Parcel 16 as shown on the Waterstone Master Plan. Should anyone of these events fail to occur, the Developer may install only those portions of the Water and Sewer Facilities that it deems advisable in its sole and exclusive discretion. The location and extent of any and all easements, whether permanent or temporary, which are necessary or convenient to the connection of any portion of the Property to the Cates Creek Sanitary Sewer Extension, and which the Town is required to obtain pursuant to Paragraph ILE. of this Agreement, shall be determined by the Developer in its sole and exclusive discretion; however, should the Developer in the exercise of such discretion determine that the location or extent of any easement now shown on the existing Cates Creek Plans and Permits should be 4 . . .- -- -102 amended or modified, then the Developer shall pay the costs associated with such amendment or modification. Upon completion of the foregoing Phase I improvements and before starting work on Phase II or Phase III of the Water and Sewer Facilities Installation, the Developer shall extend the Cates Creek Sewer Extension to Manhole 24 as shown on the Cates Creek Sewer Extension Construction Plans attached hereto as Exhibit C. Phase II. The Developer may choose whether to install those portions of the Water and Sewer Facilities necessary to serve any portions of Parcels 10,11,17,19,20,21 and any portions of Parcels 9, 18 and 22 located within Phase II of the Phasing Plan for the Waterstone Master Plan attached hereto as Exhibit D ("Phase II"). The Developer, in its sole and exclusive discretion, may decide when and whether to begin construction of the Water and Sewer Facilities required to provide water and sewer service to those portions of the Property located within Phase II. Phase III. The Developer may choose whether to install those portions of the Water and Sewer Facilities necessary to serve any portions of Parcels 12, 13, 15 and any portions of Parcels 18 and 22 located within Phase III of the Phasing Plan for the Waterstone Master Plan as shown on Exhibit D ("Phase III"). The Developer, in its sole and exclusive discretion, may decide when and whether to begin construction of the Water and Sewer Facilities required to provide water and sewer service to those portions of the Property located within Phase III. The Developer reserves the sole and exclusive right to abandon, adjust or otherwise alter the sequence and timing of the installation of the Phase II and Phase III Water and Sewer Facilities. However, and notwithstanding any language to the contrary herein or in the Waterstone Master Plan or in the Conditions of Approval thereof, should the Developer abandon 5 . l03 the installation of the Phase II and Phase III Water and Sewer Facilities, the vested right enjoyed by the Developer for the Waterstone Master Plan, in the sole discretion of the Town's Board of Commission, shall terminate, upon ten (10) days written notice to the Developer formally exercised by a vote taken at a publicly noticed regular or special meeting of the Town Board of Commissioner and the Town shall be released from any and all further obligations under this Agreement. For purposes of this Agreement, the term "Abandon" or "Abandonment" shall mean either: (a) receipt by the Town of written notice from the Developer stating that it will not proceed with the installation of the Phase II and Phase III Water and Sewer Facilities; or (b) that the installation of the Phase II and Phase III Water and Sewer Facilities have not been commenced prior to the expiration of the statutory vested right approved for the Waterstone Master Plan; or (c) that installation of the Phase II and/or Phase III Water and Sewer Facilities, once commenced, shall cease for a period of Twenty Four (24) months without notice to the Town (the Town Board may extend this period for a reasonable time upon Developer's request). C. Pump Station and Force Main Allowed. The Developer shall have the right, but not the obligation, to install one (1) pump station and force main (the "Pump Station") to serve the Southeastern portion of the Property (depicted on the Phasing Plan cumexed to this agreement - as parts of Phase II and Phase III) as part of the Water and Sewer Facilities" Should the Developer install the Pump Station, such installation shall be at the developer's sole cqst and expense. Upon completion, the Developer shall dedicate the Pump Station to the Town for the l?enefit of the general public. Upon acceptance of the Pump Station by the Town, the Town shall assume all legal and financial responsibility for the maintenance and operation of the Pump Station. The Town shall have no obligation to pay any costs or expenses related to the installation of the Pump -- Station. All Perpetual Maintenance Fees required by the Town's Code of Ordinances in effect at . 6 104 . the time the Developer dedicates this Pump Station to the Town shall be paid prior to the Town's acceptance of the Developer's offer of dedication of the Pump Station. D. Licensed Professional Engineer. The Developer shall engage a licensed North Carolina professional engineer to: (i) prepare the Installation Plans for the construction of the Water and Sewer Facilities; (ii) administer the construction and execution of the work pursuant to the Plans; and (iii) certifY the completion of the work in accordance with the approved Installation Plans and all permits issued for the work to the State and any other governmental jurisdictions. E. Inspections of Work. The Developer shall permit the Town to make inspections of the Water and Sewer Facilities during their installation, including, but not limited to, allowing the inspection of all sewer and water lines or other facilities related thereto prior to their burial in . the course of construction. In the event water and sewer lines or other facilities are covered in the course of construction prior to the Town's inspection, the Town may require such water and sewer lines or other facilities to be uncovered or exposed for inspection at the Developer's sole cost and expense. F. Testing. The Developer shall conduct such tests as may reasonably be required by the Town to determine that the ~ater and Sewer Facilities as installed comply with applicable federal, state and local law, and shall report the results of all such tests to the Town in writing. All such testing shall be done at the Developer's sole cost and expense. G. Licensed Contractors. The .Developer shall use only licensed North Carolina contractors to install the Water and Sewer Facilities. .- H. Field Superintendent. The Developer's contractor shall have a field superintendent -- on site at all times during installation of the Water and Sewer facilities. 7 105' . I. Post-Construction Documentation. Upon the completion of the installation of each Portion of the Water and Sewer Facilities, the Developer shall furnish the Town with a Schedule of Values for the Water and Sewer Facilities installed in that Portion and three printed copies and one electronic copy of the record drawings of said Portion of the Water and Sewer Facilities, together with: (a) the contractor's affidavit that the drawings accurately represent the Portion of the Water and Sewer Facilities in question as built; (b) a certificate of compliance executed by the professional engineer of record indicating that work has been performed in substantial compliance with the approved Installation Plans; (c) a contractor's affidavit and release of liens from all subcontractors and materialmen for work done in connection with the installation of the Portion of the Water and Sewer Facilities in question; and (d) a warranty from the Developer, secured by a viable surety, in the name of the Town which lasts for a period of . one year from the date of completion of all construction of the Portion in question. J. Dedication of Water and Sewer Facilities and Conveyance of Easements. The Developer shall convey to the Town all easements obtained for the Water and Sewer Facilities, and shall dedicate the constructed Water and Sewer Facilities to the Town. Upon dedication, the Water and Sewer Facilities shall become a part of the Town's water and sewer system and will, thereafter, be owned and maintained by the Town. The Developer shall record or cause to have recorded in the Orange County Registry all deeds of easements and plats showing all water and sewer easements it obtained in order to serve the Property. K. Payment of Capital Facilities Fees. Prior to the commencement of construction of improvements on any Residential Parcel shown on the approved Waterstone Master Plan, all Capital Facilities Fees due for said Parcel shall be paid by the developer pursuant to the applicable Town Code provisions then in effect. 8 . . -- 106 All capital facilities fees due for any development on any of the office, mixed-use, retail or other parcels with non-residential uses shall be paid at the time each individual water meter is purchased, due to variability in the size of meters required to serve non-residential buildings located on these parcels. II. Oblieations of the Town: A. Water Capacity Reservation. In making plans for maintaining, upgrading and_ expanding the Town's water and sewer system in order to provide sufficient water treatment capacity and sewage treatment capacity for citizens of the Town, the Town shall take into account the total amount of residential and non-residential development approved pursuant to the Waterstone Master Plan, and shall reserve sufficient water treatment capacity and sewer treatment capacity within its water and sewer system to supply adequate quantities of public water and sewer treatment services to the Property to the extent necessary for the Developer to construct and obtain certificates of occupancy for all of the residential and non-residential development contemplated by the Waterstone Master Plan (the "Guaranteed Capacity"). The Town has calculated the Guaranteed Capacity and the Town and Developer agree that the Guaranteed Capacity is an average of 350,000 gallons per day of water capacity and an average of 350,000 gallons per day of sewer treatment capacity. The Town shall maintain the Guaranteed Capacity for no less than ten (10) years from the date of this Agreement or until the vested rights _ for the Waterstone Master Plan expire (whichever occurs sooner), unless this Agreement fS terminated earlier pursuant to its terms. The rights conferred by this Agreement may be assigned by the Developer to any purchaser or other developer of any portion of the Property. The Town shall be notified in writing of the assignment of such rights. 9 1:07 . B. Connection to Town's Water and Sewer System. The Town agrees to permit the physical connection of the Water and Sewer Facilities to the Town's water and sewer system, subject to the terms and conditions of this Agreement and applicable federal, state and local laws in effect at the time the installation of each phase of the Water and ~ewer Facilities is completed. C. Water ~uality. The water and sewer services to be provided by the Town, pursuant to the terms of this Agreement, shall meet the minimum state standards in effect at the time such water and sewer services are requested by the Developer for any portion of the Property. The Town makes no other warranty as to the quality of services to be provided pursuant to this Agreement. D. Modifications to the Cates Creek Plans and Approvals. Subject to the limitations set forth in paragraph LB above, the Town shall assist and cooperate with the Developer to the . extent necessary should modifications be needed to the Cates Creek Plans and Approvals, including, but not limited to, appearing as the applicant on any applications submitted to any state or federal agency to the extent as may be required for the approval of any portion of the Water and Sewer Facilities. All costs of such modifications, including any increased costs of acquiring modified easements, shall be the sole responsibility of the Developer. E. Easement Acquisition. The Town shall acquire all necessary easements and rights of way for the installation of the Water and Sewer Facilities, including, but not limited to, the Cates Creek Sewer Extension, and for connecting development located on any portion of the Property to the Cates Creek Sewer Extension including: (a) all permanent easements necessary for installing the Water and Sewer Facilities; (b) all permanent easements necessary for accessing and maintaining any portion of the Water and Sewer Facilities; (c) all temporary easements needed to access and construct all portions of the Water and Sewer Facilities; and (d) all 10 . . -108 temporary and permanent easements the Developer identifies as being necessary or convenient for the Developer to connect any portion of the Property to the Cates Creek Sewer Extension (collectively, "Water and Sewer Facilities Easements"). Within fifteen (15) d.~ys after the date on which this Agreement and the Waterstone Master Plan are approved, the Town shall begin using its best efforts, including, but not limited to exercising its power of eminent domain, to acquire the Water and Sewer Facilities Easements. However, it is understood and agreed that the Town is not obligated immediately to commence eminent domain proceedings within such 15 day period. The Town shall use the funds available in its Cates Creek Sewer Extension fund to finance the acquisition of the Water and Sewer Facilities Easements. As of the date of this Agreement, the amount of the Cates Creek Sewer Extension fund is approximately $243,000.00. Once the Town has exhausted the Cates Creek Sewer Extension fund and after all Water and Sewer Facilities Easements have been acquired, the Developer shall, within fifteen (15) days of receipt of written notice from the Town itemizing additional costs incurred by the Town, reimburse the Town for its reasonable additional costs associated with obtaining the Water and Sewer Facilities Easements which exceed those funds in the Cates Creek Sewer Extension fund. F. Testing and Inspections by Town. All testing and inspections required by the Town under this Agreement shall be conducted in a timely fashion so as to prevent any unnecessary delay to the Developer in installing the Water and Sewer Facilities pursuant to the terms and conditions of this Agreement. G. Recapture of Water and Sewer Fees. Developer's construction of the Water and Sewer Facilities pursuant to this Agreement shall not affect the Town's policy with respect to any development fees to be paid to the Town by owners of property not included within the 11 109 Waterstone Master Plan who desire to connect to the Water and Sewer Facilities installed by the Developer pursuant to this Agreement in order to serve their property. Provided, however, that in accordance with the existing Town Code and policies in effect at the time, Developer shall be entitled to receive as a partial reimbursement of the costs of installing the Water and Sewer Facilities, all water and sewer front footage fees paid by any owner or developer of property not included within the Waterstone Master Plan who connects to any portion of the Water and Sewer Facilities installed by the Developer. Any such fees shall be paid by the Town to the Developer within thirty (30) days of their receipt by the Town. H. Limitations on Water and Sewer Connections. The Town reserves the right to refuse to allow connections to the Town's water and sewer system: (1) when such connections would cause the Town's water and sewer system or the operation thereof to be in violation of any applicable state or federal law; or (2) for reasons not known or foreseen by the Town at the time this Agreement was executed that would create a clear and present danger to the public health safety and welfare of the Town's citizens. In the event the Town refuses to allow connections to the Town's water and sewer system for any reason, the Developer may, in its sole and exclusive discretion, choose to terminate this Agreement by supplying notice thereof to the Town Manager in writing pursuant to Paragraph III.D. below. L Road Right of Way Acquisition. The Town shall assist the Developer in acquiring road rights of way, including, but not limited to, by exercising its powers of eminent domain in order to facilitate construction of roads in a manner which is consistent with the design details, alignments, and pavement cross-sections shown on the Waterstone Master Plan (the "Waterstone -- Roads"). These easements shall include, but not be limited to: (1) all permanent easements . . -- necessary for the construction and maintenance of all of the Waterstone Roads; and (2) all 12 110 . temporary easements that the Developer deems necessary to gain access to the property in order to construct all of the Waterstone Roads. However, the Town's obligation as established by this paragraph shall not include any obligation to acquire, at the Town's expense, any rights-of-way for road construction in connection with the Waterstone Master Plan. Developer shall pay all costs incurred by the Town in connection with the acquisition of road rights-of-way pursuant to this paragraph. III. General Conditions: A. Termination. This Agreement shall terminate automatically if construction of any portion of the Water and Sewer Facilities has not begun within twenty-four (24) months' from the date of this Agreement, or if the vested rights granted as part of the approval of the Waterstone Master Plan terminate, or for any of the other reasons provided in this Agreement. . B. No Express or Implied Approvals. Nothing in this Agreement shall be construed as constituting an express or implied approval by the Town of any subsequent application for a Special Use Permit for the development of the Property subject to the Waterstone Master Plan pursuant to any applicable Town zoning, subdivision, or other land use ordinance. c. Warranty. The Town shall own and maintain the improvements constructed under this Agreement after they are dedicated and accepted. Provided, however, if within one year of the date that the offer of dedication of any portion of the Water and Sewer Facilities constructed pursuant to this Agreement is accepted, which acceptance shall not occur prior to the completion of all construction in that portion, defects in workmanship or materials are discovered in work . done pursuant to this Agreement by or on behalf of the Developer, the Developer s~all promptly correct such defects at the Developer's expense after receipt of a written notice of such defects from the Town. 13 . . . 111 D. Assignment. This Agreement may be assigned by the Developer, but such successor or assignee shall obtain no rights hereunder until after it has provided the Town with a written acknowledgement of its obligations and responsibilities under this Agreement. E. Applicable Law. Dispute Resolution. Notices. This Agreement shall be deemed made in and shall be construed in accordance with the laws of North Carolina. Any dispute between the parties to this Agreement may be referred, at the request of the Town, for binding arbitration through the Private Adjudication Center at Duke University. All notices hereunder must be in writing and shall be validly given if delivered as follows: (or to any other address that the party to be notified may have delivered to the "Other party by like notices): To the Town: Town Manager Town of Hillsborough 1 01 East Orange Street Hillsborough, NC 27278 with a copy to: Robert E. Hornick, Jr. The Brough Law Firm 1822 East Franklin Street Suite 800A Chapel Hill, NC 27514 To the Developer: Peter 1. Henn Vice President Norca Holdings, LLC c/o The Trump Group 4000 Island Blvd. PH4 A ventura, FL 33160 with copy to: William J. Brian, Jr. Womble, Carlyle, Sandridge & Rice 2530 Meridian Parkway, Suite 400 Durham, North Carolina 27713 Notices so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed validly given when deposited in the United States mail. 14 112 F. Merger. This Agreement constitutes the entire Agreement between the parties for all matters contained herein and shall supercede all previous Agreements or representations, either oral or written, with respect to all matters contained herein. All prior Agreements pertaining to any matters covered by this Agreement are hereby cancelled and declared of no force and effect. Notwithstanding the foregoing, this Agreement does not affect in any way the rights and obligations of the parties hereto, their successors and assigns, pursuant to the Waterstone Master Plan. G. Further Assurances. Each party hereby agrees to grant such further assurances and provide such further additional documents as may be reasonably required, each by the other, in order to carry out the terms and conditions, or to comply with the express intention of this Agreement. . H. Incorporation of Recitals. Recitals 1-10 above are hereby incorporated herein by reference as material terms of this Agreement. . . L Severability. If any section, subsection, sentence,- clause, phrase or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 15 . . . , . 113 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement ill duplicate originals, as of the day and year first above written. TOWN OF HILLSBOROUGH By: c/~ Eric Peterson Town Manager ATTEST: ~~ Town Clerk This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 0~ 16 . . . 114 IN TESTIMONY WHEREOF, the parties have executed this Agreement in duplicate originals as of the date and year first written above. NORCA HOLDINGS, LLC By: Peter J. Henn, Vice President 17 . . . 115 Ordinance No. 030$ ()Lf - O{ The following ordinance was introduced by Commissioner duly seconded by Commissioner I!V6bj AJ LIP'I~ ,(j;(!iRAJ kaJ.G"v" , and AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of the Waterstone property; WHEREAS, the petition was signed by the owners of all the real property located within such area; and WHEREAS, a public hearing on the annexation was held on September 29, 2003 following notice of such hearing published in the News of Orange on September 17 and September 24,2003. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boundaries of the town of Hillsborough, as the term "contiguous" is defined in G.S. 160A-31(f). Section 2. The following area is hereby annexed to and made a part of the Town of Hillsborough: 337.52 acres identified as Orange County PINs: 9873-04-8468, 9873-03-9577, 9873-03-8215, 9873-33-1126, 9873-43-2983, 9873-42-6534, and Portions of 9873-26-3893 and 9873-15-8184 and further described by metes and bounds in attachment A. ... Section 3. This Ordinance shall become effective on adoption. Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. . . . 116 The foregoing ordiiLce having been submitted to a vote, received the following vote and was duly adopted this ~ day of March 2004. Ayes: 0- Noes...@ \\\ \ \ I" ""11/ . \\\',...c; UH /" Absent or~~a: '..fJ;t..LS.^ ~~"'.'" ....' <:T.Q. ,. ~.;:.,.' ~-:.. ~ ~~ 'V ~ :: ~ ToWl'l __ Go :. - f G)- ~ dJJs_~ -gh %; - 1 ~t_ _ 'L ... ~ ~ ";. 'b..$ ~, "-...' STATE of;, ~{\l'NA COUNTY OF~GB\" ~L~ Eric Peterson, Town Manager I tf~~ Donna F. Armbrister, Town Clerk I, Julie V. Fogleman, a Notary Public for said County and State, do hereby certifY that Donna F. Armbrister, Town Clerk, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the 3#1 ~~,,~r.1II , gOO~ . -....'G 'l. ..... _ ,"v .?~~ My commission expires I Nov otf . . . 117 Attachment A A 335.79 acre parcel located in Hillsborough Twp., Orange Co., North Carolina more particularly described as follows: COMMENCING at NCGS Control Monument "Grill" having NC Grid Coordinates NAD 83 Northing 834548.1780 feet and Easting 1975480.8590 feet, thence S03011' 1 O"E 1114.50 feet(grid distance) to NCGS Control Monument "Davidson" having NC Grid Coordinates NAD 83 Northing 833435.397 feet and Easting 1975542.8040 feet, thence N51 001 '31 W 5290.59 feet (horizontal ground distance) to an iron pin set at the southwest corner of Lot 22R (See PB 76 Page 39 Phase lA), having localized NC Grid Coordinates NAD 83 Northing 836763.06 feet and Easting 1971429.78 feet, the POINT OF BEGINNING; thence along and with the southeast lines of said Lot 22R and Lot 21S (See PB 78 Page 40) N52027'30"E 200.84 feet to an iron pin set at the southwest corner of Lot 20S (See PB 78 Page 40); thence along and with the southeast line of Lot 20S N53000'36"E 168.80 feet to an iron pin set at the southwest corner of Lot 19R (See PB 78 Page 64); thence along and with the southeast lines of Lots 19R, 18R and 17R (see Plat Book 78 Page 64) three calls as follows: N52053'32"E 100.16 feet to an existing iron pin, N52029'48"E 100.20 feet to an existing iron pin and N52029'48"E 100.20 feet to an existing iron pin at the southwest corner of lot 16C-l (see Plat Book 87 Page 62); thence along and with the southeast lines of lots 16C-l and 16C-2 (see Plat Book 87 Page 62) N52029'48"E 156.11 feet to an existing iron pin at the southeast corner of Lot A (See PB 73 Page 174); thence along and with the southeast lines of said Lot A four calls as follows: N52029'48"E 172.23 feet to an iron pin set, N38039'30"E 377.71 feet to a mathematical point, N02020'59"W 281.24 feet to a mathematical point and N25022'26"E 164.58 feet to an iron pin set in the south line of the future public road extension of Millstone Drive as per PB 73 Page 174; thence N25022'26"E 64.72 feet to an iron pin set at the southeast corner of Lot 15 (See PB 73 Page 174); thence along and with the east line of said Lot 15 N25022'26"E 318.23 feet to an iron pin set at the northeast corner of said Lot 15 in the south line of Old Mill Properties LLC ( see Deed Book 2075 Page 536 and Plat Book 92 Page 43); thence along and with the south line of Old Mill Properties LLC N80053'47"E 500.70' feet to an existing concrete monument at the northwest corner of Lot 69 ( see "Beckett's Ridge" Phase 1 Section 2 Plat Book 86 Page 102); thence with the west line of "Beckett's Ridge" Phase 1 Section 2 along four calls as follows: S24 031' 42"E 380.64 feet to an existing iron pin, S24 031' 42"E 249.20 feet to an existing iron pin, S24031 '42"E 747.29 feet to an existing iron pin and S24031 '42"E 182.43 feet to an existing concrete monument in the west line of Lot 52 ( see "Beckett's Ridge" Phase 1 Section 2 Plat Book 86 Page 101); thence along the west line of "Beckett's Ridge" Phase 1 Section 2 along two calls as follows: 1 . . . 118 S35041 '21"E 294.43 feet to an existing iron pin and S35041 '21 "E 228.33 feet to an existing concrete monument in the west line of Lot 39 ( see "Beckett's Ridge" Phase 1 Section 2 Plat Book 86 Page 101); thence with the west line of "Beckett's Ridge" Phase 1 Section 2 along two calls as follows: S02034'21"W 264.65 feet to an existing iron pin and S02034'21"W 243.25 feet to an existing iron pin at the northeast corner of Lot 2 (See Plat Book 27 Page 5 and PB 42 Page 110 Block B); thence along and with the north line of said Lot 2 N02034'21"W 312.31 feet to an existing iron pin in the east right of way line of Fargo Road; thence N02034'21"W 59.83 feet to a mathematical point in the west right of way line of Fargo Road; thence along and with the west right of way line of Fargo Road SOoo59'47"E 69.04 feet to an existing iron pin at the northeast corner of Lot 6 (See Plat Book 27 Page 5 and PB 42 Page 110 Block A); thence along and with the north line of said Lot 6 N88027'38"W 305.05 feet to an existing iron pin at the northwest corner of the aforesaid Lot 6; thence along and with the west lines of Lot 6, Lot 7, Lot 8 and Lot 9 (See Plat Book 27 Page 5 and PB 42 Page 110 Block A) and extending beyond said Lot 9 to the south right of way line of Fletcher Road two calls as follows: SOI039'44"W 279.26 feet to an existing iron pin and SOlo31'16"W 551.54 feet to an iron pin set in the south right of way line of the aforementioned Fletcher Road, said point being also in the north line of lot 1 (See PB 26 Page 189 Block A Section 2); thence with the north line of said lot 1 and the north and west lines of lots 3 and 2 (See PB 33 Page 123 Block A Section 2) along five calls as follows: N56054'53"W 24.18 feet to an existing iron pin, thence along a curve to the left having a radius of 533.09 feet, an arc length of 359.20 feet (chord bearing N75056'37"W, chord distance 352.45 feet) to an existing iron pin, S84041 '31"W 103.96 feet to an existing iron pin, S04005'00"E 297.44 feet to an existing iron pin, S04005'00"E 110.01 feet to an iron pin set at the southwest corner of lot-2 (see PB 33 Page 123 Block A Section 2),said point also being the northeast corner of Gary Wayne Pollard (see Deed Book 367 Page 264 and Deed Book 1582 Page 316 and Tract 1 Plat Book 26 Page 193); thence with Pollard's north and west and south lines along three calls as follows: S86024'43"W 476.54 feet to a nail in rockpile, S29054'54"E 717.66 feet to a hub and tack in rockpile in an old road bed and S880 18' 50"E 151.54 feet to an existing iron pin at the southwest corner of George R. Hanna et al (See Deed Book 3329 Page 118 and Plat Book 43 Page 66); thence along and with George R. Hanna et al S88010'55"E 228.74 feet to an existing iron pin in the south line of Hanna; thence continuing with Hanna's south line and the south lines of Lot 4 and Lot 3 (See PB 26 Page 189 Section 2 Block B) along two calls as follows: S89044'01"E 256.15 feet to an existing iron pin and, S89042'43"E 574.36 feet to an existing iron pipe in rockpile at the southeast corner of Lot 2R ( see "Stagecoach Run" 2 . . . 119 revision of lot 2 Section 2 Block B Plat Book 52 Page 111); thence along and with the east line of Lot 2R NOI053'45"E 338.37 feet to an iron pipe in rockpile at the southwest corner of Lot 1 (See PB 26 Page 188 Section One Block B); thence with the south lines of Lot 1, Lot 2, Lot 3 and Lot 4 (See PB 26 Page 18,8 Section One Block B) along three calls as follows: S88028'00"E 184.61 feet to an existing iron pin, S88025'11"E 389.78 feet to an existing iron pin and S88030'30"E 44.48 feet to an existing iron pipe in rockpile at the northwest corner of James Terry (See DB 161 Page 40 and PB 39 Page 136 and Plat Book 80 Page Ill); thence with the west line of James Terry along two calls as follows: - SOI034'32"W 715.25 feet to an existing iron pin and SOl o34'32"W 711.57 feet to an existing iron pipe in rock pile Control Comer having localized NC Grid Coordinates NAD 83 Northing 833210.5052 feet and Easting 1974652.8023 feet (said Control Corner being located as follows from NCGS Control Monument "Grill": commencing at NCGS Control Monument "Grill" having NC Grid Coordinates NAD 83 Northing 834548.1780 feet and Easting 1975480.8590 feet, thence S03011 '10"E 1114.50 feet(grid distance) to NCGS Control Monument "Davidson" having NC Grid Coordinates NAD 83 Northing 833435.397 feet and Easting 1975542.8040 feet, thence S75049'08"W 917.98 feet(horizontal ground distance) to existing iron pipe in rockpile, the aforementioned Control Comer); thence with the north, west and south lines of James Terry along three calls as follows: N88006'55"W 618.35 feet to an existing iron pipe in rockpile, SOl032'23"W 403.66 feet to an existing iron pin and N86054'40"E 1244.28 feet (note possible deed overlap as shown on PB 49 Page 112) to an existing iron pin in the west line of Lot 7 Plat Book 27 Page 42; thence with the west and south lines of Lot 7 Plat Book 27 page 42 along three calls as follows: SOI059'31"W 39.31 feet to an existing iron pin, SOI056'52"W 186.77 feet to an existing iron pin and N86027'20"E 379.97 feet to an existing iron pin in the west right of way line ofNC Highway No. 86; thence along and with the west right of way line ofNC Highway No. 86 S09048' 14"E 291.39 feet to an existing iron pin at the northeast comer of Doris Glenn Huckabee (See DB 451 Page 142); thence along and with Doris Glenn Huckabee S88011 '20"W 438.55 feet to an existing iron pin at the northeast comer of Lot 5 (See PB 1 Page 3); thence with the north line of said Lot 5 (note possible deed overlap as shown on PB 49 Page 112) along three calls as follows: S83028'48"W 355.15 feet to an existing iron pin, S83028'48"W 741.98 feet to an existing iron pin and S83028'48"W 134.76 feet to an existing iron pin at the northwest corner of Lot 5 (See PB 1 Page 3) (note possible deed overlap as shown on PB 49 Page 112); thence along the west lines of Lot 5, Lot 4 and Lot 3 (See PB 1 Page 3) SOoo07'18"E 370.08 feet to an existing iron pin at the northwest corner of Lot C (See PB 36 Page 51 and see also Plat Book 36 Page 143); thence along and with the west line of said Lot C 3 . . . 120-- S07034'59"E 262.40 feet to an existing iron pin at the northwest comer of Woodsedge Properties LLC ( see Deed Book 1852 Page 224 and " Woods edge" Plat Book 56 Page 11); thence with the west lines of Woodsedge Properties LLC along two calls as follows: S55040'48"W 37.64 feet to an existing iron pin and SOooI8'30"E 102.82 feet to an existing iron pin at the northeast corner of W oodsedge Properties LLC ( see Deed Book 1852 Page 224 and " The Woods" Plat Book 56 Page 11); thence along and with the north line of Woodsedge Properties LLC N89059'45"W 1382.98 feet to an iron pin set at the northwest corner of W oodsedge Properties LLC in the northeast right of way line ofInterstate Highway 1-40 ; running thence along and with the northeast right of way line of Interstate Highway 1-40 along five calls as follows: N37027'49"W 193.03 feet to an existing right of way monument, N47035'51"W 238.21 feet to an existing right of way monument, N44010'21"W 105.79 feet to an existing right of way monument, N44028'28"W 218.44 feet to an existing right of way monument and N43047'22"W 31.72 feet to an existing iron pin at the southeast corner of Oliver D. Clayton et al (See DB 389 Page 267); running thence along and with the east and north lines of Oliver D. Clayton et al two calls as follows: NOl 033 '52"E 984.36 feet to an existing iron pipe in rock pile and S89050'54"W 1 023.24 feet to an existing right of way monument in the northeast right of way line of the Old Chapel Hill-Hillsborough Road (SR 1009); running thence along and with the northeast right of way line of Old Chapel Hill-Hillsborough Road (SR 1009) five calls as follows: N13052'16"W 122.26 feet to an existing right of way monument, NI2050'12"W 121.99 feet to an iron pin set, N12050'12"W 843.55 feet to an existing iron pin, N12051 '25"W 607.77 feet to an existing concrete monument and N18013'35"W 274.91 feet to an existing concrete monument at the southwest corner of Michael T. Brown Tr. et al ( see Deed Book 948 Page 223); thence along and with Brown's south line S87029'21"E 399.13 feet to an existing iron pin at the southwest comer of Hugh & Carolyn D. Moren ( see Deed Book 815 Page 254 and Tract A Plat Book 53 Page 140); thence with Hugh & Carolyn D. Moren along five calls as follows: S02022'39"E 589.17 feet to an existing iron pin, S89015'35"E 948.78 feet to an iron pin set, N05009'58"W 1310.05 feet to an existing iron pin, NI6023'07"W 722.18 feet to an existing iron pin and N33033'55"W 213.59 feet to an iron pin set; thence with Hugh and Carolyn D. Moren along four new calls as follows: ~ Along a curve to the right having a radius of 1030.00 feet, an arc length of 518.22 feet (chord bearing S89008'II"W, chord distance 512.77 feet) to an iron pin set, N76027'01 "W 114.54 feet to an iron pin set, thence a curve to the left having a radius of 470.00 feet, an arc length of 284.31 feet (chord bearing S86013'12"W, chord distance 280.00 feet) to an iron pin set and S68053 '25"W 648.76 feet to an iron pin set in the northeast right of way line of Old Chapel Hill-Hillsborough Road (SR 1009); thence 4 . . . 121 along and with the northeast right of way of Old Chapel Hill-Hillsborough Road (SR 1009) along a curve to the right having a radius of 638.77 feet, an arc length of 60.08 feet (chord bearing N23032'45"W, chord distance 60.05 feet) to an iron pin set; thence with Hugh and Carolyn D. Moren along five calls as follows: N68053'25"E 651.32 feet to an iron pin set, along a curve to the right having a radius of 530.00 feet, an arc length of 320.61 feet (chord bearing N86013'12"E, chord distance 315.74 feet) to an iron pin set, S76027'01"E 114.54 feet to an iron pin set, along a curve to the left having a radius of 970.00 feet, an arc length of 468.14 feet (chord bearing N89043'26"E, chord distance 463.61 feet) to an iron pin set and N33033'55"W 32.98 feet to an existing iron pin at a southwest corner of Charles W. Davis and James Lanier Davis ( see Deed Book 1005 Page 281 and Tract B Plat Book 53 Page 141); thence along a new line with Davis N29020'12"W 189.45 feet to an iron pin set at the southwest comer of Lot 22R (See PB 76 Page 39), the point and place of beginning and containing 335.79 acres more or less as shown on plat entitled "Annexation Plat for John Bratton, Norca Holdings, LLC, Hugh & Carolyn D. Moren, Charles W. & Ellen M. Davis and James L. & Ann B. Davis" by James W. Parker, Jr., PLS, dated May 10, 2002, Job Number 1806301 to which plat reference is hereby made for a more particular description of same. The above described parcel is located in Hillsborough Township, Orange County, North Carolina. Tracts A and B Containing 1.73 acres located in Hillsborough Twp., Orange Co., North Carolina more particularly described as follows: Beginning at an existing concrete monument at the point of intersection of the south right of way line of Rippy Lane and the southwest right of way line of Old Chapel Hill- Hillsborough Road (SR 1009) and running thence with the southwest line of Old Chapel Hill-Hillsborough Road (SR 1009) along three calls as follows: S 12051 '03"E 429.50 feet to an iron pin set, S 12051 '03"E 340.72 feet to an existing concrete monument and SI4036'50"E 98.63 feet to an iron pin set, said iron pin being S88032'02"W 121.30 feet from an existing right of way monument in the north east right of way line of Old Chapel Hill-Hillsborough Road (SR 1009) at the northwest corner of Oliver D. Clayton et al (See DB 389 Page 267); running thence from said iron pin S87002'56"W 153.62 feet to an iron pin set in the east right of way line of Rippy Lane; running thence with the east right of way line of Rippy Lane along six calls as follows: NOI048'52"E 45.33 feet to an existing concrete monument, thence along a curve to the left having a radius of 1198.30 feet, an arc length of 303.61 (chord bearing N03015'02"W, chord length 302.80 feet) to an iron pin set, N09047'04"W 75.00 feet to an iron pin set, N09047'04"W 175.83 feet to an iron pin set, thence along a curve to the right having a radius of 2238.08 feet, an arc length of 148.89 feet (chord bearing N08041 '25"W, chord distance 148.86 feet) to an iron pin set and N05049'41"W 114.06 5 . . . feet to an existing concrete monument in the south right of way line of Rippy Lane; thence along and with the south right of way line of Rippy Lane S88040'49"E 49.67 feet to an existing concrete monument, the point and place of beginning containing 1.73 acres and being all of Tract A and Tract B as shown on plat entitled "Annexation Plat for John Bratton, Norca Holdings, LLC, Hugh & Carolyn D. Moren, Charles W. Davis & Ellen M. Davis and James L. & Ann B. Davis" by James W. Parker, PLS, dated May 10,2002, Job Number 1806301 to which plat reference is hereby made for a more particular description of same. The above described parcel is located in Hillsborough Township, Orange County, North Carolina. 6 ,- 122 . . . 123 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 4. The Zoning Map of the Town of Hillsborough is hereby amended to zone +1- 337.5 acre tract of newly annexed land located generally at the quadrant formed by the following roads: Interstate 85 (north), NC Highway 86 (east), Interstate 40 and Phoebe Drive (south) and Old NC Highway 86 (west), said parcel bearing PIN 9873-04-8468, 9873-03-9577, 9873-03-8215, 9873-33-1126, 9873-43-2983, 9873-42-6534 and Portions of9873-26-3893 and 9873-15-8184 The tract is hereby zoned Entranceway Special Use in compliance with Section 2.16 of the Hillsborough Zoning Ordinance, having previously been zoned Economic Development District Limited Office 1 under the Orange County Zoning Ordinance All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 8th day of March, 2004. Ayes: 5"" Noes:~ Absent or Excused:..9- ~~ 124 AN ORDINANCE AMENDING SECTION 23 OF THE ZONING ORDINANCE OF THE TOWN OF IDLLSBOROUGH . THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 23.I.a is hereby amended to add "or phased development plan" following "plan." The sentence "Compliance with the applicable notice and hearing requirements for a Master Plan, site plan, Conditional Use Permit and a special exception permit shall be deemed to satisfy the notice and hearing provisions ofG.S. 160A-364." is hereby added to the end ofthe paragraph. Section 23.1.b is hereby amended to add the phrase "or phased development plan" after "specific. " Section 23.2 is renamed "Site Spe.cific and Phased Development Plans." The current section "a" is renumbered "c," current section "b" is renumbered "f," current section "c" is renumbered "d," and current section "e" is renumbered "g". The following are added as new subsections "a" and "b." ""Phased Development Plan" means a plan of land development which has been submitted to the Town by a landowner for phased development describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of land with a lesser degree of certainty than any plan determined by the Town to be a Site Specific Development Plan. Approval of a Master Plan pursuant to Section 2.17 of the Zoning Ordinance shall trigger a vested . rig~t. ~ Phased Development Plan shall be deemed approved upon the effective date of the permit-issuing authority's achon. "Approval of a Planned Unit Development Plan (if it involves a development to be initiated and/or completed in phases) pursuant to Zoning Ordinance Section 2.15 or of a Master Plan as part of an Entranceway Special Use District, which Master Plan meets the requirements of Zoning Ordinance Section 2.17( e), shall constitute approval of a vested right pursuant to Section 23 of the Zoning Ordinance. The vested right established shall be effective as of the effective date of the permit-issuing authority's decision approving the Plan." Section 4. Newly renumbered section 23.2.fis further amended by adding the following: "The specific requirements of other sections of the Zoning Ordinance shall be the presumptive minimum standards which applicants must meet; however, the Board of Commissioners (only) may waive those minimum requirements upon (i) the applicant's specific, written request for a waiver and (ii) the presentation of satisfactory, competent evidence by the applicant." Section 5. Section 6. . Section 7. Newly renumbered section 23.2.g is further amended by adding "or phased development plan" in three locations immediately following "specific." Section 23.3 is amended by adding "or phased development plan" in two locations immediately following "specific." Section 23.4 is amended by deleting the current paragraph "a," inserting the following language as paragraphs "a" and "b" and renumbering existing paragraph"b" to "c." . . . 125 "A Site Specific Development Plan which has been vested as provided for in this Section shall remain vested for a period of two (2) years. This vesting shall not be extended by any amendments or modifications to a Site Specific Development Plan unless expressly provided by the permit-issuing authority at the time the amendment or modification is approved." "A Phased Development Plan which has been vested as provided for in this Section shall remain vested for a period of five (5) years. This vesting shall not be extended by any amendments or modifications to a Phased Development Plan unless expressly provided by the permit-issuing authority at the time the amendment or modification is approved." Section 8. Section 23.4.c is amended by adding "or phased development plan" immediately following "specific." Section 9. Section 23.5 is hereby amended by adding "or five (5) years from the date of approval for a Phased Development Plan.)" at the end of the paragraph. Section 10. Section 23.6.d is hereby amended by adding "or phased development plan" immediately following "specific." Section II. Section 12. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of March, 2004. ' Ayes: S Noes: ..e- Absent or Excused: 0- D~~ . . . 1.~8 TOWN OF IDLLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION APPROVING THE WATERSTONE MASTER PLAN SUBJECT TO CONDITIONS OF APPROVAL AFFECTING A +/- 337.5 ACRE PARCEL OF LAND IDENTIFIED AS PIN 9873-04-8468. 9873-03-9577. 9873-03-8215. 9873-33-1126. 9873-43- 2983.9873-42-6534. and Portions of 9873-26-3893 and 9873-15-8184; TAX MAP NO. 4.49.B.5. 4.49.B.6. 4.49.B.6B. 4.49.B.14. 4.49.B.15 4.49.B.17. and Portions of 4.45..2. and 4.45..2E. WHEREAS, the Town of Hillsborough Board of Commissioners has received an application from Norca Holdings, LLC (a subsidiary of the Trump Group) as contract purchaser, for the approval of a Master Plan pursuant to Sections 2 and 23 of the Zoning Ordinance for the Town of Hillsborough ("Waterstone Master Plan") to allow the development of a +/ - 337.5 acre tract of land located generally at the quadrant formed by the following roads: Interstate 85 (north), NC Highway 86 (east), Interstate 40 and Phoebe Drive (south) and Old NC Highway 86 (west), said parcel bearing PIN 9873-04-8468, 9873-03-9577, 9873-03-8215, 9873-33-1126, 9873-43-2983,9873-42-6534 and Portions of 9873-26-3893 and 9873-15-8184; and WHEREAS, the Town of Hillsborough Board of Commissioners has referred the application to the Town of Hillsborough Planning Board in accordance with the applicable provisions and procedures of the Town of Hillsborough Zoning Ordinance; and WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners conducted a joint public hearing to consider the application for the Waterstone Master Plan on July 9, 2002, continued the July 9, 2002 joint public hearing on September 12, 2002 and on October 24, 2002, and conducted a second joint public hearing to consider the application for the Waterstone Master Plan on September 29, 2003, after giving notice as required by law of each hearing; and WHEREAS, at the aforesaid public hearings, the applicant and all others wishing to be heard in connection with the application for the Waterstone Master Plan were given an opportunity to speak.; and WHEREAS, the Town of Hillsborough has a policy of encouraging pedestrian oriented development and the utilization of mass transit where feasible and practical; and WHEREAS, to the extent practicable, the Town of Hillsborough encourages environmentally sensitive development; and Whereas, the Town of Hillsborough desires to encourage affordable housing opportunities for its citizens; and WHEREAS, the Town of Hillsborough Board of Commissioners and Planning Board has considered these policies as they apply to the Waterstone Master Plan; and WHEREAS, the Town of Hillsborough Planning Board made its recommendation of approval on March 2, 2004 to the Town of Hillsborough Board of Commissioners regarding the application for the Waterstone Master Plan; and . . . 127 WHEREAS, the Town of Hillsborough Board of Commissioners has considered the recommendation of the Planning Board and all the information and testimony presented to it at the public hearings; and WHEREAS, the Waterstone Master Plan application and associated exhibits are incorporated herein by reference; and WHEREAS, the Waterstone Master Plan is consistent with Orange County's Comprehensive Plans Land Use Element for the Hillsborough Economic Development District. NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners, on motion of Commissioner Michael Gering, seconded by Commissioner Evelyn Lloyd, this 8th day of March, 2004, as follows: 1. The Board of Commissioners has considered all the information presented to it both in support of and in opposition to the application for approval of the Waterstone Master Plan at the July 9,2002 and September 29,2003 public hearings; 2. The Board of Commissioners fmds that the Waterstone Master Plan application is complete, and, subject to the Conditions of Approval incorporated herein by reference, complies with all applicable provisions of the Town of Hillsborough Zoning Ordinance; 3. The Board of Commissioners finds that the Waterstone Master Plan addresses important Town policies including, but not limited to: (a) encouraging environmentally sensitive development; (b) encouraging pedestrian oriented development and the utilization of mass transit; and (c) preserving affordable housing opportunities for its citizens; 4. The Board of Commissioners finds that to the extent necessary to ensure that these important Town policies described in the forgoing paragraph 3 are observed, it will evaluate applications for Special Use Permits for each Parcel shown on the Waterstone Master Plan to evaluate compliance with the spirit and intent of the Waterstone Master Plan and the Conditions of Approval as they relate to these important Town policies; 5. The Board of Commissioners fmds that the Conditions of Approval are intended to preserve and/or promote the health, safety and welfare of the surrounding areas and the Town of Hillsborough in general; and 6. The Board of Commissioners resolves that upon adoption of this Resolution approving the Waterstone Master Plan, the applicant, its successors and assigns shall be entitled to a statutory vested right for a Phased Development Plan pursuant to N.C.G.S. 160A-385.1 and Section 23 of the Town of Hillsborough's Zoning Ordinance for a period of five (5) years from the date of approval. . . . 128 WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners this 8th day of March, 2004 the result of which vote was as follows: Ayes: Noes: ./ ~ Absent or Excused: ,.6J- Dated: tI3 '/ If -c y . D6~~ . . . -1.29 W A TERSTONE CONDITIONS OF APPROVAL Statement of Intent Applicable GeneraUy to Master Plan The Town of Hillsborough ("Town") encourages development that enhances the general welfare of the Town's citizens. Therefore, to the extent not specifically addressed in the Waterstone Mater Plan, or otherwise required by the Town Zoning Ordinance to be addressed as part of the Special Use Permit process, the developer of the Waterstone project, its successors and assigns, shall explain specifically the manner in which the design for improvements on each Parcel addresses the following issues at the time that applications for Special Use Permits are submitted to the Town for each Parcel depicted on the Waterstone Master Plan: (1) site lighting; (2) appropriate noise mitigation; (3) the need to accommodate public transportation; (4) the location of parking; (5) emergency vehicle access to the site; (6) buffering between different land uses; and (7) building design for land uses on the site. General Conditions Applicable to the Entire Project l. Vested Right. A vested right pursuant to G.S. 160A-385.1 and Section 23 of the Zoning Ordinance of the Town of Hillsborough is established as of the date hereof. The vested right arising from the approval of the Waterstone Master Plan shall be valid through March 9, 2009, unless such date formally is extended by the- Town Board prior to its expiration. Notwithstanding the foregoing, should the developer, its successors or assigns: (a) fail to commence any work on any portion of the property subject to the Waterstone Master Plan within 24 months of this approval; or (b) if the Water and Sewer Agreement referred to herein is terminated before all phases of the Waterstone Master Plan have been completed, then the vested right established herein shall, in the sole discretion of the Town's Board of Commissioners, terminate upon ten (10) days written notice to the developer formally exercised by a vote taken at a publicly noticed regular or special meeting of the Board. 2. Informal Concept Plan Submission. The developer shall submit to the Town a concept plan for informal review by the Planning Board prior to submitting a formal application for a Special Use Permit for any Parcel shown on the Waterstone Master Plan. 3. Affordable Housing. Parcel 3, as shown on the Waterstone Master Plan, shall be approved and developed as two separate, but contiguous pods. These two separate pods shall be referenced as Parcel 3A and Parcel 38. The specific boundaries and acreage for the fIrst of these Parcels shall be determined by the developer when Special Use Permits are approved for these two separate pods, and the two separate Parcels shall be subdivided pursuant to the Town's Subdivision Ordinance at that time. Although Parcel 3A and 3B shall be two separate parcels, the developer shall design Parcel 3 so that both Parcel 3A and Parcel 3B work together as a single community. These two separate pods shall be developed as follows: 1 130 . Parcel 3A: The developer shall be entitled to build a maximum of 104 dwelling units on Parcel 3A. These units shall be market-rate residences, and may consist oftownhomes with or without garages, and/or patio homes. Parcel 3B . . After the subdivision of Parcel 3, Parcel 3B shall be deeded to the Orange Community Housing and Land Trust or its assignee ("OCHL T"), for development, following approval of a Special Use Permit for this Parcel. Provided that it otherwise complies with the terms of the Town ordinances in effect at the time, and with the -terms of the Waterstone Master Plan, including these Conditions of Approval, OCHL T shall be entitled to build 24 townhomes that shall be marketed by OCHL T at a price that is affordable for Qualified Buyers. Qualified Buyers shalf be defined as individuals or families with gross incomes not less than 60% and not more than 80% of the median family income for the Metropolitan Statistical Area ("MSA") in which the Town is located, as determined by statistics provided by the U.S. Department of Housing and Urban Development ("HUD") as of January 1 of the year in which a dwelling unit located on Parcel 3B is purchased. That OCHL T shall establish mechanisms to guarantee that the 24 affordable townhomes shall be permanently affordable and available to Qualified Buyers. That OCHL T shall record in the Orange County Registry covenants prohibiting the owners of any of the affordable housing units located on Parcel 3B from renting these units to other persons. = The developer of Parcel 3A shall be responsible for submitting and obtaining approval of a Special Use Permit for Parcel 3B at no cost to OCHLT. The Town hereby waives any applicable Town development review and permit fees (excluding public utility capital facilities fees) that otherwise would be required to be paid in connection with the development of Parcel 3B pursuant to the Waterstone Master Plan. This waiver shall not apply if the Waterstone Master Plan is terminated or otherwise altered with respect to Parcel 38. The developer of Parcel 3A shall also be responsible for: (1) providing vehicular and pedestrian access to Parcel 3B; (2) providing any necessary cross-access easement agreements necessary for access to Parcel 3B; and (3) insuring that all public utilities are available to Parcel 3B. OCHL T shall submit architectural renderings to the developer of Parcel 3A for review and approval prior to the start of construction for dwelling units on Parcel 3B. 2 . . . 131 The deed to Parcel 3B shall be conveyed by the developer to OCHL T prior to the issuance of a Certificate of Occupancy for any of the dwelling units in Parcel 3A. The approval of a Special Use Permit to develop 24 affordable townhomes on Parcel 3B and the subsequent dedication of Parcel 3B to the OCHL T or its assignee, shall hereby fulfill all present and future obligations regarding the provision of affordable housing on any property subject to the Waterstone Master Plan. No other developer of any other property subject to the Waterstone Master Plan shall be required to provide or address the propriety of affordable housing on that property. ..: The developer shall provide OCHLT" $5,000.00 for each of the Twenty Four (24) units (for a total of $120,000) at the time of issuance of a building permit for each unit as a contribution towards the cost of construction. Nothing contained in this Condition of Approval 3, nor any failure on the part of OCHL T to comply with any applicable provision of the Waterstone Master Plan or these Conditions of Approval, shall impair or prohibit any developer of property subject to the Waterstone Master Plan from proceeding with development of property other than Parcel 3B or obtaining all necessary permits and approvals from the Town for the construction and occupancy of such development. 4. Compliance with Zoning Ordinance. The Waterstone Master Plan was submitted to the Town in compliance with the requirements of Section 2.17 of the Town of Hillsborough's Zoning Ordinance. Prior to development of any specific Parcel shown on the Waterstone Master Plan, a Special Use Permit Application for that Parcel shown on the Waterstone Master Plan will be submitted to the Town in accordance with the applicable provisions of the Town Zoning Ordinance in effect at the time the application is made; provided, however, that in the event that there are inconsistencies between the Town Zoning Ordinance and the Waterstone Master Plan at the time any Special Use Permit application is submitted, the terms of the Waterstone Master Plan shall control. The requirements of section 2.17(e) of the Town Zoning Ordinance shall be addressed in detail for each specific Parcel shown .on the Waterstone Master Plan at the time a Special Use Permit Application for each Parc~l issubmitted~o the Town for approval. Public Water and Sewer. Town public water and sewer service shall be extended to the Waterstone development by the developer pursuant to the terms and conditions of the Water and Sewer Extension and Capacity Reservation and Right-of-Way Acquisition Agreement dated March 8, 2004 by and between the Town and the developer (the "Water and Sewer Agreement"). All property subject to the Waterstone Master Plan shall be served by public water and sewer service in accordance with the terms of the Water and Sewer Agreement. Upon termination of the Water and Sewer Agreement or upon termination of the vested right established by the approval of the Waterstone Master Plan, the Town shall automatically be released from any and all obligation arising thereunder to reserve water and sewer capacity for the undeveloped portiones) of the property subject to the Waterstone Master Plan. 5. 3 . . . 132 6. Roads and Pedestrian Circulation. The following roads and pedestrian walkways, as shown on Exhibit A (Land Use Plan) and Exhibit B (pedestrian Circulation Plan) of the Waterstone Master Plan shall be constructed by the developer as part of the Waterstone development in accordance with the design details shown on Exhibit C (Roadway Cross- Sections) of the Waterstone Master Plan and the construction sequencing shown on Exhibits D, D-l, D-2, and D-3 ( the "Construction Phasing") of the Waterstone Master Plan. a._ Waterstone Drive (runs east-west through the southern portion of Waterstone). This road will be constructed as a four-lane divided median road with curb and gutter, including bike lanes and meandering sidewalks on both sides of the road. The developer shall be permitted to install landscaping within this public right-of- way. This street will be dedicated to the Town upon completion of its construction. The developer, or, in its sole discretion, a property owner and/or tenant's association to be established by the developer, will retain responsibility for the maintenance of all landscaping located within the public right-of-way in accordance with the terms of an encroachment agreement to be negotiated between the Town and the developer prior to the date on which construction is completed, and the applicable ordinances of the Town in effect on the date of dedication. b. Cates Creek Parkway (runs northeast through the northern portion of Waters tone). A two-lane road with curb and gutter, including a sidewalk on the southeast side of the road, will be constructed. The proposed Linear Park parcel and associated greenway trail will provide additional pedestrian access along the northwestern side of this road. The developer shall be permitted to install landscaping within this public right-of-way. This road will be dedicated to the Town upon completion of construction. The developer, or, in its sole discretion, a property owner and/or tenant's association to be established by the developer, will retain responsibility for the maintenance of all landscaping located within the public right-of-way in accordance with the terms of an encroachment agreement to be negotiated between the Town and the developer prior to the date on which construction is completed, and the applicable ordinances of the Town in effect on the date of dedication. The opening of the intersection of Cates Creek Parkway and the "Beckett's Ridge Drive Extension" (the as of yet unnamed extension connecting Beckett's Ridge and Old Mill Phase III) shall not occur until authorized by the Town Board. c. Northern Entry Road and North-South Spine Road (yet to be named). A two-lane road with curb and gutter, including a sidewalk on the southwestern side of the road and a greenway trail on the eastern side of the road between Cates Creek Parkway and Waterstone Drive, will be constructed. The developer shall be permitted to install landscaping within this public right-of-way. This road will be dedicated to the Town upon completion of construction. The developer, or, in its sole discretion, a property owner and/or tenant's association to be established by the developer, will retain responsibility for the maintenance of all landscaping located within the public right-of-way in accordance with the terms of an 4 . . . :-133 encroachment agreement to be negotiated between the Town and the developer prior to the date on which construction is completed, and the applicable ordinances of the Town in effect on the date of dedication. d. Mixed Use Loop Road (yet to be named). A two-lane road, with curb and gutter, including sidewalks on both sides of the road, will be constructed. The developer shall be permitted to install landscaping within this public right-of-way. This road will be dedicated to the Town upon completion of construction. The developer, or, in its sole discretion, a property owner and/or tenant's association to be established by the developer, will retain responsibility for the maintenance of all landscaping located within the public right-of-way in accordance with the terms of an encroachment agreement to be negotiated between the Town and the developer prior to the date on which construction is completed, and the applicable ordinances of the Town in effect on the date of dedication. Construction of the foregoing roads shall be permitted without a Special Use Permit. Provided, however, final pavement dimensions and cross-sections, right-of-way alignments, sidewalk cross-sections and alignments and landscaping details will be determined as part of the construction plan review process. In addition, all roads constructed on property subject to the Waterstone Master Plan which are not subject to the jurisdiction of the North Carolina Department of Transportation ("NCDOT"), shall be constructed with sidewalks and curb and gutter and shall conform to the other applicable standards required by the Town Code at the time they are constructed. On all roads in the residential use parcels identified on the Waterstone Master Plan, the Developer or its successors or assigns shall be prepared to address in the Special Use Permit process, among other issues, whether and how the proposed roads shall accommodate on-street parking. The roads which are not subject to NCDOT jurisdiction shall be dedicated to the Town upon completion. 7. SRI009 Intersection Improvements. Intersection improvements to SR 1009 (also known as South Churton Street or Old North Carolina Highway 86) and NC 86 in the entrance locations to the Waterstone project as depicted on the Waterstone Master Plan require the approval of the North Carolina Department of Transportation ("NCDOT"). The developer shall seek approval for these highway improvements from NCDOT. At the same time plans are submitted to NCDOT for approval of these improvements, the developer shall submit copies of such plans to the Town. All work required of the developer by NCDOT shall be completed before any Certificates of Occupancy are issued for any Parcels located in Phase III of the Waterstone Master Plan. Any improvements to be constructed by NCDOT in support of the developer's improvements shall not affect the issuance of certificates of occupancy by the Town for development within the Waterstone Master Plan. 8. Stormwater Facilities. All detention ponds or other storm water control devices to be located on property subject to the Waterstone Master Plan shall be reviewed and approved by the Town prior to construction, but shall remain the property and maintenance responsibility of the developer or, in its sole discretion, a property owner and/or tenants' association to be established by the developer. 5 . . . 134 9. Off-Site Sanitary Sewer Facilities. Notwithstanding anything to the contrary in Paragraph 1-8 above, and subject to the Water and Sewer Agreement, the design, installation, and construction of infrastructure as shown in Exhibit E (Off-Site Sanitary Sewer Facilities Map) shall be permitted without a Special Use Permit. Provided, however, construction of the Off-Site Sanitary Sewer Facilities shall be subject to approval of construction plans by the Town Engineers before any work begins. Timing and sequencing of the infrastructure construction shall occur pursuant to the Phasing Plan outlined in Exhibit D (Construction Phasing Plan), Exhibit D-I (Construction, Phase I), Exhibit D-2 (Construction, Phase II), and Exhibit D-3 (Construction, Phase III) of the Waterstone Master Plan and the Water and Sewer Agreement. 10. Community Park Design and Construction. The developer shall design Phases I and II and construct Phase I of an active recreation park on Parcel 5 as shown on the Waterstone Master Plan, which will be dedicated to the Town no later than December- 31, 2008 (the "Community Park"). The developer agrees to spend at least $325,000.00 on the design, development, and completion of Phase I of the Community Park, which shall include construction of one (1) children's play ground and one (1) soccer field. Final design details and specifications of Phase I of the Community Park, including the children's play ground and soccer field, will be determined as part of the Town's consideration and approval of a Special Use Permit for the development of Parcel 5. The developer's design and construction of Phase I of the Community Park shall fulfill all of the recreational obligations imposed by the Town's Zoning Ordinance or other applicable law for all of the residential development located on all of the Parcels identified in the Waterstone Master Plan. Notwithstanding the foregoing, the developer, its successors and/or assigns shall address during the Special Use Permit process, the issue of whether one or more "tot lots" or similar features should be included in the residential parcels as shown on the Waterstone Master Plan, and if required by the Town, up to two (2) "tot lots" or similar features (total area not to exceed one third (1/3) acre) will be incorporated in the Waterstone Master Plan during the Special Use Permit process for the residential parcels. 11. Voluntary Annual Contributions. The voluntary annual contribution schedule attached hereto and incorporated herein as Exhibit F is for illustrative pUrposes only. As detailed more fully below, the voluntary annual contributions are intended to offset the impacts of the Waterstone development as shown on the approved Waterst~ne Master Plan. Water Tower. The developer shall convey to the Town an area.of up to one acre at a location on Parcel 22 of the Waterstone Master Plan to be determined _by the Town and the developer before any permit is issued for Parcel 22. The deed for such parcel shall be in a form acceptable to the Town. In addition, five (5) annual contributions totaling $500,000.00 shall be made to the Town to defray the construction costs of a water storage facility which will be located on Parcel 22 as shown on the Waterstone Master Plan. The initial contribution of $100,000.00 shall be made between June 1 and June 30, 2008. Thereafter, equal contributions of $100,000.00 each shall be made annually on the anniversary date of the initial 6 . . . 13,5 contribution until the total voluntary contribution to the Town of $500,000.00 has been made. To secure payment of the voluntary cash contributions listed above, the developer will provide an irrevocable letter of credit issued by a fin~mcial institution acceptable to the Town and in a form acceptable to the Town in the amount of $400,000.00 to the Town at the same time that it makes the iffitial $100,000.00 payment. The amount of this letter of credit shall be reduced in an amount equal to each subsequent contribution made by the developer to fund construction of the Water Tower within thirty (30) days after each such contribution is received by the Town. Police Capital Contribution. The developer shall convey to the Town in fee simple Parcel 20 as identified on the Waterstone Master Plan. The deed for Parcel 20 shall be delivered in a form acceptable to the Town prior to commencement of improvements on any Parcel located within Phase II of the Waterstone Master Plan. Three (3) annual contributions totaling $105,000.00 shall be made to the Town to defray the cost of providing police services to the Waterstone Property. The developer shall make an initial contribution of $35,000.00 between June 1 and June 30, 2007. Thereafter, contribution shall be made on the anniversary date of the initial contribution for a total voluntary contribution of $1 05,000.00. To secure payment of the voluntary contributions listed above, the developer will provide an irrevocable letter of credit issued by a financial institution acceptable to the Town and in a form acceptable to the Town in the amount of $70,000.00 to the Town simultaneously with the initial $35,000.00 payment. The amount of this letter of credit shall be reduced in an amount equal to each contribution made by the developer within thirty (30) days after each contribution is received by the Town. Fire Capital Contribution. Six (6) annual contributions totaling $600,000.00 shall be made to the Town to defray the cost of providing fire protection and rescue services to the property subject to the Waterstone Master Plan. The developer shall make an initial contribution of $100,000.00 between June 1 and June 30, 2007. Thereafter, contributions of $100,000.00 shall be made annually on the anniversary date of the initial contribution for a total voluntary contribution of $600,000.00. To secure payment of the voluntary contributions listed above, the developer will provide an irrevocable letter of credit issued by a financial institution acceptable to the Town and in a form acceptable to the Town in the amount of $500,000.00 to the Town simultaneously with the initial $100,000.00 payment. The amount of this letter of credit shall be reduced in an amount equal to each contribution made by the developer within thirty (30) days after_each contribution is received by the Town. 12. Best Management Practices for Sanitary Sewer Installation. The developer shall consult with the Town during the design and planning stages, as well as during the construction, of the sanitary sewer facilities to address best management practices as defined by the North Carolina Wildlife Resources Commission (Guidance Memorandum to Address and 7 '. . . 136 Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality (August 2002)), are incorporated to the maximum extent practicable. 13. Assignment of Rights and Obligations. The developer shall be entitled to assign the rights and obligations contained in the Waterstone Master Plan and these Conditions of Approval to subsequent purchasers of any portion of the property subject to the Waterstone Master Plan, provided that any subsequent purchasers must acknowledge in writing to the Town that they have taken the property, or any portion thereof, subject to the obligations and conditions stated in the Waterstone Master Plan and these Conditions of Approval and that they agree to be bound by them. 14. Trading Path. Information available to the Town and the developer on the date of approval of the Waterstone Master Plan indicates that remnants of an old road linking the Town with the Town of Chapel Hill traverses a portion of the Property. During development of the infrastructure plans and prior to the submission of the first Special Use Permit for any Parcel within the Waterstone Master Plan, the developer shall locate the roadbed located on the property subject to the Waterstone Master Plan by field survey and shall create a video tape record of the current condition of that portion of the roadbed. The developer, its successors and/or assigns, shall also consider the possible preservation of remaining portions of the old roadbed on those Parcels subject to Waterstone Master Plan where it is identified, during the Special Use permit process for such parcel(s). 15. Park and Ride. The developer shall address in its application for a Special Use Permit for each of the non-residential Parcels shown on the Waterstone Master Plan the suitability of each such Parcel as a location for a "park and ride" facility. 16. Restrictive Covenants. Prior to recording any restrictive covenant or any other document intended to affect development on any portion of the property subject to the Waterstone Master Plan (the "Restrictive Covenants"), the developer or any other subsequent owner of any portion of the property subject to the Waterstone Master Plan shall first submit the Restrictive Covenants to the Town for review. 17. Mixed Use Parcels. The Town expects that the various parcels identified on the Waterstone Master Plan as designated for "mixed use" will incorporate and include at least some residential elements. 18. These Conditions of Approval shall supercede the terms of the Waterstone Master Plan Application to the extent these Conditions of Approval are inconsistent with the terms of the Waterstone Master Plan Application. Conditions of Approval applicable to Specific Parcels Identified on the Waterstone Master Plan: Parcel # Land Use Conditions & Other Information I Single-Family. That the developer shall be entitled to build to a maximum 8 137 . Parcel # Land Use Conditions & Other Information Detached density of 2.5 dwelling units per acre (39 dwelling units) on Residential this Parcel. . That all driveways must be connected to interior roads. There will be no driveway connections to Cates Creek Parkway. . The developer shall provide vehicular and pedestrian access to Parcel 2 from Parcell. 2 Single-Family . That the developer shall be entitled to build to a maximum Detached density of 2.5 dwelling units per acre (95 dwelling units) on Residential this Parcel. - . That all driveways must be connected to interior roads. There will be no driveway connections to Cates Creek Parkway. . The developer shall provide vehicular and pedestrian access to Parcel 1 from Parcel 2. 3 Townhomes/ . That the developer shall be entitled to build to a maximum Patio Homes density of 6.2 dwelling units per acre (128 dwelling units) on this Parcel. . · That 24 of the 128 dwelling units allowed on Parcel 3 shall be developed as affordable townhomes ill accordance with General Condition number 3 stated above. · That Parcel 3 shall be approved and developed as two separate sub-parcels known as Parcel 3A and Parcel 38. Parcel 3A shall include a maximum of 104 dwelling units. Parcel 3B shall include a maximum of 24 dwelling units. The precise boundaries of Parcel 3A and Parcel 3B, within the boundaries of Parcel 3 as shown on the Waterstone Land Use Plan (see Exhibit A), shall be determined by the developer at the time applications for Special Use Permits for Parcel 3A and 3B are considered by the Town. · That there will be no individual driveway connections from residences constructed on this Parcel to the north-south spine road shown on the Waterstone Master Plan. . 9 . . . 138 Parcel # Land Use Conditions & Other Information 4 Linear Park . Excluding the area covered by the proposed Greenway within this Parcel, the developer's dedication of this Parcel shall satisfY all open space requirements imposed by the Town Zoning Ordinance or other applicable law for all residential development located on all Parcels within the Waterstone Master Plan. . That a greenway shall be constructed by the developer in the area between Cates Creek and Cates Creek Parkway as shown on Exhibit B (pedestrian Circulation Plan) of the Waterstone Master Plan. Final alignment and design details (such as number and location of park benches and other similar amenities, if any) shall be approved by the Town during the construction plan review process. . That within thirty (30) days of completion of the greenway, the Linear Park Parcel shall be dedicated to the Town for use as a public open space park. 5 Community . That the developer shall dedicate this Parcel and all fixtures Park and equipment located thereon to the Town no later than December 31, 2008, for use by the Town as a Community Park. . That upon dedication of this Parcel to the Town, and as a condition of the Town's acceptance of such dedication, the Developer shall furnish to the Town a sworn statement indicating that the Developer has invested at least $325,000 (not including the land) in the design and construction of the Community Park. Such sworn statement shall include, at a minimum, a breakdown of the categories of the Developer's expenditures (such as, but not limited to, design, engineering, grading, landscaping and equipment) and amounts spent in each category for the Community Park. 6 Multi-Family . That the developer shall be entitled to build to a density of 12.0 dwelling units per acre (271 dwelling units) on this Parcel. - 7 Daycare . That the developer shall be entitled to build a daycare facility on this Parcel with up to 14,000 SF of floor area. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 8 Mixed Use . That the developer shall be entitled to build office, clinical, service, restaurant and retail uses on this Parcel, and that the 10 . . . 139 Parcel # Land Use Conditions & Other Information developer shall be entitled to mix these uses within a single building. . That the developer shall be entitled to build up to 60,000 SF of non-residential floor area on this Parcel, of which 20,000 SF may be used for retail uses. . That, in addition to 60,000 SF of non-residential floor area, the developer shall be entitled to build residential units above non- residential uses on any of the buildings within the Parcel. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 9 HotellRetail . That the developer shall be entitled to build up to 93,000 SF of non-residential floor area on this Parcel. . That the developer may use up to 85,000 SF of the floor area permitted on this parcel for a hotel and up to 8,000 SF for a restaurant. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 10 Office . That the developer shall be entitled to build up to 40,000 SF of office and/or clinical uses on this Parcel. . That building height(s) in the portion of the site along the Old NC 86 (SR 1009) corridor shall not exceed two stories. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. . That a combination of landscaping, grading, and location of buildings on this parcel shall be used to minimize the visibility of parking facilities and structures from the right-of-way of Old North Carolina Highway 86. . That the developer shall provide from this Parcel pedestrian access to Parcels 9 and 11, and vehicular access to Parcel 11, and vehicular access to the tract of land located immediately adjacent to the northern boundary of this Parcel. 11 Office . That the developer shall be entitled to build up to 40,000 SF of office and/or clinical uses on this Parcel. . That building height(s) on this Parcel shall not exceed two stories. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 11 . . . 140 Parcel # Land Use Conditions & Other Information . That a combination of landscaping, grading, and location of buildings on this parcel shall be used to minimize the visibility of parking facilities and structures from the right-of-way of Old North Carolina Highway 86. 12 Mixed Use . That office, clinical, service, restaurant and retail uses are allowed on this Parcel, and that these uses may be mixed within a single building. . That the developer shall be entitled to build up to 158,400 SF of non-residential floor area on this Parcel, of which 52,800 SF may be used for retail uses. . That building height(s) in the portion of the site along the Old NC 86 (SR 1009) corridor shall not exceed two stories. . That, in addition to the 158,400 SF of non-residential floor area, the developer shall be entitled to build residential units above non-residential uses on any of the buildings within the Parcel. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. . That a combination of landscaping, grading, and location of buildings on this Parcel shall be used to minimize the visibility of parking facilities and buildings from the right-of-way of Old North Carolina Highway 86. . That the developer shall provide vehicular and pedestrian access to Parcel 13 from this Parcel. 13 Retail . That the developer shall be entitled to build up to 70,000 SF of retail floor area on this Parcel. . That the impervious surface on this Parcel shall not exceed 75% of the total square footage of this Parcel. . That the developer shall provide vehicular and pedestrian access to Parcel 12 from this Parcel. 12 . Parcel # 14 15 . 16 . Land Use Park Mixed Use Community College 141 Conditions & Other Information · That the developer shall install a significant centerpiece (e.g., fountain, statue or monument) on this Parcel to serve as a symbol of the Waterstone development (the "Centerpiece"). All costs associated with the design, installation and maintenance of the Centerpiece shall be borne by the developer, or, in its sole discretion, a property owners' and/or tenants' association to be established by the developer. The specific design of the Centerpiece shall be submitted as part of the application for a Special Use Permit for this Parcel. The developer shall give special consideration to any proposed designs of the Centerpiece which are submitted by artists who reside in the Town or Orange County. · That office, clinical, service, restaurant and retail uses are allowed on this Parcel, and that these uses may be mixed within a single building. _ · That the developer shall be entitled to build up to 68,200 SF of non-residential floor area on this Parcel, of which 22,700 SF may be used for retail uses. · That, in addition to building up to 68,200 SF of non-residential floor area, the developer shall be entitled to build residential units above non-residential uses on any of the buildings within the Parcel. · That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. · That the developer shall provide vehicular and pedestrian access to Parcel 16 from this Parcel. · That a community college campus is permitted on this parcel. · That in the event that this Parcel is not selected and acquired for a Community College Campus by June 30, 2005, the alternative uses permitted on this site will be a combination of Mixed Use on the western portion of this Parcel, and an expanded Continuing Care Retirement Center (CCRC) on the eastern portion of this Parcel. (See Conditions for Parcel 17 below). The actual arrangement of these alternative uses will be finalized as part of the Special Use Permit for this Parcel. · That the amount of impervious surface on this Parcel shall be determined as part of the Special Use Permit proce~s for this Parcel. · That the developer shall provide pedestrian access to Parcel 17 from this Parcel. 13 . . . 142' Parcel # Land Use Conditions & Other Information 17 Continuing . That the developer shall be entitled to build up to 200 Care "independent living" residential dwelling units and 80 "skilled Retirement nursing and/or assisted living" residential dwelling units on Center this Parcel. (CCRC/Senior . The developer has represented to the Town that the CCRC Housing) Facility proposed for Parcel 17 will be a taxable facility (i.e., will be subject to ad valorem real property taxes), but cannot guarantee to the Town such facility will forever remain subject to real property taxes. Therefore, as part of the Special Use Permit process, the developer shall cause its architect to provide the Town with a certificate which sets forth the cost of construction of the Facility. Each tax year thereafter, the Town shall calculate the combined value of the Facility (including the cost of construction and the fair market value of the land) (hereinafter, the "Payment in Lieu Valuation"), and apply, or cause to be applied, to the Payment in Lieu Valuation (and, in the event that the CCRC facility may occupy any portion of Parcel 16, the value of the portion of the land in Parcel 16 occupied by the CCRC facility) the then current Town tax rate(s) to calculate a voluntary payment in lieu of ad valorem taxes ("Payment in Lieu Amount"). This Payment in Lieu Amount would be payable in each tax year as if the Parcel (or portion thereof) remained on the tax roll. The Town shall each year furnish, or cause to be furnished, in writing to the owner of Parcel 17, the Payment in Lieu Valuation, the current tax rate(s) and the Payment in Lieu Amount, which Payment in Lieu Amount shall be paid to the Town between January 1 and January 15 of each fiscal year. The Payment in Lieu Valuation may change from time to time during the ordinary course of property tax reassessments periodically undertaken for all properties in the Town (see conditions for Parcel 16 above). 18 Mixed Use . That office, clinical, service, restaurant and retail uses are allowed on this Parcel, and that these uses may be mixed within a single building. · . That the developer shall be entitled to build up to 122,100 SF of non-residential floor area on this Parcel, of which 40,700 SF may be used for retail uses. . That, in addition to 122,100 SF of non-residential floor area, the developer shall be entitled to build residential units above any non-residential uses on any of the buildings within the Parcel. . That the impervious surface on this Parcel shall not exceed 14 143 . Parcel # Land Use Conditions & Other Information 65% of the total square footage of this Parcel. . This Parcel shall be designed so as to provide safe and efficient pedestrian access to Parcels 14, 15, 17 and 19, and to include designated crosswalks at intersections. The design for the crosswalks shall include features that will differentiate the crosswalks from the adjacent road. 19 Office . That the developer shall be permitted to build up to 37,000 SF of office and/or clinical uses on this Parcel. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 20 Civic . That the developer shall convey this Parcel to the Town prior to the commencement of improvements on any Parcel within Phase II of the Waterstone Master Plan. . That the uses allowed on this Parcel shall be limited to, a Fire Station, Emergency Medical Service Facility and/or a Police Substation only. Other proposed municipal uses on this Parcel shall be approved in writing by the developer. . . That the floor area permitted on this Parcel shall be determined and approved by the Town at the time that a Special Use Permit application is approved for its use. . That the impervious surface on this Parcel shall be determined as part of the Special Use Permit process for this Parcel. 21 Office . That Office and clinical uses are allowed on this Parcel. . That the impervious surface on this Parcel shall not exceed 65% of the total square footage of this Parcel. 22 Retail . That the developer shall be entitled to build up to 380,000 SF of retail uses on this Parcel. . That the Special Use Permit application for this Parcel shall address pedestrian access and movement, m addition to vehicular access and movement. . · That the developer shall dedicate to the Town sufficient land within this Parcel (not to exceed one (1) acre), for the construction of a 500,000 gallon water storage tank. The location of -the water tank shall be determined no later than the date on which a Special Use Permit application for this Parcel is submitted to the Town. · That the impervious surface on this Parcel shall not exceed 75% ofthe total square footage of this Parcel. 15 . . . . . 144 Parcel # Land Use Conditions & Other Information · That the design interior roadway and/or parking shall include a "stub out" or other feature to facilitate connectivity with the property immediately adjacent to the western boundary of this Parcel. · That the developer shall coordinate with Orange County to provide a community recycling center within Parcel 22 prior to the submission of an application for a Special Use Permit for said Parcel, and that the specific location of that facility shall be determined during the Special Use Permit process. I, LJoAJAJH ;::: ,4Rm./;R/.5k~, Town Clerk for the Town of Hillsborough, hereby certifY that the Waterstone Master Plan and these Conditions of Approval were approved by the Hillsborough Board of Commissioners on the 8th day of March, 2004. ~/~~4A lerk ~ //'4~~ tl 16