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