HomeMy Public PortalAbout11-08-2004 Regular Session
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Minutes
November 8. 2004 Regular Board Meeting
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Minutes Approved: December 13. 2004
Town
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MINUTES
illLLSBOROUGH TOWN BOARD
November 8, 2004
7:30 PM, Town Barn
The Hillsborough Town Board held a :regular meeting on November 8, 2004 at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Eric Hallman, Michael' Gering, Brian Lowen, Frances Dancy, and Evelyn Lloyd.
Staff present were Town Manager Eric Peterson, Assistant Town Manager/Public Works
Director Demetric Potts, Town Clerk Donna Armbrister, Planning Director Margaret Hauth,
Finance Director Greg Siler, Town En&ineer Kenny Keel, and Town Attorney Bob Hornik.
Mayor Joe Phelps called the meeting to order at approximately 7:30 PM.
1. PUBLIC CHARGE
Mayor Phelps did not read the Public Charge, but indicated that it would be adhered to.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no audience comments.
3. AGENDA CHANGES & AGENDA APPROVAL
Commissioner Hallman requested to add an Item regarding the Transportation Advisory
Committee.
Mayor Phelps added discussion regarding volunteer boards as Item Q.
4. APPOINTMENTS
A. Consider re-appointment of Dani Black to serve a second 2-year Term on the tourism
Board as a Restaurant Appointee with a term ending 11-2006
Commissioner Hallman requested attendance information.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board re-
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appointed Dani Black to serve a second 2-year Term on the tourism Board as a Restaurant
Appointee with a term ending 11-2006 by a vote of 5-0. The motion was declared passed.
B. Consider appointment of Town.Board Member to serve as Town Representative to the
Chapel Hill/Orange County Visitors Bureau Board
7:35:43 PM Commissioner Dancy stated that she has been the Town's Representative and she
is willing to continue to serve if the Board wishes.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved
to reappoint Commissioner Dancy to s~rve as Town Representative to the Chapel Hill/Orange
County Visitors Bureau Board by a vote of 5-0. The motion was declared passed.
5. APPROVAL OF THE MINUTES OF THE OCTOBER 11, 2004 REGULAR BOARD
MEETING AND THE OCTOBER 11,2004 CLOSED SESSION
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to approve the Minutes of the October 11, 2004 Regular Board Meeting and the October 11,
2004 Closed Session as presented by a vote of 5-0. The motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
7:37:30 PM Town Manager Eric Peterson updated the Board on a drainage issue on Daphine
Drive.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented update on current water and sewer projects.
8. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of an Ordinance amending the Development Regulations to require a
Special Use Permit for Cluster Subdivisions
7:46:00 PM Planning Director Margaret Hauth reminded them that the amendments were
drafted at the Town Board's request to provide additional guidance and management of
subdivisions applying under the cluster standards to help ensure the intent of the Ordinance is
met. She stated that the Planning Board discussed this amendment at their November 15t
meeting and unanimously recommended approval.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to adopt the Ordinance amending the Development Regulations to require a Special Use Permit
for Cluster Subdivisions as presented by a vote of 5-0. The motion was declared passed. A copy
of the Ordinance Amendment is hert(by incorporated by reference and made a part of these
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official Minutes as an Attachment.
B. Consideration of an Ordinance amending the Zoning Ordinance definition of a
Restaurant "C" and allow such restaurants in the Neighborhood Business zone with a
Special Use Permit
7:47:55 PM Planning Director Hauth presented the Ordinance Amendment for the Board's
consideration. These Amendments allow small scale restaurants to open within the
Neighborhood Business district after the issuance of a Special Use Permit. The request was
initiated by Sinclair Station, but will apply to all properties zoned NB. Hauth reported that the
planning Board discussed this Amendment at their November 1 st meeting and unanimously
recommended approval. '
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board
moved to adopt the Ordinance amending the Zoning Ordinance definition of a Restaurant "C"
and allow such restaurants in the Neighborhood Business zone with a Special Use Permit as
presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance
Amendment is hereby incorporated by. reference and made a part of these official Minutes as an
Attachment.
C. Consideration of an Ordinance amending the Zoning Ordinance to allow multi-family
dwellings in the General Industrial district when the conversion will involve reuse of an
historic industrial building with' a Special Use Permit
7:51 :28 PM Planning Director Hauth stated that this amendment will provide an avenue for an
applicant wishing to renovate an historic industrial site to residential use. The amendments
allow apartment, condominiums, or Itownhomes individually or in any combination. The
applicant would have to seek a Special Use Permit from the Planning Board and Town Board
and provide documentation on how the project meets the approval findings of fact in addition to
the standard criteria. Hauth stated that the Planning Board discussed this amendment at their
November 1 st meeting and unanimously recommended approval.
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance amending the Zoning Ordinance to allow multi-family dwellings in the
General Industrial district when the conversion will involve reuse of an historic industrial
building with a Special Use Permit as presented by a vote of 5-0. The motion was declared
passed. A copy of the Ordinance Amendment is hereby incorporated by reference and made a
part of these official Minutes as an Attachment.
D. Consideration of an Ordinance to amend the Hillsborough Zoning Map to rezone 9.896
acres with access to Rencher Street from Residential-40 to Residential-l 0
7:53:17 PM Planning Director Hauth reported that this request was heard at the October
Public Hearing. Six neighbors in Cameron Estates and one on Rencher Street spoke against this
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proposal. The submitted protest petition was not sufficient to trigger a super majority vote on
this request. The Planning Board discussed this request at their November 1st meeting and
unanimously recommended approval.
Planning Director Hauth reported that as with all general purpose rezonings, a development plan
cannot be bound to this request. Any future subdivision plan would be reviewed by both the
Planning Board and Town Board with a required neighborhood meeting before the application is
considered complete. The subdivisiqn regulations require buffers between developments of
different zonings (Orange High School) and lot sizes (Cameron Estates).
Hauth stated that this project was not .previously anticipated and was not included in the most
recent water capacity analysis. Asswriing 40 single-family homes, the average daily use would
be about 8,000 gpd before peaking and water loss.
7:58: 17 PM Applicant, Allen Knight fielded questions from the Board.
Commissioner Lowen expressed his c(mcerns with the proposed access coming off of Rencher
Street. I
8:03:03 PM Elaine Parker, local business owner, addressed the Board and stated that these
homes are extremely close together. She expressed her concerns with the traffic that will be
caused by using the proposed access.
8:07:20 PM Maxine Foster, local resident, reiterated Ms. Parker's comments.
8:09:25 PM Debbie Stuart, local resident, stated she would like to see the community stay the
same.
Commissioner Hallman asked Mr. Knight ifhe would be willing to consider a zoning ofR20.
Mr. Knight stated that he did not know.
Planning Director Hauth reminded the Board that mobile homes are permitted on any residential
lot in town.
8:20:36 PM Commissioner Gering expressed his concerns with the traffic and buffers. He
stated that he preferred the R20 zoning with proposed cluster development.
8:21:18 PM Town Attorney Bob Hornik stated that the Board could consider zoning the
property to a less dense zoning district, but it is not clear cut how that would work in this
instance. The zoning can be "played with" a little bit as long as it doesn't turn it into a new
application that is so different than what was originally applied for. That significant of a change
could necessitate having to go through the Public Hearing process again. He stated that he was
reluctant to say that changing the zoning from RIO-R20 would be something the Board could
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vote on tonight based on the Public Hearing which was held two weeks ago. That is a big
enough difference to run a risk of being challenged on it.
8:22:44 PM Mayor Phelps agreed with the traffic and access concerns mentioned.
8:28:37 PM Mr. Knight requested the Board defer action on this request until a later time.
8:29:00 PM Upon a motion by Cominissioner Gering, seconded by Commissioner Lowen, the
Board moved to defer decision of this Item indefinitely by a vote of 5-0. The motion was
declared passed.
E. Consider approval of a Water/Sewer Extension Contract for Willowbend Subdivision
Project
8:29:36 PM Town Engineer Kenny Keel presented the Water/Sewer Extension Contract for
the Board's consideration and stated that the contract is the Town's basic agreement with some
project specific modifications. This project has been approved and needs to have an approved
Water/Sewer Extension Contract for .further plan review and construction to proceed. The
project is adjacent to existing Town ""ater and sewer, and the extension of lines to serve the
-project is straightforward. The Town will incur some minor operation and maintenance costs
upon placing these line extensions in ~ervice, however, the cost will be more than offset by the
water and sewer billings to the new customers.
8:31:13 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board approved the Water/Sewer Extension Contract for Willowbend Subdivision Project as
presented by a vote of 5-0. The motion was declared passed. A copy of the Water/Sewer
Extension Agreement is hereby incorporated by reference and made a part of these official
Minutes as an Attachment.
F. Consideration of Change Order Request for Bridge No. 67241 On Exchange Club Park
Lane
8:31 :33 PM Assistant Town Manager/Public Works Director Demetric Potts reported that
Stone Restoration is requesting a Change Order for labor and materials and related cost to
accomplish a full depth replacement of 300 square feet of sidewalk and spandrel support on the
superstructure and a six day contract extension on time. Change Order No. 3 increased the
Contract fee to $182,059.00 and Change Order No.4 is in the amount of $10,435.00. If
approved, the Contract fee will amount to $192,494.00.
8:40:22 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to approve Change Order Request for Bridge No. 67241 as presented by a vote of
5-0. The motion was declared passed. A copy of the Change Order Request is hereby
incorporated by reference and made a part of these official Minutes as an Attachment.
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G. Consideration of a Proposal for Professional Services GIS-Link Pavement Condition
Survey
8:40:41 PM Assistant Town Manager/Public Works Director Demetric Potts reported that in
April of 2004 the Public Works Bepartment staff met with a representative from US
Infrastructure of Carolina (USI) to diScuss a proposal for engineering work associated with a
pavement condition survey. USI had previously prepared a survey for the Town with the [mal
document/report delivered in April 1993. In the Spring/Summer of 2000, interns from the UNC
Masters of Public Administration Program performed an assessment of the Town streets and
from the data collected, developed a 1 0 Year re-Paving Plan which has been used for direction in
street re-surfacing with minor modifications through November 2004.
Assistant Town Manager Potts stated that the Public Works staff feels that there needs to be a
more comprehensive survey/assessment of the Town streets that will provide additional
information to help staff make more informed decisions related to street maintenance. USI has
proposed to provide a pavement condition survey which will be linked to the Town's GIS
centerline database of all street segments within the Town of Hillsborough owned or maintained
by the Town once the GIS database is developed.
Deliverables from USI includes an Executive Summary and report that will identify system
pavement condition by major distress and street classification (high or low volume). The report
will provide Summary Tables contaimng recommended maintenance activities and estimated
costs by activity based on unit mainte~ance costs that will be supplied by the Town. USI will
provide two copies of a report listing street segments sorted by Pavement Condition Rating
priority in addition to an alphabetical street listing of segments. USI will also provide a
Microsoft Access query program (USI-TPA) which will allow the Town to sort the master
database by PCR, high or low volume, street name, and to generate an estimate of maintenance
costs for specific streets, distress types or recommended maintenance. USI will also provide the
Town with a digital copy of the final shape file containing completed condition inventory data,
PCR, recommended maintenance activities and cost information for our records, along with an
electronic copy of the written report.
8:52:39 PM By consensus, the Board authorized staff to proceed with obtaining a new
proposal for this work and bring back to them for consideration.
H. Receive Update on Transportation Enhancement Program and Consider authorizing
Transportation Enhancement Grant Submittal
Assistant Town Manager Potts reminded the Board that in April of 2004 the Board of
Commissioners authorized staff to submit application for a Transportation Enhancement Grant
for the construction of a sidewalk along Nash Street (SR 1156). Total cost for the project was
$350,000 of which the Town was required to provide a 20% match ($70,000).
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He reported that the Town received ;notification on October 8, 2004 that its application for
Transportation Enhancement Program - 2004 Call for Projects (Nash Street [SR 1136]
Pedestrian pathway/Town of Hillsborough Sidewalk Master Plan) was not selected for funding
during the 2004 Call for Projects. Potts requested guidance and direction from the Board on how
to handle the 20% match ($70,000) for'the project that had been budgeted.
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Commissioner Lowen suggested the fuhding be returned to the General Fund.
Commissioner Hallman suggested the money be set aside for a sidewalk plan.
Commissioner Gering stated he is anXious to see the sidewalk plan put into action. Gering
requested staff bring back a proposal for a sidewalk plan to be implemented within the next 12
months using this $70,000 for the Board to consider.
I. Consider setting a schedule for the destruction of old Board Meeting audio recordings
9:00:05 PM Town Clerk Donna Armbrister reported that the Clerk's Office has audio tapes of
Town Board meetings going back to 1995 and there is beginning to create a storage space issue.
She explained that there is no legal requirement to record the meetings at all, so there is no
records and retention to follow for disposal. Armbrister requested guidance from the Board
regarding how long the Board would like to see the audio recordings kept.
9:01 :24 PM Town Attorney Bob' Hornik confirmed Armbrister's report of no legal
requirement for recording.
9:03:31 PM After a brief discussion~ and upon a motion by Commissioner Dancy, seconded
by Commissioner Lowen, the Board moved to direct the Town Clerk to keep audio recordings
back to January 1,2001 and to establish disposition schedule of3 years.
J. Consider adopting a Memorandum of Agreement with Orange County regarding
Planning for the Fairview Park Project and Master Planning for the entire site to Include
Locating Public Works Facilities for the Town and County
9:05:28 PM Town Manager Eric Peterson presented the Memorandum of Agreement for the
Board's consideration. He stated that approval of a Memorandum of Agreement between the
Town and County is necessary to start the Master Planning Process for the site of the Fairview
Park, County Parks Operations Base, and the Town and County Public Works Facilities by
establishing a Master Plan Committee. Once the planning process is completed, the
Memorandum of Agreement then includes the proposed "land swap" between the Town and
County to take place to allow for the construction of the new Motor Pool and Public Works
Facility. The Memorandum of Agreement has been reviewed by the Town Attorney and Town
Manager multiple times in coordination with the County Attorney and the county staff.
9:06:05 PM Town Attorney Bob Hornik stated that there are 3 changes in the Agreement that
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the County adopted last night from what appeared in the Board's agenda packet. He reviewed
these changes for the Board. .
9:13:20 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, The
Board moved to approve the Memorandum of Agreement as approved by Orange County and
appointed Commissioner Lowen and Mayor Phelps to serve on the Master Plan Committee with
Commissioner Lloyd serving as an alternate by a vote of 5-0. The motion was declared passed.
K. Receive Information and Update on Police Chief Selection Process Necessitated by Chief
Eubanks Retirement in April 2p05
9: 13:55 PM Town Manager Eric Peterson informed the Board that Police Chief Eubanks will
be retiring at the end of April 2005 and in order to have a new chief hired and on the job by early
June, the process needs to be well under way by December. He stated that he has already been
working on various components of the selection process.
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Mayor Phelps stated that he would like to see the amount of time that the Town would have an
"acting Chief' be as short as possible. .
L. Discuss Preparations and Date for FY2006-08 Budgetary Planning Retreat
9:20:30 PM Manager Peterson suggested holding the FY2006-08 Budgetary Planning Retreat
on Saturday, February 5th. Mayor Phelps stated that he would check on the availability of the
Piedmont Electric Membership Corporation's Conference Room.
After a brief discussion and by consensus the Board approved the February 5th date and
scheduled the Retreat from 9:00 AM to 2:00 PM, and agreed to have multiple breaks and one
facilitator.
M. Provide Direction to Staff Regarding Recognition for the Town's Volunteer Board
Members
9:24:33 PM Town Manager Peterson announced that our bank can offer us American Express
Gift Certificates. The denominations begin at $25 and then go to $50. There is a per certificate
charge of $2.50 each and they need to be ordered in advance. The order will take 2-3 weeks to
process.
Commissioner Dancy recommended using the $25 amount.
By consensus, the Board authorized staff to obtain the American Express Gift Certificates in the
amount of $25 and prepare a letter for all Town Volunteer Board Members.
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9:27:07 PM ADDED ITEM: Transportation Advisory Committee
Commissioner Hallman informed the Board that the Transportation Advisory Committee has
grant money available for mitigation areas. Grant requests must be submitted to the TAC by
Noon on December 1st. Funding is for issues related to air quality. Commissioner Hallman
suggested requesting funding to work with OPT to run a trolley from the Community College
through Town and back every 15 minutes throughout the day.
By consensus, the Board agreed.
9:31 :54 PM ADDED ITEM: Carillon Retirement Facility
Planning Director Margaret Hauth reported that Carillon has received the sign off from the state
on the foundation and footings. She believes outstanding issues have been resolved and that the
project will move forward.
Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board
authorized staff to prepare a letter to go to the County outlining what the hardships were if
necessary by a vote of 5-0. The motion was declared passed.
. 9:37:48 PM ADDED ITEM: Appointment process
Mayor Phelps led a discussion regarding volunteer board meeting attendance.
N. Discuss Possible "HOT TOPICS" for the November Workshop
By consensus, the Board agreed that the "Hot Topics" for the November Workshop would be:
-volunteer board appointment process and attendance policy
-Oakdale Village project
-Former Hines Liner property development proposal
-annexation snapshot
9. CLOSED SESSION
A. Closed Session as authorized by North Carolina General Statute Section 143-
318.11.(a)(6) to Conduct the Town Manager's Annual Performance Evaluation
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved
to go into Closed Session to Conduct the Town Manager's Annual Performance Evaluation by a
vote of 5-0. The motion was declared passed.
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Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by
Commissioner Lloyd, the Board moved to award the Town Manager 3.5% salary increase
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retroactive to Sept. I, 2004 by a vote of 5-0. The motion was declared passed.
Town Attorney Bob Hornik updated Board on the Robins asphalt lawsuit. He stated that by
Thanksgiving, the Town should know whether or not Mr. Robins will appeal the court's
decision.
Attorney Hornik reported that an appellate brief will be filed this week on the Corbinton
Commons lawsuit.
Hornik stated that Mediation is scheduled for December 14th for the Colonial Inn lawsuit.
10. ADJOURN
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to adjourn at 10:33 PM by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
Donna F. Annbrister, CMC
Town Clerk
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AN ORDINANCE AMENDING THE ZONING ORDINANCE
AND SUBDIVISION ORDINANCE OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 3.5 of the Hillsborough Zoning Ordinance is amended by adding the following
language:
The dimensional requirements established by Section 3.5 of the Zoning Ordinance may be modified
with the approval by the Board of Commissioners of a special use permit for a "cluster subdivision"
in accordance with Section 4.9 of the Town of Hillsborough Subdivision Ordinance. Applications for
special use permits for a "cluster subdivision" shall be subject to the standards and procedures
established for special use permits in the Zoning Ordinance, in addition to the standards established
for cluster subdivisions in the Subdivision Ordinance. In the event of a conflict between the
standards, the more restrictive standard shall apply.
Section 2.
Section 4.9 ofthe Town of Hills borough Subdivision Ordinance is hereby amended to add the
following language to Section 4.9:
Notwithstanding any language in the Subdivision Ordinance to the contrary, cluster subdivisions may
be permitted by the Board of Commissioners, but only upon the issuance of a special use permit for a
cluster subdivision in accordance with Section 3.5 of the Zoning Ordinance.
. Section 3. Section 4.9.1 of the Town of Hillsborough Subdivision Ordinance is deleted in its entirety,
and the following is substituted in its place:
4.9.1 Intent.
Cluster developments are intended to allow flexibility and originality in subdivision design; facilitate
the reasonable use and development of land having difficult physical conditions or characteristics or
topography, the presence of flood plains, or other unique natural features; to respect the physical
qualities of the land; to reduce the overall costs to the public of the development; to preserve open
space; and to serve recreational, scenic and other public service purposes. It is the intent of these
regulations to permit, as more particularly set forth in the se regulations, variations of the lot and yard
dimensional requirements without increasing the density of development of the land provided that the
area not included in the proposed lot becomes recreational space or common open space preserved for
the benefit of the residents of the subdivision and/or dedicated for public use.
Applicants for cluster developments shall submit, together with their preliminary plat application, an
application for a special use permit in accordance with Zoning Ordinance Section 3.5 and Zoning
Ordinance Sections 4.38 through 4.47. Applications for cluster subdivisions must satisfy all
applicable standards of both the Subdivision Ordinance and the Zoning Ordinance before a special
use permit for the cluster subdivision may be granted.
. Section 4.
Section 4.9.5 of the Town of Hillsborough Subdivision Ordinance is deleted in its entirety,
and the following is substituted in its place:
4.9.5
Approval of Preliminary Plan for Cluster Subdivision.
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An applicant seeking preliminary plat approval for a cluster subdivision must demonstrate that the cluster
subdivision meets the following criteria, in addition to the standards established in the Zoning Ordinance for a special
use permit:
(a) The preliminary plan must clearly identify in narrative form and on the preliminary plan the
nature and location of the difficult physical conditions on the property that make the property
suitable for cluster treatment. The applicant shall also demonstrate that the property includes
"irreplaceable natural features" such as, but not limited to, streams, significant stands of trees,
individual trees of significant size and/or species, uncommon plant communities, wildlife
habitats and rock outcroppings which will be preserved if the cluster subdivision is approved;
(b) Individual lots, buildings, and streets must be designed and situated so as to preserve the
"irreplaceable natural features" identified by the applicant and to accommodate, address
avoid, or lessen the impacts of the "difficult physical conditions" on the property;
(c) Cluster recreation space shall be easily accessible to pedestrians, including the handicapped;
(d) If cluster open space is intended to be preserved for scenic value, then the applicant shall
demonstrate how the cluster open space advances this intent;
(e)
The applicant shall demonstrate, how the configuration of the lots on the preliminary plan
advance the goal of preserving irreplaceable natural features better than a conventional lot
layout would;
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(f)
Up to one-fourth (1/4) of the land with slopes greater than 15% may be removed or altered
only when the removal or alteration of such contours will not adversely affect the design of
the subdivision.
Section 5.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 6.
This ordinance shall become effective upon adoption.
The foregoing ord!~ce having been submitted to a vote, received the following vote and was duly
adopted this 2iJJ. day of ~ ' 2004.
Ayes: 6'
Noes: .p-
Absent or Excused: ..(;-
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Donna F. Armbrister, Town Clerk
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AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 25 of the Hillsborough Zoning Ordinance is hereby amended by deleting
the last sentence in the definition of the term "restaurant" and adding the
following:
Class C restaurants offer seating capacity for 20 persons or less and may offer carry out
and/or delivery of food and beverages.
Amend Section 304.1, Permitted Use Table, to indicate that "restaurant, C" is a
Special Use within the Neighborhood Business district.
Add the following as subsection 1 0 in Section 4A8A.f, Specific standards by use,
Restaurant:
Restaurants proposed in the NB zone shall provide information about their seating
capacity, hours of operation, provision of drive-up or delivery service, on-site food
preparation, special events offered, and service of alcoholic beverages so the use's
compliance with the intent of the Neighborhood Business district.
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 November, 2004.
Ayes: 6'
Noes: ~
Absent or Excused: I:J
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Do a F. Armbrister, Town Clerk
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AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
0)
Section 2.
Section 3.
Section 4.
Section 4.48.4 of the Hillsborough Zoning Ordinance is hereby amended to add the
following language in a new subsection "0":
Multi-family Residential (in the GI district)
a. An applicant may seek approval to convert an existing or former industrial building to
multi-family housing if the building fayade will retain sufficient detailing and
characteristics as to retain its industrial character. In addition to all other required
submittals for special use permits set forth in Section 4.48 of the Zoning Ordinance,
applicants seeking a special use permit under this subparagraph must include with their
application elevations showing the existing building facade and the proposed building
fayade.
b. Proposed multi-family dwellings may be any combination of apartment, townhomes,
and/or condominiums approved by the Board of Commissioners.
c. Application materials shall indicate compliance with the relevant requirements for
apartment, townhome, and/or condominium developments as required by this ordinance.
d. An applicant may include retail, service, and/or office uses in the permit request which
encompass up to 30% of the floor area of the project.
e. The Board of Commissioners shall carefully consider the potential impacts on proposed
residences of any existing industrial uses in the immediate vicinity and may deny an
SUP for multi-family uses if they deem the development incompatible with the existing
industrial use. In addition, the Board of Commissioners must consider the potential
impact of any other use permitted as of right in the district on the proposed residential
use before it may find the proposed use to be compatible with the district. The Board of
Commissioners may deny the SUP for multi-family residential use if the Board
determines that such use, at the proposed location, would not be compatible with any
other use(s) permitted in the district.
Section 3.4.1, Permitted Use Table is amended to indicate "dwelling, multi-
family," as a special use within the General Industrial district.
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 November, 2004.
Ayes: 6"
Noes: ~
Absent or Excused: -I}-
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onna F. Armbrister, Town Clerk
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NORTH CAROLINA
ORANGE COUNTY
TOWN OF HILLSBOROUGH
WATER/SEWER EXTENSION CONTRACT
THIS CONTRACT is entered into this _ day of , 2004, by and
between Hopper Construction (hereinafter the "Developer") and the Town of Hillsborough, a
North Carolina municipal corporation (hereinafter the "Town"):
WHEREAS, the Developer proposes to extend the Town water and sewer system to serve
Willowbend Subdivision (hereinafter the "Project''); and
WHEREAS, the Developer has agreed to pay certain costs associated with the proposed
extension; and
WHEREAS, at its meeting held , 2004, the Hillsborough Town
Council authorized the proposed extension subject to execution of this agreement and
compliance with its terms;
NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns
of each of them agree:
.
(1) Subject to Developer's compliance with the terms and conditions set forth herein,
and subject to Developer obtaining any necessary approval from the State of North Carolina or
any other agency or authority, the Town will permit the connection of improvements constructed
for the above-referenced project to the Town water and sewer systems.
a) The Town reserves the right to refuse to allow connection to or use of the
Town water and/or sewer system (i) when such connection would cause the
Town's system or the operation thereof to be in violation of any applicable state
or federal requirement; or (ii) for reasons not known or foreseen by the Town at
the time this contract was executed that would create a clear and present danger to
the public health or safety. Reasons for refusal to allow connection shall include,
but not be limited to, lack of water supply or lack of capacity of one or more
components of the water or sewer system.
b) The Town's authorization to connect to the Town's water and sewer
system under this agreement shall expire if (i) substantial (i.e. more than token)
construction of the project has not begun within two years from the date upon
which this contract was executed; (ii) after construction begins, construction
ceases for a continuous period of at least one year (unless a result of an action by
the Town); or (iii) the extension to be constructed pursuant to this contract has not
been connected to the Town's system in accordance with the requirements set
forth herein within three (3) years from the date upon which this contract was
executed.
. (2) Nothing in this contract shall be construed as constituting express or implied
approval ofthe Project by the Town under any applicable Town zoning, subdivision, or other
land use ordinance.
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(3) The Developer agrees to comply with or satisfy the following terms and conditions
as well as those set forth in Appendix A and acknowledges that the Town's authorization to
connect the proposed extension to the Town's system is specifically contingent upon compliance
with or satisfaction of the same. If these conditions are not met, the extension agreement will be
rendered null and void and the Developer will need to re-negotiate a new contract for extension
of service from the Town.
A. General Conditions:
I. Unless otherwise explicitly and specifically stated, Developer shall bear the costs
and expenses of all of the obligations and duties created by this contract,
including without limitation, engineering and legal fees incurred by the Town in
connection with the proposed extension.
2. The Town will permit the physical connection of the extension to the Town's
water or sewer system only after all of the conditions set forth in Sections B and C
and any additional conditions appended hereto have been satisfied.
3.
The Town shall own and maintain the improvements constructed under this
contract after they are dedicated and accepted. However, if within one year of the
date that the offer of dedication of the extension constructed pursuant to this
contract is accepted, or within one year of the date of completion of all
construction for each phase, whichever occurs later, defects in workmanship or
materials are discovered in work done pursuant to this contract by or for the
Developer, the Developer shall see that such defects are promptly corrected at the
Developer's expense. Construction and warranty bonding shall be as required by
current Town policies.
4. The Town may make or authorize extensions or connections to or from any of the
improvements constructed pursuant to this contract without permission of the
Developer.
5. Developer's construction of improvements pursuant to this contract shall not
relieve Developer ofthe obligation to pay applicable fees under the Town's water
and sewer policies, except as amended by Appendix A.
6. Developer's construction of improvements pursuant to this contract does not
affect the Town's policy with respect to the fees to be paid to the Town by
property owners other than Developer for connection to the improvements
constructed by Developer pursuant to this contract. Nor shall Developer have any
right to collect fees from persons connecting onto or extending the improvements
constructed under this contract.
7.
Water and sewer service which meet minimum State standards will be provided to
this development. The Town makes no other warranty as to any particular water
quality, quantity or pressure to be provided.
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8.
All fees and charges to be paid pursuant to this contract shall be calculated in
accordance with the fee schedule in effect when the fees and charges are paid.
9.
This contract 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
acknowledgment of its obligations and responsibilities under this agreement.
However, this contract is specific to the Project described above and any change
or alteration in the approved intended use, i.e. residential and commercial
development, of such project shall, absent the written consent of the Town, void
this contract.
10. The words "line" or "lines" shall include "main or "mains" unless the contract
otherwise requires. "Sewer" means "sanitary sewer."
11. This contract shall be deemed made in and shall be construed in accordance with
the law of North Carolina. Any dispute between the parties of this agreement may
be referred, at the request of the Town, for binding arbitration through the private
Adjudication Center at Duke University.
B. Pre-Construction Conditions
1.
The Developer shall engage a licensed Professional Engineer to prepare plans and
specifications for the construction of water improvements and/or sanitary sewer
improvements to serve the Project.
2. The Developer shall secure approval of the construction plans by the following
agencies or authorities, to the extent applicable:
Town Engineer/Utilities Director
North Carolina Department of Environment and Natural Resources
North Carolina Department of Transportation
3. The Developer shall obtain any necessary encroachment agreements or easements
for use of property not owned by the undersigned Developer or project owner.
C. Construction Conditions:
1. Unless otherwise provided in this contract, all construction shall be in accordance
with Town policy, standards and specifications.
a) The Town shall designate the size and type of material for all water and
sewer lines.
b)
All work shall be subject to inspection by the Town. No line may be
covered up until such inspection has taken place and if any line or facility
is covered up prior to inspection, the Town may require such line or
facility to be uncovered or exposed to view at the Developer's expense to
facilitate such inspection.
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c)
The Town will require any testing to determine that the work complies
with Town standards and specifications. All such testing shall be at the
Developer's expense.
d) The Developer's Engineer shall provide construction observation.
e) An Engineer's representative shall be onsite each day that meaningful
work is performed and shall prepare daily logs to be submitted weekly to
the Town Engineer.
f) All construction shall be performed by a contractor licensed to perform
this type of work in North Carolina.
g) The Contractor shall have a field superintendent onsite at all times during
construction.
2. The Developer shall bear the total cost of all water and/or sewer construction
within the Project and the total cost of all water and/or sewer construction
required to extend service to the project.
D.
Post-Construction Conditions:
Before the Town will allow water to flow to the project or permit use of the Town sewer
system to serve the project, Developer shall:
1. Furnish the Town three printed copies and one electronic copy of the record
drawings, together with:
a) the contractor's affidavit that the drawings accurately represent the as-built
improvements, and
b) a certificate of compliance executed by the Professional Engineer of
record indicating that work has been performed in substantial compliance
with the approved plans and specifications.
c) a Contractor's Affidavit and Release of Liens from all subcontractors and
materialmen.
d) a Warranty from a viable Surety in the name of the Town of Hillsborough
for a period of 1 year from the date of completion of all construction for
the project.
2.
Convey to the Town and record or cause to have recorded in the Orange County
Registry all deeds of easement and plats showing all water and/or sewer
easements required to serve the project.
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3.
Formally dedicate to the Town all physical improvements constructed to serve the
project that is the subject of this contract, which improvements shall become part
of the Town water and sewer system and will thereafter be owned and maintained
by the Town.
IN TESTIMONY WHEREOF, the parties hereto have executed this Contract in duplicate
originals, as of the day and year first above written.
HOPPER CONSTRUCTION
TOWN OF HILLSBOROUGH
By:
Jim Hopper
President
By:
Eric J. Peterson
Town Manager
ATTEST:
ATTEST:
Town Clerk
Donna F. Armbrister
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Greg Siler, Finance Director
List of Appendices:
Appendix A (p. 6 of contract)
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Project:
WILLOWBEND SUBDIVISION
TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT
APPENDIX A
Developer agrees to satisfy the following conditions in addition to those set forth in the
WATER/SEWER EXTENSION CONTRACT before the Town will permit the connection of
improvements constructed for the above referenced project to the Town water and sewer system:
1) The Project shall consist of 1 Phase having 16 new single family residential lots. All capital
facilities fees shall be paid prior to construction of the water and sewer utilities. Capital
facilities fees shall be charged at the prevailing rate at the time fees are paid.
2) Public water and sanitary sewer facilities for the project may include, but not be limited to,
approximately 1,100 LF of 8-inch water main, and approximately 1,500 LF of 8-inch
gravity sewer. Minimum 8-inch diameter tie-ins shall be made to the Town's water system
at NC Highway 57 and at NC Highway 86. Minimum 8-inch diameter tie-in shall be made
to the Town's sewer system at Rencher Street Pump Station.
3) All utilities shall be installed per Town Specifications & Details after the plans are approved
by the Town Engineer and applicable State agencies.
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STONE RESTORATION OF AMERICA
CHANGE ORDER REQUEST
To: David B. Hoff, PE
TranSystems Corporation
75 Beattie Place, Suite 400
Greenville, South Carolina 29601
Town of HiIlsborough
P.O. Box 429
HiUsborough, NC 27278
Bridge No. 67241 Exchange Park Lane
Contract Date: June 14, 2004
.
Change: Labor and materials and related cost to accomplish the following
1. Full depth replacement of 300 square feet of side walk and spandrel support on
superstructure
2. Six days contract extension time from October 29,2004
Cost: Ten Thousamlfour hundred thirtyfive dollars and 00/100
Prepared by: Stanley Trulove
Date: Thursday, October 21,2004
$10,435.00
Accepted by:
(signature)
(pri",> JDt ?htlf5>
Date: 1116 t{)t{
.
2601 WILKINSON BLVD. CHARLOTIE, NC 28208 * 704-697-9909 * fax: 704-697-0996
.
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CHANGE ORDER
449
Order No. 004
Date: October 2l, 2004
Agreement Date: June 14, 2004
Name of Project: Bridge No. 67241 On Exchange Club Park Lane
Owner: Town of Hillsborough
Contractor: Lambert Holding DBA Stone Restoration of America
The following changes and additions are hereby made to the Contract Documents. Add
the work as outlined on Attachment No. A for Change Order No. 004.
Justification: The extensive sidewalks and superstructure replacements that have
occurred. While pictorial documentation was very extensive it was difficult to capture all
the areas needing repairs. During the demolition the sidewalk damage continued to the
superstructure below and required complete removal.
Change to Contract Price:
Original Contract Price
Contract Price per Change order 003
The Contract Price due this Change
Will be Increased by
The New Contract Price including this
Change Order will be
Change to Contract Time: Six (6) Calendar Days
New Contract Completion Date: October 28, 2004
Accepted By: Town of Hillsborough
Accepted By: Stone Restoration of America
John J. Lambert Sf., President
Change Order No. 004
$176,759.00
$182,059.00
$ 10,435.00
$192,494.00
Date:
Date-LI !0/D~_
Date: