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HomeMy Public PortalAbout07-10-2006 Regular Meeting July 10, 2006 Regular Board Meeting Page I of 15 Minutes Approved: September 11,2006 Town of HV1~. MINUTES HILLSBOROUGH TOWN BOARD July 10, 2006 7:30 PM, Town Barn The Town of Hillsborough held its regular meeting on July 10, 2006 at. 7:30 p.m. in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Tom Stevens, and Commissioners Brian Lowen, Eric Hallman, Michael Gering, and Evelyn Lloyd. Absent was Commissioner Frances Dancy. Staff present were Assistant Town Manager/Public Works Director Demetric Potts, Planning Director Margaret Hauth, Finance Director Greg Siler, Town EngineerlUtilities Director Kenny Keel, Police Captain Judy Jacobs, Fire Marshal/Code Enforcement Officer Jerry Wagner, and Town Attorney Bob Hornik. 7:25:50 PM Mayor Tom Stevens called the meeting to order at approximately 7:25 p.m. 1. PUBLIC CHARGE 7:25:58 PM Mayor Stevens did not read the Public Charge, but indicated it would be followed. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:26: 11 PM Steve Piscatelli, a member of the Board of Directors of the Hillsborough Youth Athletic Association (HY AA), spoke about the Town's possible purchase of the Collins land where four of their six fields were located. He provided some background about HY AA's activities and the youth they served. Mr. Piscatelli said they had two objectives; one was to raise awareness and to express their concern about the sale of this property. He said if the land were sold it would not be available to them for their activities. Mr. Piscatelli said they second objective was to let the Town know they wanted to work with the Town Board and the County Commissioners to try and preserve those fields, and if possible to expand and add one or two more fields. 7:28:50 PM Earl Tye, President of the HY AA, provided additional information regarding the Association's activities and services to youth. He said they had just completed their 35th season, and had enjoyed support from both the County and the Town over the years, as well support from the community. Me. Tye said this past season they had 47 teams consisting of children ranging in ages 5 through 15, all of whom were sponsored by a Hillsborough business. He suggested working together and finding a permanent home for the HY AA, noting it was an opportunity for a public/private partnership. Mr. Tye noted they had been talking about a permanent home for HY AA for some time, noting that last fall they had actually brainstormed on land planning for the current and additional fields and the construction of permanent facilities. He said they were eager to work with the Town, adding that they taught teamwork and sportsmanship, and did not turn any child away. July 10,2006 Regular Board Meeting Page 2 of 15 Minutes Approved: September II, 2006 7:34: 10 PM Commissioner Lloyd asked about the current owners of the property. Mr. Tye stated they knew who owned it, but it was currently under option. 3. AGENDA CHANGES & AGENDA APPROVAL 7:35:01 PM Mayor Stevens noted that Item 12.N, Consider Approval of Water/Sewer Extension Contract for Wilkerson Development (CCD Corp.), had been added to the revised agenda. He suggested moving that to the second item directly after 12.A. There was no objection from the Board. 7:36:29 PM Mayor Stevens pulled item I1.C from the Consent Agenda. Commissioner Gering noted there were several items he wished to comment on. 7:38: 18 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the agenda with the specified changes by a vote of 5-0. The motion was declared passed. 4. APPOINTMENTS A. Consider appointment of Gail Cooley to serve as the Alliance Representative on the Tourism Board 7:38:31 PM Gail Cooley provided some background to the Board of her service to the Town, noting she was excited about the opportunity to serve on the Tourism Board. 7:39:53 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to appoint Gail Cooley as the Alliance Representative on the Tourism Board by a vote of 5-0. The motion was declared passed. 7. COMMITTEE REPORTS 7:40:27 PM Cornelius Street Corridor Task Force -the Task Force has met twice and set out objectives, and had identified several areas where staff was asked to come back with additional data. He said they had taken a tour of the corridor on Saturday morning, which had proven to be an eye-opening experience. 8. REPORT FROM THE TOWN MANAGER 7:41:40 PM Assistant Town Manager/Public Works Director Demetric Potts reported on behalf of Finance Director Greg Siler that prior to enrolling in the NC Debt Setoff Program 2 years ago, the town did nothing about collecting bad water debt. Since enrolling in the Debt Setoff Program, the town has collected some $30,500 in bad water debt. Approximately $11,000 was collected in the first year and $19,500 was collected this year. The bulk of the money, $24,900 was collected by garnishing State Tax Returns. The other $5,600 was sent in by the customer as a result of receiving a Setoff letter. This program costs the Town nothing. All charges due the Clearinghouse are added to the bad debt balance and paid by the debtor. Letters are typed and mailed by existing staff during the regular work day. 2 July 10, 2006 Regular Board Meeting Page 3 of 15 Minutes Approved: September 11, 2006 9. REPORT FROM THE TOWN ENGINEER 7:44:38 PM Town EngineerlUtilities Director Kenny Keel said the West Fork Reservoir was now full and had been since mid-December. He said that water is overflowing through the spillway. Mr. Keel said no water restrictions were in place, noting they had been lifted on June 19th. Me. Keel said Lake Orange was also full at last report. Mr. Keel noted the Cates Creek Outfall was underway, with blasting occurring along the route. He said that pipe installation was expected to start in early August. Mr. Keel said only one easement remained unsecured within the Phase 2 section of the outfall, near 1-40, and they were working on a resolution. He added that no condemnation filings had been necessary so far. Mr. Keel said regarding the sewer rehabilitation, they were in receipt of the smoke testing and inspections in the Southern Seasons mill area and West Hillsborough, and were working on correcting deficiencies in the system. He said they had located a major sewer line collapse behind the commercial buildings east of Churton Street, between Tryon and King Streets, and had replaced the failed section of pIpe. 7:47:08 PM Responding to a question from Commissioner Gering regarding the WWTP/Durham PS Study, Mr. Keel stated that if any additional information were received he would share that with the Board. He said they had held their kick-off meeting and held their first monthly progress meeting, noting they meet every month to discuss progress. Mr. Keel said they were currently evaluating what they had and evaluating current facilities. 7:49:23 PM Responding to a comment from Commissioner Lloyd, Mr. Keel said we had experienced no reportable sewage spills since his June report, but had experienced some high water levels at some of the flood stations. 10. REPORT FORM THE PLANNING DIRECTOR 7:50:43 PM Planning Director Margaret Hauth stated they had contracted with Triangle J Council of Governments to conduct an outside review of Old 86 Commons. We expect to have that back by July 15. Ms. Hauth said the ads were currently running for the new planning position. 11. ITEMS FOR DECISION - CONSENT AGENDA A. Consider approval of the Minutes of the May 22,2006 Budget Workshop; the June 5, 2006 Joint Public Hearing and Budget Workshop B. Consider approval of Amendment of the Town's Job Classification Listing to include a position of Senior Planner C. Removed for discussion during Item 12, Regular Agenda. 3 July 10,2006 Regular Board Meeting Page 4 of 15 Minutes Approved: September II, 2006 D. Consideration of an Ordinance to Amend the Town Code by Adding Section 12-5 Adoption of Fire Prevention Code; Section 12-17 Sprinkler Ordinance, Section 12-17 Sprinkler Ordinance E. Consider Equipment Financing Bids and Resolution for Dump Truck Financing F. Consider amending the Town's Job Classification Listing to include positions of Utility Maintenance Technician II and Utility Maintenance Technician III 7:53:29 PM Mayor Stevens asked for a motion to adopt the Consent Agenda, with the exception of Item #11.C. 7:53:45 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board voted to approve the Consent Agenda as amended to remove item #11.C by a vote of 5-0. The motion was declared passed. 12. ITEMS FOR DECISION - REGULAR AGENDA A. Request from KDK Management to address the Board on behalf of Heritage Townhomes of Hillsborough Homeowners Association 7:54:06 PM Mayor Stevens noted that the Heritage Town Homeowners Association had asked to address the Board. Joy Harris, Community Executive Manager of KDK Property Management and representing the Heritage Townhome owners, stated that the original plans for their development showed 20 garage units, 6 of which were to be handicapped accessible. She said there was also to be 40 feet between the curb and the garage units. Ms. Harris stated the developer submitted a permit to build 18 garage units, which was approved. She said there was suppose to be 2 spaces per unit and 1 space per every 5 units. Ms. Harris said the developer constructed only 14 garage units, 4 of which were handicapped accessible, and there was only 36 feet between the curb and garage units. She said there were only 57 parking spaces in the community of which 3 were designated for handicapped parking. Ms. Harris said they believed that the developer did not provide property parking for the community, and wanted the developer to be required to add parking behind the garage units to come into compliance. Ms. Hauth noted that part of the problem was that the applicant had not built what was planned, and the Town had not conducted an on-site inspection to ensure that the applicant did what was promised. 8:07:27 PM Mayor Stevens noted that the Board would not consider item 12.N. 12.N Consider approval of Water/Sewer Extension Contract for Wilkerson Development (CCD Corp.) 8:07:34 PM Mr. Keel noted that the existing water and sewer lines would require some minor extension to serve the Wilkerson development. He said the Town desired that the project contribute to 4 July 10, 2006 Regular Board Meeting Page 5 of 15 Minutes Approved: September 11,2006 the Thalle Sewer Outfall construction, which the Town was subsidizing. Me. Keel noted that the contract was our basic agreement with some project specific modifications. Mr. Keel noted that this project needed an approved Water/Sewer Extension Contract prior to annexation in order to ensure that the project contributed to the Thalle Sewer Outfall construction, which will cross the property. He said the project was adjacent to existing Town water and sewer, and the extension of lines to serve the project should be straightforward, although no preliminary plans had been submitted. Mr. Keel noted that the Town would save $59,850, or be reimbursed that amount, by requiring the developer to pay their share of the Thalle Outfall project. He said the Town would incur some minor operation and maintenance costs upon placing these line extensions in service, but the cost would be more than offset by the water and sewer billings to the new customers. 8:14:41 PM Ms. Hauth said until they were annexed they could not be zoned, and until they were zoned they would not know how to comply. Ms. Hauth stated that if there were a property that needed to construct a significant extension in order to reach it, you would not see it moving along on that extension without seeing the development of the property. She said that was why she had asked what was meant by using the allotment, noting that building a line to the property was different. 8: 16:27 PM Mayor Stevens said it seemed like a promising strategy if we could add this to that whole package, and find an appropriate time to work on that. 8:20: 11 PM Commissioner Hallman moved, seconded by Commissioner Lloyd, the Board moved to approve the Water/Sewer Extension Contract for the Wilkerson Development by a vote of 5-0. The motion was declared passed. B. Consideration of an ordinance to annex 38.58 acres owned by CCD Corp on the west side of NC 57 between Rabbit Drive and Stroud's Creek Rd. (TMBL 4.44..1, Ib) 8:20:33 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the annexation of 38.58 acres owned by CCD Corp. on the west side of NC 57 between Rabbit Drive and Stroud's Creek Road by a vote of 5-0. The motion was declared passed. C. Consideration of an ordinance to zone 38.58 acres on the west side on NC 57 between Rabbit Drive and Stroud's Creek Rd as Light Industrial (TMBL 4.44..1, Ib) 8:21 :47 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the Town Board's Statement per NC General Statute 160A-383 that the Board has determined that the proposed rezoning of 38.58 acres of newly annexed property on the west side of NC 57 between Rabbit Drive and Stroud's Creek Road to Light Industrial is consistent with the Town's Comprehensive Plan, and that the Town Board's proposed action on the amendment is reasonable and in the public interest for the reasons stated on the Statement by a vote of 5-0. The motion was declared passed. 5 July 10,2006 Regular Board Meeting Page 6 of 15 Minutes Approved: September II, 2006 8:21: 17 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to enact the ordinance to rezone 38.58 acres on the west wide of NC 57 between Rabbit Drive and Stroud's Creek Road as Light Industrial by a vote of 5-0. The motion was declared passed. 8:25:01 PM Mayor Stevens noted that the Board would consider item #11.C at this time. 1l.C. Consideration of an Ordinance to Amend Town Code Section 12-4 False Alarms, Section 12-15 Fire Lanes, Section 12-23 Fire Prevention Inspection Fee Established, Section 12-24 Penalties and Remedies 8:25:08 PM Mr. Potts noted he had a change to make in the proposed working of Section 12-15 regarding Fire Lanes. He said in subparagraph (e), he proposed striking the phrase "and or guideline" from that subsection so that it was adopted as a requirement. Me. Potts said his second suggested amendment was to Section 12-23, having to do with Fire Prevention Inspection Fees. He said in subparagraph (a), he proposed to omit the last sentence that read, "The current fee schedule was adopted June 12, 2006." 8:26:53 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to enact an Ordinance to Amend Town Code Section 12-4 False Alarms, Section 12-15 Fire Lanes, Section 12-23 Fire Prevention Inspection Fee Established, Section 12-24 Penalties and Remedies by a vote of 5-0. The motion was declared passed. 8:27: 15 PM Mayor Stevens noted that the Board had agreed to consider the budget amendment at this time. 8:27:30 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the budget amendment by a vote of 5-0. The motion was declared passed. D. Consideration of an ordinance to amend the Hillsborough Zoning Ordinance to create "outlet sales" as a permitted use in the GI and LI districts 8:28: 15 PM Ms. Hauth noted that Vietri had approached the Town regarding a text amendment to allow them to create a regularly opened outlet sales store at their Elizabeth Brady Road warehouse. She noted that the proposed language had been discussed at the June 5 public hearing. Ms. Hauth stated that the Planning Board had unanimously recommended approval of this change, including the re-write of the definition so the first phrase was a complete sentence. She remarked this amendment would allow the Town's distribution and manufacturing businesses to offer limited sales of their products on their sites. 8:30:04 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to enact the ordinance to amend the Hillsborough Zoning Ordinance to create "outlet sales" as a permitted use in the GI and LI districts by a vote of 5-0. The motion was declared passed. E. Consideration of an ordinance to amend the Section 3.8 of the Hillsborough Zoning Ordinance to authorize special exception permits from building heights 6 July 10,2006 Regular Board Meeting Page 7 of 15 Minutes Approved: September II, 2006 8:30: 13 PM Ms. Hauth explained that this amendment to Section 3.8 of the Zoning Ordinance would authorize special exemption permits from building heights. She said that Orange County had filed an application to amend the Zoning Ordinance to allow the proposed justice facility expansion as designed. Ms. Hauth noted that presently the height limit in the Office/Institutional zone was 40 feet, noting there were not clear records to indicate how or why this height was selected. She stated that when the ordinance was written, height limits ranged from 35 feet to 60 feet and had remained mostly unchanged. Ms. Hauth said the text amendment would apply to most County and Town facilities within the Town as well as Triangle Hospice and the office on East Corbin Street. She said that only buildings constructed prior to 1986 would be eligible to apply. Ms. Hauth stated that the Planning Board unanimously recommended approval of this amendment, with the addition of Section 6 requiring Historic District Commission approval prior to Board of Adjustment review for buildings within the Historic District. 8:30:57 PM Upon a motion by Commission Lowen, seconded by Commissioner Lloyd, the Board moved to approve the ordinance to amend the Section 3.8 of the Hillsborough Zoning Ordinance to authorize special exception permits from building heights by a vote of 5-0. The motion was declared passed. F. Consideration of an ordinance to amend the Town Code to amend the definition of "junk car" 8:31:22 PM Ms. Hauth noted approval of this ordinance would amend the Town Code to amend the definition of '~unk car." She said the amendment was proposed by staff to correct conflicting language in the Zoning Ordinance and the Town Code, as well as to introduce limited flexibility to the previous zero tolerance policy. Ms. Hauth said currently there were 47 properties in violation of the current ordinance language that defined junk cars to include those without current tags and inspections. She said the vast majority of these cars appear simply to be parked on the resident's property, with no outward sign that they are not routinely used. Ms. Hauth said this ordinance amendment would allow resident's more flexibility to keep a car with a reasonable appearance on their property. 8:32:33 PM Commissioner Gering said he would entertain revisiting this ordinance, noting there may be specific cases that might violate the ordinance but were not considered a nuisance in the neighborhood. 8:33:58 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the ordinance to amend the Town Code to amend the definition of "junk car" by a vote of 5-0. The motion was declared passed. G. Consideration of an ordinance to amend the Hillsborough Zoning Ordinance to have the definition of a "junk car" to match the Town Code definition 7 July 10,2006 Regular Board Meeting Page 8 of 15 Minutes Approved: September 11, 2006 8:34: 10 PM Ms. Hauth stated this ordinance would amend the Hillsborough Zoning Ordinance to have the definition of a "junk car" match the Town Code definition. She said that this amendment referred directly to language in the Town Code to limit the chance for the two documents to get out of sync in the future. 8:34:33 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to enact the ordinance to amend the Hillsborough Zoning Ordinance to have the definition of a "junk car" to match the Town Code definition by a vote of 5-0. The motion was declared passed. H. Consideration of contract amendments with Site Solutions, Inc. to change the scope and focus to Gold Park 8:34:46 PM Ms. Hauth stated that the Town currently had a contract with Site Solutions of Charlotte to prepare construction drawings of Riverwalk and a concept plan for Gold Park. She said since the Town shifted focus to Gold Park for the PARTF application, additional design work was needed to move forward with construction at Gold Park. Ms. Hauth said the proposed contract amendments would accomplish that. Ms. Hauth said the existing contract with Site Solutions was for $49,000, of which $32,100 had been paid. She said the fees in the new contract were part of the budgeted figure for Gold Park. 8:37:01 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the contract amendments with Site Solutions, Inc. to change the scope and focus to Gold Park by a vote of 5-0. The motion was declared passed. I. Review and discussion of proposed enforcement schedule for the Crocker family property on US 70 Bypass 8:37:50 PM Ms. Hauth said the Board had directed the staff to investigate methods to address numerous violations and concerns at the property adjacent to the Kerr Drug on US 70 Bypass. She noted that the Hillsborough Minimum Housing Code can be used in the ETJ and does address the concerns about building safety, occupancy without utilities, junk accumulation, and others present on the property. Ms. Hauth said since this property was highly visible, a Board priority, currently occupied and owned by both local and distant heirs, the staff wanted to inform the Board of the steps and time frame the staff intended to use to bring the property into compliance. Ms. Hauth noted that to the best of their knowledge the structure was currently occupied by family members without any utility services, noting the integrity of the structure was of great concern. She said they wanted to ensure the building was secured or removed prior to the onset of cold weather, which would heighten the concern for fire on the property. Ms. Hauth remarked that it was very likely the Town would have to be actively engaged in removing the violations and structure from this site to ensure long-term compliance, and that would likely require the entire code enforcement budget for this fiscal year. 8 July 10,2006 Regular Board Meeting Page 9 of 15 Minutes Approved: September II. 2006 J. Provide direction to staff regarding zoning enforcement action at 229 West Tryon Street 8:48:20 PM Ms. Hauth noted that this address was the location of the modular office being used by Orange County Schools for the Partnership Academy. She said one condition of the permit to allow the continued presence of the building was that the building would be removed and the site returned to its original condition by June 30, 2006. Ms. Hauth stated the School Board had petitioned the Board of Adjustment for a time extension to allow the completion of the new building. Since all Board of Adjustment actions carry a supermajority vote, she said, the motion to extend the time to December failed with only three positive votes, when four were required. Ms. Hauth stated the deadline had passed, and it was her understanding that the building was empty and not in use. She said that as of the morning of July 5, Orange County had notified the leasing agent that the structure needed to be removed, and all of their property had been removed from the building. Ms. Hauth said she had requested to be kept updated on the status. 8:49:56 PM Commissioner Gering said he was disappointed that they had to contact the County Schools to find out the status of this. He said the trailer would be moved and the neighbors would be pleased, but it was an unfortunate situation. He said we could fine them, but then taxpayers' money goes from one pocket to the other, which does not accomplish anything. Commissioner Gering said we could set a better example than that. 8:51: 18 PM Commissioner Gering said just as information there had been talk that the structure would be demolished and the area used as a small park. He said he hoped that something nice would be placed there. K. Receive Planning Director's recommendation about changes to scheduling and organization topics to implement a number of Board directives 8:52:34 PM Ms. Hauth said her memorandum to the Board highlighted the various items of interest or concern to various advisory boards. She noted those issues include design, scheduling, site plan reviews, some board responsibilities, and advisory board missions. Ms. Hauth proposed a more comprehensive, but short term, study of these topics together. For example, Ms. Hauth said, as we prepare to re-write the Zoning Ordinance, we can investigate the advisability of also creating and adopting a design manual to integrate many of the provisions of the Churton Street Plan, Strategic Growth Plan, and other design components the Town is interested in. Ms. Hauth recommended that the Board appoint a working group off Town Board and advisory board members to propose changes that address the concerns. She said starting with the mission statements and the duties/responsibilities staff could work with the committee to work through the areas of concern listed in the memorandum and craft options for improving the schedule and organization of the Town's advisory board. Ms. Hauth said this work should be completed by the end of the calendar year, but added the timeframe would depend on the degree to which topics were discussed and availability for scheduling. She said recommendations from the working group would be reported back to the Town Board and advisory boards. 9 July 10,2006 Regular Board Meeting Page 10 orI5 Minutes Approved: September 11,2006 L. Consideration of approval of Tourism Grants for: .:. Orange County Historical Museum - Conservation and interpretation of Hillsborough/ Orange County History ($19,266) .:. Burwell School Historic Site - Tourism programming ($22,266) .:. Hillsborough Arts Council - Event Support for Last Fridays ($5,766) .:. Hillsborough/Orange County Chamber of Commerce - Event support for Hog Day/Candle- light Tour/Parade ($7,050) .:. Alliance for Historic Hillsborough - Supplemental funding support for paid advertising ($8,500) 8:59:23 PM Commissioner Gering said these were the result of their yearly process, and would be happy to answer questions. 9:0 I :59 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the Tourism grants by a vote of 5-0. The motion was declared passed. M. Discussion of Hot Topic Items for July Workshop 9:05:31 PM Mayor Stevens asked if the Board needed to hold the July 24th workshop. By consensus, the Board responded no. 9:06:57 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to cancel the July 24th workshop due to the quarterly joint public hearing with the Planning Board scheduled for July 25th by a vote of 5-0. The motion was declared passed. 13. CLOSED SESSION Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board voted to approve the settlement agreement with the Chevrolet Dealership by a vote of 5-0. The motion was declared passed. 14. ADJOURN 9:23:00 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adjourn the meeting by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 10 July 10,2006 Regular Board Meeting Page II of 15 Minutes Approved: September II, 2006 OR.biIJPrnU- -#- O)?/).;loob. tJ7. Jf) - /).-C, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HlLLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: WHEREAS, an application has been made for the rezoning of the property herein; and WHEREAS, the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and WHEREAS, the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section I. The Zoning Map of the Town of Hills borough is hereby amended to zone 38.58 acres on the west side on NC57 between Rabbit Drive and Strouds Creek Rd as Light Industrial (TMBL 4.44..1, lb). Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 10'h day of July, 2006. Ayes: f Noes: ..e- Absent or Excused: / I I July 10,2006 Regular Board Meeting Page 12 of 15 Minutes Approved: September II, 2006 -... "-' --- tJl2/JiiiJlJIJU IF ~O()t. {)'l-/tJ -- J,;l,j) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLS BOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 25 of the Hillsborough Zoning Ordinance is hereby amended by adding the following: Outlet sales: Ancillary sales of products on the same premises where the products are manufactured or packaged for distribution. Outlet sales areas may not exceed 10% ofthe building space on the parcel. Parking spaces shall be provided for outlet sales area using the same formula as retail sales and be conveniently located to the sales entrance. Section 2. Section 3.4.1 of the Hillsborough Zoning Ordinance is hereby amended by adding "outlet sales" as a use and allowing it at a use by right in Generallndustrial and Light Industrial districts. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 10th day of July, 2006. Ayes: ~ Noes: ~ Absent or Excused:L- 12 July 10,2006 Regular Board Meeting Page 13 of 15 Minutes Approved: September 11,2006 '-.. '",-" '......... !J/!I)MJ/771Ce II- t/"etJ ~()(" lJ1,/f) -/;('{3 AN ORD.INANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS: Section I. Section 3.8 of the Hillsborough Zoning Ordinance is hereby amended by adding the following: f) The Board of Adjustment may issue a Special Exception Permit pursuant to the requirements in Section 3.6.4 to authorize an addition to an existing building to exceed the height limits set forth in Section 3.5 when it concludes that: I) 2) The building is located in the Office Institutional district and is a legal non-conforming structure in regard to the Office Institutional height limit. The total height of the addition including any roof elements does not exceed the height of the maximum height including any roof elements of the original, non-conforming building. There are sound architectural, structural, historical, or other reasons why the proposed structure should be allowed to exceed the normal height limits; Any adverse imoact on neighboring properties is insignificant or is substantialIy outweighed by the hardship suffered by the applicant if the Special Exception Permit is denied, and Adequate fire protection can be provided. The Historic District Commission bas granted a Certificate of Appropriateness for the project if it is located within the Historic District. 3) 4) 5) 6) Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this lOth day of July, 2006. Ayes: I- Noes: ~ f // Absent or Excused:-L- LJ ~~ D'bnna F. Armbrister, Town Clerk 13 July 10.2006 Regular Board Meeting Page \4 of 15 Minutes Approved: September] \, 2006 -. ........... (JRDiI\lIt1llC.E #tJ~D()OO{P. 01./0 -/.Jv-p AN ORDINANCE AMENDING SECTION 11 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 11-1.3 of the Town Code is amended to read as follows: Junked motor vehicles. A motor vehicle that exhibits two or more of the following criteria: (i) is partially dismantled or wrecked, (ii) cannot be self-propelled or moved in the manner in which it was originally intended to move (iii) is more than five years old and appears to be worth less than one hundred dollars ($100.00) (iv) does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on the public roads. Section 2. Section 11-30 of the Town Code is amended by adding "(enclosed meaning 3 solid walls, closable doors, and a roof)" following "enclosed building" and "Any residential lot may have no more than one vehicle that exhibits one of the criteria listed in the definition of '~unked motor vehicle" provided the vehicle doesn't otherwise violate Section 11-31 of this code." at the end of the paragraph. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following voLe and was duly adopted this 10th day of July, 2006. Ayes: ' if . Noes: ~ Absent or Excused:--L..- ~~ Donna F. Annbrister, Town Clerk -- 14 July 10,2006 Regular Board Meeting Page ]5 of 15 Minutes Approved: September II. 2006 '- ""'- .......... ORbjIJknlCL #- .f)~J.fJ{)/.;. &1./0 -/J.-a- AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 25 of the HiUsborough Zoning Ordinance is hereby amended to as follows: Junked and Wrecked Motor Vehic\e- As defined in Section 1].1 of Ule Hillsborough Town Code Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 10th day of July, 2006. Ayes: ~ Noes: _ Absent or Excused:-L- ]5