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HomeMy Public PortalAbout03-10-2008 Regular MeetingMarch 10, 2008 Regular Meeting Approved: Ap~•il 14, 2008 Page I of 54 Town 1' of 1 ills " ~ ~ _~ gh MINUTES HILLSBOROUGH TOWN BOARD March 10, 2008 7:00 PM, Town Barn Present: Mayor Tom Stevens, Commissioners Michael Gering, L. Eric Hallman, Frances Dancy, Evelyn Lloyd, and Brian Lowen Staff present: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Nichole Ard, Town Clerk/Director of Admin & Hr Donna Armbrister, Planning Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Finance Director Greg Siler, Police Chief Clarence Birkhead, Fire Marshal Jerry Wagner, Public Works Supervisor Ken Hines, Budget Analyst Emily Bradford, and Town Attorney Bob Hornik. Mayor Tom Stevens called the meeting to order at 7:04 p.m. 1. PUBLIC CHARGE 7:04:53 PM Mayor Stevens did not read the Public Charge, but noted it would be abided by. PRESENTATION Presentation of Resolution Honoring the Public Service of George Campbell 7:05:34 PM Mayor Stevens read the resolution honoring the public service of George Campbell, noting he had served 6 years on the Parks and Recreation Board and had worked continually in support of the Gold Park project, including pursuing engineering drawings for the pedestrian underpass and meeting with the NC Railroad to secure permits for that underpass. Mayor Stevens said that Mr. Campbell had offered countless volunteer hours to the Town of Hillsborough in support of parks and walkability. 7:06:59 PM Mr. Campbell made a few brief statements regarding his 6 years on the Parks and Recreation Board, and thanked the Board for this recognition. NCLM Clock 7:08:39 PM Mayor Stevens stated the Town had received a clock from the NC League of Municipalities, in recognition of 25 years of risk management services. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:09:38 PM No audience comments were received. March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 2 of 54 3. AGENDA CHANGES & AGENDA APPROVAL 7:09:45 PM Town Manager Eric Peterson recommended pulling Item 7.F, an Ordinance to Amend Section 12-18 of the Town Code regarding Combustible Landscaping Materials, from the Consent Agenda to allow a representative from the NC Pine Needles Association to meet with Town officials to discuss alternatives. He said this item would likely come back to the Board sometime in April. Mr. Peterson pulled the late item that was to be added to the Agenda from Orange County regarding Smoking in Facilities. 7:12:08 PM Mayor Stevens pulled Item 8.0, Consideration of Commercial Solid Waste Collection Franchise, so that additional information could be obtained. 7:13:10 PM Commissioner Lowen added a discussion regarding additional access to Fairview and the Fairview Live event in June. 7:13:48 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the Agenda as amended by a vote of 5-0. The motion was declared passed. 4. COMMITTEE REPORTS (Critical) 7:14:30 PM Commissioner Dancy she had provided the list of legislative issues to the Council of Governments on Friday. 7:14:40 PM Mayor Stevens stated the Upper Neuse River Basin Authority was working on this year's budget, so a figure would soon be provided to the Town. 5. REPORT FROM THE TOWN MANAGER The Town Manager indicated he had no report to offer. 6. DEPARTMENTAL REPORTS 7:15:12 PM Town Engineer/Utilities Director Kenny Keel stated he had received the TTHM sample report, and the Town was still in compliance, although the levels were creeping upward which was to be expected with the long drought. He said their level was currently 70 parts per billion, with the limit at 80 parts per billion. Mr. Keel said that was not yet of any great concern. Mr. Keel said the rain in the past week had totaled 3.4 inches at the dam, which raised the level of water by 2.7 feet, equivalent to 134 million gallons gained in the last week or 17.2%. He said they were now just under 67% full, which added 70 days to their water supply for a current total of 260 days as of today. 2 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 3 of 54 7:16:32 PM Commissioner Dancy wondered how someone had gotten a bed sheet in the sewer system, referring to the reported sewer spill at the manhole at Exchange Club Park. Mr. Keel responded you found all kinds of things in a sewer. 7:16:49 PM Commissioner Lloyd asked about Lake Orange. Mr. Keel stated his last report was 2 weeks ago, before the rain, and the Lake was a little more than 3 feet down. He said he would not be surprised if they were full or close to full after the recent rains. 7. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the August 28, 2007 Joint Workshop; the January 17, 2008 Joint Public Hearing; the January 28, 2008 Monthly Workshop; the February 11, 2008 Regular Town Board Meeting; and the February 11, 2008 Closed Session B. Consider re-appointment of Eric Oliver to a 3-year term on the Board of Adjustment C. Adopt a Resolution to Orange County recommending reappointment of Tommy Sikes to the Board of Adjustment D. Consider acceptance of Millstone 2 (PLK, LLC) Sewer utilities and start one-year warranty period E. Change one WWTP Operator position to Utility Mechanic F. Consider adoption of Ordinance to Amend Section 12-18 Combustible Landscaping Materials in the Town Code G. Consider approval of a Sexual Assault Awareness Month 2008 Proclamation H. Consider approval of financing of Gold Park Phase I through Branch Bank & Trust I. Consider accepting Dedication of Water & Sewer Easements at Gateway Center Project Item F was removed. 7:18:33 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Consent Agenda as amended by a vote of 5-0. The motion was declared passed. 8. ITEMS FOR DECISION -REGULAR AGENDA A. Tree Board Presentation 1. NC Champion Big Tree 7:19:09 PM Holly Reid, a member of the Tree Board, recognized Ken Hines who provided staff services to the Tree Board, and thanked him on the Tree Board's behalf for that service. Ms. Reid stated the NC Forest Service had a program called the NC Big Tree Program, which identified and celebrated the biggest trees in the State that were native or naturalized, and brought them to the attention of the public to help steward them. She said the previous State champion tree had recently died from a lightening strike, making the Osage orange tree located on the Burwell School property the largest of its species in the area. Ms. Reid stated the tree was 92 feet tall, 127 inches in circumference with a 63 foot crown. March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 4 oP 54 Ms. Reid noted that Jake Pressley and Mark Bost of the NC Forest Service had nominated this tree unbeknownst to the Tree Board, which was wonderful, and they had received a certificate naming the Hillsborough tree the Big Tree Champion. On behalf of the Tree Board and the NC Forest Service, she presented the certificate to the Mayor, noting it would be hung in the Town Barn. Ms. Reid provided some details of the history of the tree as well as photographs. 2. Preservation of trees impacted by the Nash Street Sidewalk Project 7:25:37 PM Phil Ray, Chair of the Tree Board, stated there were trees that would be impacted by the Nash Street Sidewalk Program that were worth saving, although some were questionable. He asked the Town Board to consider alternative methods to sidewalk construction that required digging out, forming up and pouring concrete. Mr. Ray said such methods included gravel sidewalks, rubber sidewalks, porous asphalt, plastic grid pavers, and even bridges. Mr. Ray said the time had come to consider methods that would allow the tree roots to move without breaking through the concrete and. causing hazards. He said they wanted to preserve the trees along Nash Street that could be preserved by using one or more of those alternative methods. 7:29:08 PM Mayor Stevens said he believed the Town would want to take a look at those alternative methods to see what might be appropriate. Mr. Ray said there were long-term cost benefits to using alternative sidewalks because of the cost and liabilities involved with tree structural damage over time. 7:29:34 PM Mr. Peterson said the Board could direct staff to work with a consulting engineer to develop some options for the Town to consider in the areas that were sensitive with trees they wanted to preserve. 7:30:00 PM Assistant Town Manager Nicole Ard stated they had already started that work by working with Mike Neal, the engineer for the sidewalk project. She said they had attempted to identify trees that could be saved and those that would not survive the construction, and had requested that Mr. Neal look at alternative methods for construction. Ms. Ard said a community meeting had been held about two weeks ago with members of the Nash Street neighborhood, and it had become clearer that they wanted to preserve as many trees as possible. She said Mr. Neal would be keeping that iri mind as work progressed. 7:31:30 PM Joe Rees, a member of the Tree Board but speaking as a concerned citizen in the neighborhood of Nash Street, stated it would be preferable for the Town to hire a Certified Master Arborist to oversee the investigation there, and to be present when construction activities occurred near trees. He called attention to materials provided to the Board from the University of Rhode Island which gave information about ways to save trees by using permeable construction materials. 4 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 5 of 54 Mr. Rees also provided information from the Urban Forestry Division of the NC Division of Environment and Natural Resources regarding the possibility of a grant to cover extra costs involved when using one or more alternative methods of construction. He said with the drought there was a moratorium on planting trees, and now was not a good time to let trees go. 7:35:35 PM Commissioner Gering asked had these alternative methods been discussed by the Tree Board. Mr. Rees stated not yet, although the Board had visited the site but discussion had not yet taken place due to time constraints. B. Consideration of Arts Council Request to expand Last Fridays vendor locations 7:37:35 PM John Delconte, Chair of the Arts Council Last Fridays Committee, stated they were undertaking an important change this year for the Last Fridays events. He said they had decided to formally manage the booths in downtown Hillsborough to improve safety and make it easier on the vendors by having assigned spaces and regular times for set up and tear down of their booths. Mr. Delconte said in order to do that, they were expanding the event permit to cover the whole downtown area, which would range from West Union to Margaret Lane going north to south, and from Wake Street to Cameron Street going west to east. Mr. Delconte said to do that, they were requesting that they be able to direct booths to be set up in the desired areas. He called attention to the materials provided which showed the booth spaces being proposed. 7:40:12 PM Mayor Stevens asked would one permit cover the entire area, noting that the Burwell School as well as the Presbyterian Church frequently held events during Last Fridays. Mr. Delconte said they had been in discussions with the Church, but did not yet have all the details regarding the Church's desire to block that front portion off. 7:41:02 PM Commissioner Lloyd asked about the proposed vendor area. Heather Delisle, an Arts Council member, responded they were trying to alleviate any vendor from any entity just setting up on the sidewalk. She said the Police Department had requested better monitoring of the vendors, so this was an effort to do that which they believed would require expanding the vendor area. Ms. Delisle said this was just a way to create some borders, and they had no intention of interfering with the Burwell School or the Church. She noted the booth spaces were limited to 54 this year, and they would be advertising the new procedures including the vendor process and applications. 7:44:00 PM Commissioner Gering asked about the "politician's square" concept. Ms. Delisle said part of that was to use the space around the Courthouse as best as they could, since that space was awkward and did not lend itself to 10x10 spaces. She said because of that they had decided to give politicians an 8x4 space to set up tables for information purposes and for discussion with citizens. 7:46:53 PM Police Chief Clarence Birkhead stated that he believed the plans would achieve the stated purposes. He said they had not yet heard back from NCDOT regarding approval to close East King Street, but did not anticipate that being a problem. 5 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 6 of 54 C. Consideration of an Ordinance amending the Zoning Map to designate 2.5 acres on Cornerstone Court as Entranceway Special Use rather than Limited Office (TMBL 4.40.A.8t) 7:47:35 PM Town Attorney Bob Hornik reminded the Board that this was a Conditional Use Rezoning request, with Item C being the rezoning and Item D being the Special Use Permit in the event that the rezoning was adopted. 7:47:59 PM Mayor Stevens stated they would be considered as two separate items, but for the purposes of the discussion they would be combined. 7:48:06 PM Planning Director Margaret Hauth said the request was to rezone 2.5 acres on Cornerstone Court and NC 86 to Entranceway Special Use, as well as to submit the development plan for the SUP for the new Auction House. She reminded the Board that a Section 160A-383 statement would need to be approved for the rezoning which would specify the reasons for which the rezoning request did or did not meet the Land Use Plan and plans for the Town. Ms. Hauth noted that the speakers at the public hearing had spoken generally in favor of the request, and the Planning Board did unanimously recommend approval. 7:50:24 PM Commissioner Hallman asked for some history on the Carillon sidewalk and how that had been resolved. Ms. Hauth stated that was an SUP, and the Board had requested a sidewalk along the frontage of Orange Grove Road and the applicant was hesitant to do that. She said the SUP condition said that within a certain timeframe of being notified by the Town or the State that sidewalks would be installed along the frontage of Orange Grove Road, then they must install it along their frontage. Ms. Hauth said when the Town came to a project, then the applicant would do a project. 7:51:18 PM Mayor Stevens asked was there an issue about having an existing sidewalk if DOT came in and replaced in. Ms. Hauth said when DOT widened the road, if there was an existing sidewalk they would automatically replace it as part of their project. She said what was unclear was that anytime there was a widening project the Town requested that it include sidewalks and bikeways, but since they had not yet had such a project go through, she did not know if the State would request from the Town acost-share on that project. Ms. Hauth said the Planning Board had discussed the sidewalk and the options, recognizing that the ordinance did require sidewalks along both frontages, recognizing the topography difference, and recognizing that there was the potential widening of NC 86. She said the Planning Board had recommended a condition that the sidewalk be constructed along NC 86 only and not on Cornerstone, but that it be pushed as far west in the right-of--way as possible so that ideally it would be where it should be when a widening project came through,. Ms Hauth said that condition included that the handicap ramp be installed so that someone walking south along NC 86 could get back down to Cornerstone and continue walking along the side of the pavement. She said there was a further condition that because the steep slope would make it impossible to put in a handicap accessible sidewalk across the property line, if that site to the west redeveloped 6 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 7 of 54 and the slope was adjusted then the owner at that time would build the Cornerstone piece of the sidewalk. Mr. Hornik said the applicant was agreeable to that condition. 7:54:26 PM Jim Parker, Summit Engineering, stated when they had presented the plans to the Planning Board they had requested three waivers. He said that night they had agreed to amend the waivers, with one being the water quality. Mr. Parker said the lots were designed with a stormwater device already in place, which did not improve the quality but controlled the runoff and controlled the erosion. He said the Planning Board had agreed to allow the requirement for water quality to continue and therefore let the waiver disappear. Mr. Parker said since that time they had looked at the cost of trying to implement water quality on site as well as pay down of quality to the State, and had determined the cost was about $12,000. He said tonight, they were requesting that the Town consider allowing them to continue that waiver by not providing on-site water quality. 7:56:01 PM Ms. Hauth said when the site was graded, a stormwater control plan was implemented, and that presumed certain impervious surfaces for the lots that at that time were zoned High Intensity Commercial. She said that meant that the impervious surface was at 70% rather than the Entranceway Special Use percentage of 50%. Ms. Hauth said with the passage of time, the Town had implemented a higher water quality standard, and the Board could now determine whether or not this site was grandfathered under the previous provisions, which would mean that it would not be held to the Phase 2 stormwater nitrogen loading requirement since it was a functioning system already installed. Ms. Hauth said or, the Town could decide that the site was being redeveloped and even though it was less impervious surface, it had to adhere to the Phase 2 stormwater nitrogen loading requirement, and therefore update the design and improve the water quality aspects of the stormwater control. Ms. Hauth said the issue, then, was whether or not this site was grandfathered in, or whether it had to now meet the new standards, even though the impervious surface percentage would be less. 7:57:51 PM Mr. Hornik pointed out that because this was a Conditional Use rezoning, they could not impose the condition; the conditions attached to the SUP had to be conditions that the applicant agreed to. He said if the applicant did not agree, then the Board could either deny or grant the approval without the condition. 7:58:51 PM Mr. Parker reiterated that the site was designed fora 70% impervious runoff, and they were below 50%. 7:59:42 PM Commissioner Gering asked what the practical difference was between what was on site now and the quality of water that would be obtained versus what was required now. Mr. Parker said at present there was a permanent stormwater basin that filled up and released water over time. He said what was not there was the filtration system that would provide better water 7 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 8 of 54 quality, such as a bioretention area that would hold the runoff and filter it through some material like sand, or through plants. Mr. Parker said that was what was estimated to cost $12,000. 8:00:39 PM Mayor Stevens said the Town was looking at millions of dollars to cover the nitrogen cost of the runoff. 8:00:53 PM Commissioner Hallman asked about the other waivers requested. Ms. Hauth said one was the sidewalk, one was the water quality, and the third was the landscape. She said the landscape waiver was that the development did not create an urban edge and that the environmental protection plan previously submitted was acceptable since the lots had been previously cleared and there was not anything there to protect. 8:01:42 PM Mr. Hornik said the draft SUP had five conditions, one of which said that stormwater control plans be modified to reflect the Phase 2 requirements for nitrogen loading, and that was the one the applicant was having concerns about. He said he had not heard any concern expressed by the applicant regarding the other four conditions. 8:02:29 PM Commissioner Hallman said this seemed to be a cost issue in some ways, and asked what was the cost of the sidewalk. Mr. Parker replied about $4,000 to $5,000. He said that was an additional cost they had not planned to incur, although they had compromised with the Planning Board. He said they would like to have the same consideration that was given to Carillon. Mr. Hornik said the fifth condition would be doing that along Cornerstone, but that the sidewalk be built along NC 86 as negotiated with the Planning Board would be built. Commissioner Hallman stated he could postpone the sidewalk, but his concern was the water quality which you could not get back. 8:04:34 PM Commissioner Lloyd stated you had to have handicap access. 8:04:41 PM Mayor Stevens asked the Board if there were any other conditions or concerns in addition to what had been discussed by the Planning Board. Ms. Hauth said the Planning Board was under the impression that the applicant would meet the nitrogen loading requirements for stormwater. Mr. Hornik reminded the Board that if the applicant did not agree to that condition, then the Board would either have to deny the application or grant it with only the conditions the applicant agreed to. Ms. Hauth said to be clear, that the buy down Mr. Parker had mentioned meant that they would not retrofit the site but would pay a fee to the State to buy out of the requirement. So, she said, they would not design the site to get the higher water quality but would pay a fee to the State to bypass that requirement. Mr. Parker said that was correct, because that was the cheaper alternative. He said this water would eventually flow down to the next site before it ever got to the stormwater basin, and when that site was developed it would just add to the issue. 8 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 9 of 54 8:06:23 PM Commissioner Hallman said then was the option to require acost-sharing on the stormwater mediation like at Carillon when all those sites were developed. Ms. Hauth said there was no cost-sharing arrangement with Carillon. Mr. Hornik said the arrangement with Carillon was that they did not build their sidewalk until the sidewalk was extended. 8:07:00 PM Commissioner Hallman said he was suggestion that when the other sites were developed, that this applicant would then have to handle the nitrogen loading off their site as well. 8:07:10 PM Commissioner Gering said given the option that the applicant was likely to pursue with the buy down, it did not benefit anyone in Hillsborough, and he did not find that palatable. 8:08:01 PM Mayor Stevens said they wanted to see if there was a practical way to look forward when the lots around this one were faced with the same issue, and if there was a way that whole area could be improved and that some agreement could be made for cost-sharing for the larger mediation. Ms. Hauth asked what was the maximum size of a site before it could not be bought down. Mr. Parker said it was over 10 pounds per acre per year, and this site was 9.6. Ms. Hauth said then the remainder of the site was much larger, which would imply that when developed those lots would not be able to buy out of the requirement for water quality and would have to retrofit and meet the requirements. 8:09:30 PM Commissioner Gering said he would like to consider a proportional cost-sharing. Mr. Parker said he could not speak for the other owner, but if there was a way to do that it could be considered. Commission Hallman agreed, as did Commissioner Lowen. 8:10:43 PM Leland Little, the applicant, said the future costs were in a grey area, and while he understood the suggestion and would not rule it out, it was hard for him to say yes when he did not know what the cost sharing would be. Mr. Parker said he did not believe it would exceed that $12,000 buy down. Mr. Little asked would it be paid one time, or year after year. 8:11:16 PM Mayor Stevens asked was the $12,000 buy down aone-time payment. Mr. Parker replied it was one time. Ms. Hauth said she believed the proposal was that this site would contribute to the neighboring owner's costs to create a Phase 2 compliant stormwater structure at the time they developed for a proportional share of whatever stormwater they were delivering to that neighboring site. So, she said, it would be aone-time payment. March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 10 of 54 8:11:56 PM Commissioner Hallman asked would that one-time payment be $12,000. Ms. Hauth said she understood the applicant wanted that payment to max at $12,000 even if it was years before the other site developed and dollar figures increased. 8:12:11 PM Mayor Stevens said that was still much better for Hillsborough and for the neighboring property owner. Mr. Hornik asked how they would do that to make sure they were not giving this applicant a pass, because they would have to have the institutional memory when the next property was developed. He said he was concerned. it would not be remembered. Commissioner Gering said he was sure Mr. Little would remember it. 8:12:45 PM Commissioner Lloyd said the condition would be recorded. Mr. Hornik said it would be recorded against this property, not the next one. He said they could not enforce that condition against that next property, they could only enforce it against this property. Mr. Little said they could put something on the record and pin it to the property next door, so that when they did their title search they could know that a contribution was to be made. Mr. Hornik asked if that became a "cloud" on that title, and how could they put such a mark on a piece of property that was not before the Board. Mr. Little said it would not be a "cloud", it would simply be letting them know that they had a right to the funds as part of their development costs. 8:13:43 PM Mayor Stevens said it appeared to him that when the neighbor developed its Phase 2 retrofit that they would have $12,000. Mr. Hornik said his concern was imposing a condition on a neighboring property. 8:14:08 PM Commissioner Gering said he did not understand how he could interpret it that way; that it was information that the property owner would be made aware of. Commissioner Hallman said it would actually add value to the property. Commissioner Gering agreed, adding it did not require the property owner to do anything, so it was not a condition being placed on the neighboring property. Mr. Hornik said but it would require them to design more than what they would design otherwise, because they would have to design to handle the nitrogen load from this property, whereas if this applicant took care of this property, the property next door would have to design only what was necessary to handle its own nitrogen load. Ms. Hauth said that was true, because the neighboring property was already accepting the stormwater from this site, and that this site was not actually taking care of its own stormwater but was making use of the offsite stormwater basin. 8:15:00 PM Commissioner Hallman asked what rights this property had to that stormwater feature. Ms. Hauth said they would have to transfer when they created this parcel to have the stormwater easement to make use of that pond. She said right now it was one piece of property 10 March ]0, 2008 Regular Meeting Approved: April 14, 2008 Page 11 of 54 that would be provided for, and that stormwater easement would have to be taken care of when the division took place. 8:15:41 PM Mr. Hornik reiterated his concern that they would be imposing a condition on the adjoining property. He said the Board could do it, but he did not like it. 8:15:47 PM Mayor Stevens said it would give the adjoining property an option in that some funds would be available to help, and it was not necessarily imposing a condition. Mr. Hornik said that all properties henceforth would have to comply with Phase 2 regulations, so when the property next door was developed it would have to comply as well. He said what was being proposed here was that when they did that, they would have to design to accommodate the nitrogen load that was coming from this property. And, he said, they were saying that the owner of this property would pay up to $12,000 to help off-set the additional cost of that design. 8:16:35 PM Commissioner Hallman said wouldn't they have to do that anyway. Mr. Hornik said the water that would come off this property would not have been remediated and would have to be remediated on the next property. And, the next property would have to pay the cost of remediation of the water not only from its property but from this property as well. 8:17:13 PM Mayor Stevens said that would be true in either case. Mr. Hornik said not if the water from this property was treated already. 8:17:15 PM Commissioner Gering said but if the applicant made the pay down to the State, they would not be remediating the water and the next property owner would still have to deal with that runoff. Ms. Hauth said she believed. that next property owner would come in and argue that "x" percentage of the stormwater in his pond was not his responsibility and therefore he would only cover what his impact was. Commissioner Lloyd stated she had recently read that the Neuse River had the 11~' highest nitrogen levels in the nation. 8:18:52 PM Commissioner Gering said he believed the State was forcing them to impose a cost to which they got no benefit, and did not find that a good option. 8:19:33 PM Mayor Stevens said he agreed, but since there was no benefit in buying down the waiver was there some other conservation effort the applicant would be willing to do. Ms. Hauth said the buy down fees could be used to do various retrofit projects in their watershed, such as what was done by the County at Stillhouse Creek and what the Town had done at Hazel Parker Creek. She said those funds could come back to this community to retrofit other impaired waterways, but it would not necessarily impact this parcel. Mr. Hornik said that the funds had to be used in the same watershed from which it was received for remediation measures. He said the funds may not be spent in Hillsborough, but it would be used in this watershed. 11 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 12 of 54 8:21:41 PM Commissioner Hallman stated he had heard Commissioner Lloyd say that the Neuse River had the ll`h highest nitrogen levels in the nation. Commissioner Lloyd said that was correct, and that the Neuse River Authority was one of the better organizations. 8:22:06 PM Commissioner Gering said if the benefit was localized to this watershed, then that changed his position. Commissioner Lowen agreed, since the funds would come back to support this watershed. 8:22:26 PM Commissioner Hallman said he would be willing to delay the sidewalks as they had done for Carillon in order to have the applicant deal with the nitrogen loading issue, even if it was by paying the buy down. 8:22:59 PM Commissioner Lloyd asked how would handicap persons get to the site without the sidewalk. Ms. Hauth said that condition D required a sidewalk along NC 86 to be constructed now, and condition E put off the construction of the sidewalk on Cornerstone Court until some point in the future. 8:23:27 PM Mayor Stevens said he was sensing that the Board wanted to take the nitrogen prevention very seriously, and believed they could go forward as is. 8:23:51 PM Commissioner Gering said to be clear, he was in favor of not granting the waiver and in favor of granting the SUP as proposed. 8:24:19 PM Mayor Stevens asked would that be acceptable to the applicant. Mr. Little replied yes. 8:25:07 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the Statement that the application complied with the Town's Comprehensive Plan and that the area was designated as "Mixed Use Employment" in the future Land Use Plan and was part of the corridor that was envisioned for redevelopment as Entranceway Special Use when the district was created by a vote of 5-0. The motion was declared passed. 8:25:28 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the rezoning of this property as proposed by a vote of 5-0. The motion was declared passed. D. Consideration of a resolution authorizing the Special Use Permit for Leland Little LLC to develop 2.5 acres on Cornerstone Court with a 9,683 sf building for office, auction, and storage with 68 parking spaces (part of TMBL 4.40.A.8t) 8:25:57 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the resolution authorizing the SUP for Leland Little LLC as proposed by a vote of 5-0. The motion was declared passed. 12 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 13 of 54 E. Consideration of a Preliminary Subdivision Plan for Charles Plambeck to create 3 lots on St. Mary's Road and provide access to two lots via a platted private road 8:26:34 PM Ms. Hauth said this was an unusual subdivision in that it included a private road platted in 1978, but did not know how that had happened since the Town did not do subdivisions in 1978. She said by taking advantage of that private road, the applicant was attempting to carry out the desires in his father's will to divide the property into three parcels, one of which had an existing house which would continue to use the driveways it had available. Ms. Hauth said the new two parcels would use the platted road as it existed. Ms. Hauth said anything that involved a private road. required Town Board action, in part due to a bias in the ordinance against private roads. She said the Planning Board had recommended approval of the subdivision provided that it was reviewed by emergency services for access, that there would be a recorded private road maintenance agreement, that the actual street be constructed before the final plat was recorded that allowed development of the lots, and that a non-duplicative name be assigned to the road. She said it was now known as St. John's Lane, and the Fire Marshal had reviewed the road for access and that was why there was a T- turnaround at the end. Ms. Hauth said the applicant's attorney was preparing a maintenance agreement to ensure the long-term viability of the private road. 8:29:09 PM Mayor Stevens asked were there any legal parameters the Board should be aware of. Mr. Hornik said no, that it was straightforward. 8:29:21 PM Commissioner Hallman asked did they need to see the maintenance agreement. Mr. Hornik said a condition of approval would be the submission of the maintenance agreement. 8:30:06 PM Edmund Purcell, Summit Engineering, said that the Plambeck family would like to divide the property among the heirs, and asked for the Board's approval 8:30:30 PM Commissioner Hallman asked did this leave open the possibility that the property could be further subdivided. Ms. Hauth said no for various reasons, one of which was that the area did not have water and sewer service, and another because the ordinance required that no more than three lots could be located on a private road out of a single parcel. She said if one of the lot owners wanted to divide their lot into two lots, they would need to come back to the Town for a variance. 8:31:30 PM Mayor Stevens asked were there any utility issues. Ms. Hauth replied no, that the lots would be served by well and septic. 8:31:33 PM Commissioner Lloyd said she believed it was only fair to honor the father's wishes since it was allowed under the Town's regulations. 8:32:08 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Preliminary Subdivision for Charles Plambeck to create 3 lots on St. John's Road to include the conditions recommended by the Planning Board by a vote of 5-0. The motion was declared passed. 13 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 14 of 54 F. Consideration of an Ordinance amending Section 25 and 5.27 of the Zoning Ordinance, the outside storage provisions and definition of vehicle restoration business 8:32:54 PM Ms. Hauth stated this was the request from Jonathan Rigsbee with Vintage Car Shop to amend two provisions in the Zoning Ordinance. She said at the time the ordinance was amended in 1989 to create this use, it was done with the condition that the definition of vehicle restoration not be allowed to have outside storage or retail sales from the site, and the applicant had been okay with that when he came into Hillsborough and developed his business. Ms. Hauth said since that time, Mr. Rigsbee had operated his site much as it was today, with a significant amount of outside storage. She said in response to a Notice of Violation from the Town, he had come in and investigated his options to correct the situation, one of which was to petition the Town for an amendment to the ordinance to allow that outside storage and then set parameters for that outside storage. She said that had led to consideration of amending Section 25 and 5.27 of the Zoning Ordinance to delete the provision from the definition of vehicle restoration that said no outside storage, and then to add guidelines to the section that spoke to outside storage that was available to every other use in the General Industrial district. Ms. Hauth said a public hearing was held in January, with the neighboring property owner speaking in opposition. She said the Planning Board had discussed it in detail at its February meeting and expressed concern about this use being treated differently than any other use in the General Industrial district, because this use was not being allowed outside storage whereas every other use was. Ms. Hauth said the Planning Board had recommended approval of the text amendment, modified to require a Type 1 screen rather than a fence, allow a fence where impervious surfaces prohibited plantings, and to specify that fences must be opaque. 8:36:08 PM Commissioner Lloyd asked would it be screened so that you could not see it when you came over the Eno River bridge towards Town. Ms. Hauth said at this point, she would not guarantee that, but could guarantee that it would meet the requirement in the ordinance. Commissioner Lloyd said that the owner of the Business Center, Mr. Gold, had been very concerned and did not want any screening. She asked if the Planning Board had given weight to that concern. Ms. Hauth said they had, but part of the issue was that this site sat low, and it was hard to build a screen high enough to compensate for that. Commissioner Lloyd asked did the applicant have any plans to move any of the cars. 8:37:27 PM Jonathan Rigsbee, owner of Vintage Car Shop, said the cars on the lower side of the building would all be moved if this text amendment was adopted. He said they would be moved to the upper side of the business. He noted that the cars out front would be moved as well. Mr. Rigsbee said they had been cleaning out items that would not be used, so some of the cars had been temporarily located to the lower side of the building to allow for that clean-up. 14 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 15 of 54 8:38:36 PM Commissioner Lowen said Mr. Rigsbee had indicated he would be moving the majority of vehicles that were out front. Mr. Rigsbee said that was correct. Commissioner Lowen agreed with Commissioner Lloyd that it was unsightly, and asked where they would be stored. Mr. Rigsbee said everything in front of the building and in the lower side would be moved, with some actually being stored off the property in a storage area outside of Hillsborough. Mr. Rigsbee said regarding the fencing, they were considering planting trees or installing fencing across the lower section, which would improve the appearance coming across the bridge. 8:39:53 PM Commissioner Gering said this was a difficult issue for him, because the property really looked bad. He said he was surprised to see the Planning Board's recommendation, but without the minutes to understand the reasoning he found it difficult to accept their judgment. Commissioner Gering wondered on the face of it why instead of trying to make this use consistent with existing General Industrial zoning, that they not work on the other ordinances to prevent this kind of eyesore. He said he either needed more time to think about this and review the Planning Board's minutes, or he needed to understand how they could tighten the ordinance use to prevent the kind of eyesore presented now with more than just Type 1 screening. 8:40:55 PM Commissioner Hallman agreed, noting his problem was that he wanted to support businesses, but just looking at the text amendment in general it was very broad. He said although the applicant had said he would be moving the storage that was not covered in the ordinance independent of this issue. Commissioner Hallman said he believed they needed more control on what constituted outside storage. He said he wanted to understand the Planning Board's discussion as well. Commissioner Hallman said it was unfortunate that the topography of this site did not allow very good screening no matter what was done. He wondered if there was a way to work with the applicant and define what could be stored outside and what could not, rather than having such a broad approval to outside storage. 8:42:08 PM Commissioner Gering applauded Mr. Rigsbee's efforts to make these improvements, but adopting the text amendment would also allow other businesses like his to operate and they may not be as generous as he was. He said they could end up with a much worse situation. Ms. Hauth suggested that this issue be held over until next month so that the Board could review the Planning Board minutes. She said the Planning Board had looked at this from a more historic standpoint of why this condition was imposed in the beginning and why this particular use was held to this particular standard that was so different from everything else in the ordinance. Ms. Hauth said the Planning Board had felt that did not seem fair and that it would put this person out of business after having been here for so long. Ms. Hauth said in the interim, they could work with Mr. Rigsbee to come up with a compliance plan so that there would then be a plan to bring his particular site into compliance that could be an addendum to the request. 15 March 10, 2008 Regular Meeting Approvc;d: April 14, 2008 Page 16 of 54 8:43:52 PM Commissioner Hallman said he would like to see other outside storage ordinances from other jurisdictions that might give the Board a little more comfort. Ms. Hauth said that was possible, noting the ordinance did say, where it specified what could and could not be stored, that it did say refer to things that could not otherwise be considered solid waste under the ordinance. 8:44:52 PM Commissioner Gering asked if auto parts salvage would be considered solid waste. Ms. Hauth said no, if it was approved as a junk yard, but that was not what Mr. Rigsbee had. She said junk yards were listed as a special use in the General Industrial district and had its own requirements, but one had never been proposed. 8:45:53 PM Mayor Stevens said it appeared they should take Ms. Hauth's suggestion and wait for the Planning Board minutes, then consider this again next month. Ms. Hauth said during the interim, she would not encourage Mr. Rigsbee to make any significant investment in his property over the next month, and although there may be some changes there it would be her advice to him that it would not be in his best interest to install any fencing or plantings until the Town Board made its decision. G. Consideration of an Ordinance amending Section 2 and Section 4 of the Zoning Ordinance, to establish amulti-family special use district and requirements 8:47:19 PM Ms. Hauth stated this text amendment would create the multi-family special use district and establishing requirements. She said the proposal would not provide an option for a master plan to be submitted, and it did not establish any particular size or location requirements for this district. 8:49:05 PM Commissioner Lloyd asked what project was being referred to in the agenda item as a tax credit, age-restricted rental project. Ms. Hauth replied that was the Eno Haven project. Mr. Hornik said in the proposed ordinance in Section 1 under proposed Section 2.4.2, four lines down at the end of the line, he suggested that the word "This" should be struck so that the sentence would read "Property maybe designated..." 8:50:26 PM Mayor Stevens asked how this would work in the historic district. Ms. Hauth said if an application was to be received, it would have to comply with all regulations including density, and all waiver requests would need to be considered. She said it would be a difficult application because of that added layer of it being in the historic district. Mr. Hornik said this was a situation where the Town had both the legislative and the quasi- judicial part of it, in that the applicant would have to convince the Board that it should exercise its discretion to grant the rezoning in the first place. He said potentially, as the proposed ordinance was written, it could be a vehicle for a development similar to what was proposed for Courtyard. He said right now the ordinance was drafted broadly so that it could potentially be used in many situations. Mr. Hornik said it did provide more legislative control because it required alegislative actin order to use the district. 16 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 17 of 54 Ms. Hauth said just as information, on conditional use rezonings protest petitions were available for use by the neighbors, so that provision would still exist. Mayor Stevens asked were there any comments from the Planning Board. Ms. Hauth said the Planning Board had not discussed it at length. 8:54:25 PM Commissioner Lloyd said then this ordinance change would protect the Town to a greater degree. Mr. Hornik stated that no property would be placed in this zoning district; the only way the property would be placed in this district would be through a petition to the Town Board. for a legislative rezoning. Ms. Hauth said the other part that played into that was that the Town now had a Land Use Plan, and the historic district had its own written definition which spoke to how that district was different from any other residential district, and might provide additional guidance to this Board or to an applicant as they were considering how well they complied with the Land Use Plan before they filed an application. 8:56:32 PM Commissioner Gering said he believed the proposed ordinance was a good answer to what the Board had asked the staff to do, that is, to prepare a text amendment that would create a special use option for applicants desiring multi-family zoning. He said it appeared to be an appropriate vehicle to push forward a project that the Board had expressed some interest in with the senior housing project. Commissioner Gering said it would give the Board a good amount of control in evaluating projects in the future, and provided another layer of protection to the historic district in particular. Mr. Hornik stated that if the land that an applicant was trying to have rezoned to this multi- family district was shown in the Land Use Plan as being low or moderate density residential, and the plan came in as a high density residential, then the applicant had to come to the Board and convince the Board to essentially modify the Land Use Plan. He said the Board could then refuse to grant the rezoning because it was shown to be inconsistent with the Land Use Plan. Or, Mr. Hornik said, the Board could decide that the factors involved were justification to modify the Land Use Plan. 8:58:48 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to approve the Statement per NC General Statute 160A-383 by a vote of 5-0. The motion was declared passed. 8:59:28 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Ordinance amending Section 2 and Section 4 of the Zoning Ordinance to establish amulti-family special use district and requirements, to include the amendment suggested by the Town Attorney, by a vote of 5-0. The motion was declared passed. 17 IL-- March 10, 2008 Regulaz Meeting Approved: Aprill4, 2008 Page 18 of 54 H. Consideration of an Ordinance amending Section 8 of the Zoning Ordinance, freestanding sign requirements 8:59:53 PM Ms. Hauth said this amendment would bring the ordinance more in line with the Churton Street Corridor Plan, in that sign sizes would then range from 20 square feet to 60 square feet. She said it would also require that signs be mounted no more than 7 feet high which was a change from the Churton Street Corridor Plan, because they had realized that there needed to be some sort of landscaping underneath the signs. Ms. Hauth said the signs could not be pole or post mounted except in the historic district where it was more common. She said the amendments would also address provisions in the compliance section or non-conforming sign section to set up a staggered or tiered form of amortization that if your sign complied now but became nonconforming under the new regulations, you would have 6 years to comply. She said if your sign was nonconforming before, you would have 3 years to comply. Ms. Hauth said this would likely not be the final iteration of the sign ordinance, in that other sections of the sign ordinance needed work as well. She said until they completed the rewrite of the Zoning Ordinance, she would not want to begin enforcing this section until they knew what other sign regulations might change. Ms. Hauth said she hoped that in future budget years the Town might set up a small incentive program to encourage businesses to bring their signs into compliance, noting that some signs could be very expensive for the business owners. 9:03:43 PM Commissioner Lloyd asked how much would it cost to take down a tall sign, such as that at the car dealership. Ms. Hauth said the actual cost of removing it was not great, but it was the cost of the sign, how much the owner had invested in it, and whether or not they felt that they had. gotten their money's worth from it. 9:04:45 PM Commissioner Gering asked wouldn't they also want to enforce redevelopments to comply. Ms. Hauth said if the Board adopted the ordinance, then anyone asking for a sign would have to comply, and that included redevelopment. Commissioner Gering asked was it a good idea to wait a full year to offer incentives such as Ms. Hauth had mentioned. Ms. Hauth said she was hoping to have any and all sign changes wrapped up when the rewrite was completed a year from now, so that the incentive program could begin. She said there may be some businesses that would want to change out all of their signs, not just their free standing signs. 9:05:46 PM Commissioner Gering said part of the reasoning for having an incentive program was to encourage compliance, and he would want people to start taking advantage of it sooner than later. Ms. Hauth said the Planning Board had spent a lot of time talking about what size the signs should be, and she did not know that they were comfortable that this would be the final outcome, adding she certainly was not comfortable that this would be the final outcome. 18 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 19 of 54 Commissioner Gering said then during the ordinance rewrite, it was possible that these provisions might change again.. Ms. Hauth responded possibly. 9:06:53 PM Mayor Stevens stated this was certainly better than what they had now. Ms. Hauth agreed that it was significantly better than what they had now, but she could not guarantee that they would not change again. 9:07:21 PM Commissioner Lloyd asked how much of an incentive did Ms. Hauth believe should be offered. Ms. Hauth said if she had to throw out a number, she would say $2,000. She said she would ask the Board for $20,000, not the upcoming budget year but the next budget year, noting that would only be available to 10 businesses. Commissioner Lloyd reminded the Board that the budget would be tight and there were many requests that would have to go unanswered. 9:08:17 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to approve the Statement per NC General Statute 160A-383 by a vote of 5-0. The motion was declared passed. 9:08:43 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the ordinance amending Section 8 of the Zoning Ordinance regarding freestanding sign requirements by a vote of 5-0. The motion was declared passed. I. Consideration of an Ordinance amending Sections 3.4.1, 4, 5, and 21 of the Zoning Ordinance to amend the site plan review process and establish a Technical Review Committee 9:09:26 PM Ms. Hauth said this was an elaborate series of amendments that would set up a Technical Review Committee and divided the site plan review process into three different levels, the third level being the Town's standard conditional use permit process. She said when the Planning Board had discussed the changes staff had suggested an adjustment to reduce the threshold for the Technical Review Committee to 2,500 square feet for new construction and the ability for staff to refer a project to the next level for detailed consideration. Ms. Hauth said the Planning Board had unanimously recommended approval of the text with the lowered threshold for new construction, setting the Technical Review Committee membership at a minimum of 3, and allowing the referral up a level by staff. 9:10:55 PM Mayor Stevens asked who would make the decision as to which department would review the plans, and could a project come back to the Town Board if they had concerns. Mr. Hornik said his thought all along was that you would have a Technical Review Committee that was appointed. He said when a project came forward that contained, for instance, a fire safety issue, then the Fire Marshal would be consulted. Ms. Hauth said with the combined experience of staff, she believed they would see a great improvement in the process. She said while it may not necessarily yield a faster process, in some 19 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 20 of 54 ways it would be faster in terms of when applicants got their decision, it would be the decision from everyone with no need to go elsewhere. 9:14:21 PM Mr. Hornik said the idea was to make it a more comprehensive process and not necessarily a faster process. He said the way it was drafted now would accomplish that. Ms. Hauth said it would also provide some protection to their advisory board volunteers, in that they would not be expected to be the technical experts, allowing them to focus on the larger projects. Mr. Hornik said if a project came in that was under the 2,500 square foot threshold but had complicating factors, the ordinance gave the Planning Director the discretion to kick that project up to the next review level, which was the Technical Review Committee. Ms. Hauth said if an applicant was denied or was dissatisfied with their result from either staff or the Technical Review Committee, the ordinance would allow it to go to the Board of Adjustment as an appeal rather than a project review, which kept the Board of Adjustment in its role as judiciary. 9:15:39 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to approve the Statement per NC General Statute 160A-383 by a vote of 5-0. The motion was declared passed. 9:16:03 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the ordinance amending Sections 3.4.1, 4, 5, and 21 of the Zoning Ordinance to amend the site plan review process and establish a Technical Review Committee by a vote of 5-0. The motion was declared passed. 9:17:03 PM Mayor Stevens called for a short recess. 9:23:52 PM Mayor Stevens reconvened meeting. J. Establish public hearing date(s) for Waterstone and Eno Haven annexation requests 9:24:11 PM Ms. Hauth said the Waterstone item was the clarification of the alignment for the Cates Creek Parkway, and the Eno Haven item was a portion of the Owl's Wood project as well as that other parcel of roughly 4 acres adjacent to the Meadowlands that was not currently annexed. She said the proposal was to place both of these items on the April quarterly public hearing schedule. 9:26:05 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to establish public hearing dates for Waterstone and Eno Haven annexation as the April 17 quarterly public hearing date by a vote of 5-0. The motion was declared passed. 20 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 21 of 54 K. Presentation of the Government Finance Officers Association Distinguished Budget Presentation Award for the Town's FY 2008 Budget 9:26:18 PM Mr. Peterson stated the Town had once again been awarded the Government Finance Officers Association Distinguished Budget Presentation Award. He gave compliments to the staff and the Mayor and Town Board for their hard work, with special thanks to Assistant Town Manager Emily Ard. L. Discuss whether the Town Board would want future meetings televised if Hillsborough shares meeting space with Orange County 9:28:26 PM Mr. Peterson stated that Assistant County Manager Gwen Harvey had requested feedback from the Town as to their interest in televised meetings and the sharing of meeting space, in that they were figuring out the cost of the equipment and would be wiring the building with the necessary cable. He said if the Town planned to use that equipment, then the County would want to figure out the Town's fair share for its use. Mr. Peterson said he would like some feedback from the Board so that he could contact Ms. Harvey with a response. 9:29:39 PM Commissioner Lowen said he had no problem with meetings being televised, but he had issues with shared meeting space and with paying a fee to the County. He said entering into along-term agreement with the County for shared meeting space would just be pushing the Town further back from what it needed to do about permanent meeting space for all its citizens. Commissioner Lowen said they could sink years of money into such shared meeting space, with nothing being done for their own facilities. He said another issue was that they would be at the mercy of the County's schedule and would have to ask when dates were available for use of the meeting space. Commissioner Lowen said he would rather the Town was in control of its own meeting space, and once that space was improved then he would support televised meetings. Mr. Peterson said he did not believe the County was looking for a major cost contribution, but he believed Commissioner Lowen's points were well taken. He said this Board met the same night as the County's board, so that was an obvious difficulty. 9:31:22 PM Mayor Stevens said from his perspective televised meetings were certainly helpful but was not a high priority at this time. 9:31:45 PM Commissioner Gering said until they knew what the costs were, they could not make any decisions. He said he was interested, but was not interested in a long-term agreement or contributing a high cost. M. Consideration of Extension of US 70A to Exchange Park Lane 9:32:43 PM Ms. Ard said they had received a proposal from Summit Consulting to help with the engineering design work, at a cost of $68,077. She said that Summit had also provided an update to their 2005 estimate of $180,000 for construction, increasing it to $350,000 including 21 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 22 of 54 construction and utility relocation. Ms. Ard said staff was asking for guidance on whether or not to proceed with the proposal and to place that amount in the CIP. 9:34:33 PM Commissioner Dancy said looking at the cost, she did not think now was the time to pursue this. She said the Town could not afford it, adding it was a good idea but it was a project that could wait since it was not an urgent need. Commissioner Lloyd agreed it was too expensive to consider and now was not the proper time. Commissioner Hallman said this should be looked at as part of the Comprehensive and Transportation Plan. 9:37:31 PM Jim Parsley stated he believed it would be a good thing to do someday, but in the meantime with the new traffic islands down at the Gateway Center there was not much room to get tractor trailer trucks through there. He said he understood the budget concerns, and that it made sense that it would be part of the larger Transportation Plan. 9:38:44 PM Mayor Stevens agreed they needed to look at any way to mitigate traffic, and that it should be looked at with their 10-year plan. 9:39:16 PM Leon Lee said that the owner of the Gateway Center had agreed to pay for half of the cost of this, and if the cost was that great then there were others who had agreed to bring in dirt and construct the road. He said if they went to someone other than Summit the cost might be much less, and he would petition that that be done. 9:40:13 PM Jim Parker, with Summit Consulting, stated that Piedmont did offer 2 to 3 years ago to furnish the material at no cost, but not to deliver it or compact it. He said there were traffic problems now, in that the larger trucks were jumping the traffic island to make the left turn. Mr. Parker said this project was also a way to prolong and preserve the bridge, and moving forward with this project at some point would be a good thing for the Town. He said they would not know exactly what the project would cost until a set of plans were prepared so that they could bid. Mr. Parker added it would take at least a year to get those plans prepared, so then several years down the road the Town could proceed and budget for that construction. N. Consideration of Relocation of Overhead Utilities from Tryon Street to the Eno River 9:41:57 PM Ms. Ard stated this relocation would focus primarily on Churton Street from Tryon Street to the Eno River, and they had received a proposal from Summit Consulting to help develop a plan and coordinate the many different activities that would take place. She said the estimate was $58,221, and staff was asking for guidance for the Board as to how to proceed. 9:42:46 PM Commissioner Hallman stated the Tourism Board had put in several grant applications to try and get the utility lines buried. Ms. Hauth said that was the DOT Enhancement Funds. Commissioner Hallman said he knew they were turned down, but had thought they were going to reduce the size of the request and resubmit it. 22 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 23 of 54 Ms. Hauth said they had reduced it as much as they could and submitted it in several phases, and had still been refused. 9:44:20 PM Mayor Stevens commended staff for responding to this very quickly and Summit for providing the proposals. He said they had a long wish list, and were seeing the reality of that. Mayor Stevens suggested this be added to that list. 9:45:03 PM Mr. Peterson said having extended their budget planning from 3 years to 10 years made it easier to put such items on the list and keep them in everyone's mind. O. Consideration of Commercial Solid Waste Collection Franchise This Item removed from the Agenda. ITEMS ADDED TO THE AGENDA Additional Access to Fairview 9:46:45 PM Commissioner Lowen said it had been brought to his attention that there was a fire in Fairview on Tulip Street a couple of weeks ago, and several people had contacted him to say they had been blocked and were not able to leave the neighborhood to get to work. He said that had brought back up the issue of not having any additional access out of that northernmost part of Fairview. Commissioner Lowen said that Habitat currently had options on 9 properties, and they were actively and consistently looking for more. He said he was really concerned that the more in-fill development that took place, which they generally wanted to see, with no additional access provided in that northernmost quadrant would mean other such problems would surface. Commissioner Lowen suggested trying to get right-of--way or emergency access behind the Churton Business Park, which would allow for some type of in and out if other streets were blocked. 9:48:35 PM Commissioner Hallman asked had Habitat stubbed out some access to the business park. Ms. Hauth said it had already existed, the stub out on the north, because the roads sort of ended in the overhead power line right-of--way. She said it might be worth a discussion with the power company to discover the width of the right-of--way and what their requirements for a parallel road might be, because that would be an existing right-of--way out to NC 86. Commissioner Lowen said it was important that there be some emergency access out, especially considering the growth that would take place in that development. 9:50:15 PM Mr. Peterson said they would definitely check into that, noting that the Gatemore Subdivision off of Oakdale had only one access point as well, and there were many more houses there than in Fairview. 23 March ]0, 2008 Regular Meeting Approved: April 14, 2008 Page 24 of 54 9:51:08 PM Commissioner Gering asked hadn't the Board been told in the past that it was an advantage to have only one in and out in Fairview as far as law enforcement was concerned. 9:51:17 PM Commissioner Lowen said. he still believed it, but believed that some sort of emergency right-of--way that was not a permanent road would also be an advantage, even if he had a gate. 9:51:42 PM Commissioner Hallman said there was a road planned for the park, although that was a long way in the future. Ms. Hauth said there was not a connection within the park for vehicles. Fairview Live 9:52:13 PM Commissioner Lowen stated that two years ago this Board had supported Fairview Live, a community event. He said the Fairview Community Watch was again asking the Town to help, perhaps with the stage or something like that. Commissioner Lowen said he would like to do so, .noting it would help to revitalize and bring attention to that community and event. He added the event would take place on June 21. 9:52:59 PM Commissioner Gering asked would the event be suitable for anon-profit grant. Commissioner Lowen responded that Fairview was not anon-profit organization, although he believed that all Community Watch organizations should consider gaining non-profit status. Mr. Peterson said the last time a request was made for this event staff had been authorized to make a contribution of a certain amount or to assist with the stage rental. 9:54:29 PM Mayor Stevens said he would support that, and it was certainly consistent with the Town's recreational functions. He noted that he was seeing a nodding of heads from the Commissioners, and believed the Town Manager should proceed in that manner. P. Discuss possible "Hot Topics" for the March 24t'' Workshop 9:55:42 PM Mr. Peterson stated the potential topics included areport/information regarding how a housing trust fund could be implemented in Hillsborough, expected to take 20 to 30 minutes, and a joint meeting with the Water and Sewer Advisory Committee. He said another topic was Orange County's smoking ordinance. 9:57:16 PM Mayor Stevens said the smoking ordinance would be an action item. Mr. Peterson said that was correct. He said the Town had a policy but not an ordinance, and he had been receiving complaints from employees that other employees were smoking in Town buildings. 9:58:57 PM Commissioner Lloyd she had several questions and concerns regarding Orange County's ordinance and the Town's policy, but would hold her questions until the workshop. She said she would like to hear from staff before any decision was made. 24 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 25 of 54 9. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(5) regarding Property Acquisition (1. Riverwalk, and 2. General Government Purpose) B. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(6) regarding a two Personnel Matters 9:59:30 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed. Upon returning to Open Session and upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to adjourn the meeting at 9:59 p.m. by a vote of 5-0. The motion was declared passed. ~.. ~<~ Respectfully submiried, Donna F. Annbrister, MMC Town Clerk 25 March ] 0, 2008 Regular Meeting Approved: April l4, 2008 Page 26 of 54 I. ;, WHEREAS, Gro., ~ Campbell and his wife Nanoy moved to Hillsbororigtr i~~ ZOni~ ~r_ ; ;~wely engaged themselves in community activities ::d WI-TEREAS, Geocba became intertsted in the town's '~- "'.g parks program and volunteered to serve on Ute•Parks and Recreation Board, and WhiEREAS, George took particular interest in the P~ c~; ~:,"..d Go1d Park ;rto! ect, and WHEREAS, that mtcrest encouraged r xeatge ~ secure engl~er~:a x iar the pedestrian underpass and approval from the ~tordi Carolina Railroad for the pedesr,;::r. underpass, and WHEREAS, George has led walking tours of t!te Gold Park area for each Walkable Hillsborough i)ay evant, and WHEREAS, March 200$ marked George's s:ath year of service on the Parks and Recmation Hoard and required his retirement lr7r st least an,e year, 70W, THEREFORE $E IT RESC)LVED, by the Hillsboro-:; ':. Town Board of Commis; ~., , ~- i, expo ~elr extreme gratitude to 3eorge Campbell for the countless hours of volunteer time he otTei ~~ to Hillsborough in support of our parks and walkability. Tom Stevens, Mayor Date 26 SOCZl~`Tt312:}~t:rP~t~7"rt??~' t/'P[' :i~it~IlC SE'7"'VCG~ a~ ~~errYge ~ar~2~?~elC March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 27 of 54 RE~t~ll ~ITION REQUESTING AN APPOINTMENT TO ,~1'` 1. A"1"RATERRITORIAL TURISIDICTION SEAT OA 1' 11~ 1 U l LSBOROUGH BOARD OF ADJUSTMENT WHEREAS, as a result of the end of a term, it is necessary to appoint a person to a seat reserved on the I-Iillsborough Board of Adjustment for persons residing within the town's extraterritorial planning jutisdiction; and WHEREAS, by state statute and fawn ordinance, the Orange County Board of Ca,nn~issoners initially has the authority and responsibility to appoint ETJ members to the town's Board of Adjustment. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FO THE TOWN O.F HILLSBOROUGH RESOLVES: Section 1. The Orange County Boarcl ofCor,.u~: - ~~: ~~~ is respectfully requested to appoint the following individual to an ETJ seat on the Hillsborou~l Board of Adjustment, whose term would expire March 30, 2011: Mr. Tommy Sikes 401 Rock Garden Ln Hillsborough, NC 27275 ~" Section 2. If the Orange County Board of Commissioners fails to appoint persons willing to scr. c in the capacity described above within 90 days of receiving this resolution, then the H , Ilsborough Town Board may make this appointment Seri ion 3. The Town Clerk shall send a copy of this resolution to the Orange County Manager. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 10`h day of March 2008. .Ayes: S' Noes:.13- Absent/excused: ~`' I, Donna F. Armbrister, Town Clerh <<, the Town of?T"'-'--°--rgh, do hereby certify that the foregoing is a true and correct cob ~ c~(".~ resolution _ IoI__ ! '~ ~ r the Hillsborough Totivn Board of Commissioners on March 10, 2008. Donna F. Armbrister Town Clerk 27 March 10, 2008 Regular Meeting Approved: April ] 4, 2008 Page 28 of 54 Proclamation "`Sexual Assault Awareness Month 2008 Proclamation" WHEREAS, the Orange County Rape C.ISis Center assisted add survivors of sexual violence and theirfamily members, friends tend loved one; d~-,ring 2U07; and WHEREAS, the Orange County Rape Crisis Centr:~ viorics with the county's two school sysfems and o#her groups to provide all students watt} acte-appropriate informotion about sexual assault prevention, reaching 9,411 children and youth during the 200b -2007 school yeor, and WHEREAS, the c ination of the Orange Counfiy Sexual Assault Rest~onse Team (SARI} is bringing together members of Iaw enforcement, the medica~ cainmunity, the legal system and other community advocates to improve services for survivos of sexual assault who come forward- and WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in fiheirlives (NC Departmentot Health and Etuman Services 1999: and WHEREAS, in the United States rape is the rn~sf c ostly crime to its survivors, totaling $127 billion a year considering factcus such as medlco~ cost, bst earnings, pain, suffering and lost quality of {ife (U.S. Department of Justice. 1496), and °,,,,~ WHEREAS, in the United States 1 it n women and 1 in 33 men have experienced a completed or a#temp#ed rape c;t ~ time in their life (US Department of Justice 1998}; and WHEf?fAS, there are 5.9lS sex offenders and sexual ~-edators registered as living in Nar#h Coro ina {State Bureou of Investigation, 2002); and WNEt<EAS, the blaming of the victim continues to bean enormous problem in instances of rape and sexua' assaulfi; and WHEREAS, the Orange County Rape Crisis Center, anon-profit, volunteer agency which has. been serving this community since 1974, is working with others in the community to stop sexuol violence and its impact through support, education and advocacy; NOW, THEREFORE BE IT RESOLVED that I, Tom Stevens, Mayor of the Tawn of H8lsborough, do hereby proclaim the month of April 2008 as "SEXUAL ASSAULT AWARENfSS MONTH." We encourage all citizens to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 10~h day of March, 2008, ~ --" ~_ _ -~' ~ _ __ Tom Stevens, Mayor Town of Hillsborough 28 March 10, 2008 Regular Meeting Approved: Ap~71 14, 2008 Page 29 of 54 (/- / ~it»~~~ oi~ tlll.l.s>svrac~t~tal ,~~,~~_:,~ ;-. ~~o~rn~lssr©n~r>z~ i<#.SC)LUTTti'1 Gl2A1R''I'IhG f, ~1'hCIA.L1 LSr I'4'.1~ 1$,' c ~1,1~,)l.C'`I' T(} r~~:z<-,,, co~~nl~~lo~s ~.~>~~,cTa~t~ :,s ~c~~rs or l.F~til) 13~1~:~~ l~ir~~>~ ~ ~~.~ (71E`4.A{1.A.8t AN1` Pi^; `~ti74-9]-4967 ~"'~I>~I~AS, tl~ T~ . r` Hi11~, cr~c~ugh Board of ~ . .,, ~~~ : hr ed an a,,~~'cation Frain Leland L~r_ LLC for _ ~;,~c._.' Use Pemit .~ <.]?~ ~ ?i;e development of 2.5 acre-< of land located at the r,: .,~~,«•cr c<,r~.~ _;~ ~~! 86 and Canr~rstone Court, being a portion of the parcel 4.40.A.8# and PI'~: ~;;,%4-4 ! --:~~+";"~ : c:,c WTiEREAS, tl:~c ~ o~~.- ~ t~ lil!sh. ~ ~ Piann;-r~~E- 3carr, _uid the Board of Cammissioners r-onducted a joint public h~:-~ ~~ne :r. cons-~_i~~, =he nph?ication on January 17, 2008 after giving notice thereof as required, iaGV; ~~ci W'HERI-1S, at the .~ r. _ ~,~ublic hearing, ~ii~ APplioant and all others wis}nr~::~ to be heard in connccdc~rt with the A}~; `~ ation were gi ~ r. <<, , . ;~ortn~nity to do so; and tT~'HL:REAS, the mown ofHii~~ inrmu,~h T~ i~. Ord has made it's reconnnendation to the Town o' Hillsborougi }loard of Co;; tlt~sior. ~ c. ;:,<• the Application; ~rHF-;~[':AS. the Towat of Hilisbaruu~r~.. ls_ of Gommissia~~:rs has can~idered the recomn en~i~iti~~m o; the Planning Board and all a-~ . r~~~crrrnation t ~:?tH7v prescnte^ to it at the public hc:-rinc;~. N t ? ;">', THEREFORE, BB IT RL~;'":~ i . ~, i- ; ~ by the Town of Hillsbarough Board of Comm -+°iers, on motion of f~~~F f`,F'Rif1~1 secanded by ~r~1~ , ~ ,~.~, this l0`" day of l~Iarc h, _ , .s as folln~ws - 1, The Board ei" ;'omrlissioiier.~ i as considered all the information presented to it both in support of and in ci~,~r~sitiun to the application ~,~ tlae January public hearing; 2. The Board of Cur.;r;rr_;;ioners fin<<< than ~};e requested permit is within its jurisdiction aec~;rditig to the Tahi~ t,f Permissible i ,~r.~ that the application is comply#~:, and that if the prol-oscd development is carrtglete~d as prr~~ ~, , ud ir. the application, subject to the Special Conditicm: auaehed hereto, ii will comply ~;~irir U,: eiu:cements of the Zoning Ordinance. 3. The Specal Conditions attar.:~~ec; i:::. to are intended to preserve andir~; promote the health, safety and ~~.: lfare of the surrc~^ndir~~ areas and the Town of Hillsbarough in general, and to insure that tl~G Performance Sra,;,lards established by Section 4.49 of the Zoning Chdinance are met. 4. Upon adol3tic,n of this p'r ~ .~';>n, the Tr>~;.: i'~illsboraugh shall issue a Special Use Permit in the standard form r~~it}; ih~ ~ ,r:eial Conditions attached and notice of this decision and issuance of the special use pcnnir ~:~ 1 be transn~iitcd tur;n~~ith in accordance with Section 4.42.14 of the Zoning Ordinance, 29 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 30 of 54 ~~. S. The Special ~"cn_ pp'~ ~ ;~ •~, :i,is Special Use Permit are: a. The Town Engin - ~~ „' ~~ ~ ~- final ~va'c_ ~~.. ~~~er, and storr-~+ ,~ sans far the site. h. Ail cat'-,~°r req~ _ ;,c,u~ .. ,~ _ ~~.~~ will be Sc ~~~r~ . i ~ „he applicant before constr~_~~_r:c: t-~_,z;;~ns, including but n~~i limir~~~1 ;o: use, zoning, and building ~_ sto:~m~ ~tc1 c~::ruul pl>.. ..ill he nr~~~~~ ic:' to reflect the Phase II requircni~°~~-s fo; r,~~.;,~.~ci? lei<<~_!;,,, ~' cnnc;rte sidewalk will be con<~. ~c~ed az the west c~;-e of the existing p~~~~~~1~ ~ uC ~.,~:~, for NC 8~ ~~:?~i~ ~~ ~ ~~-~~iut~s pedestri, -u; handicap access t~, (~ornct:~. ~nc C~~~,'.,' T, o~~'nc; will oanstntct a sidew ~- ..:.,~;~ the Corncrs~one Court frontage of th~~ prupcrty at the ti,,:: the parcel to iii,, ~~-est is re~ievelap~~ci in such a way tl~~«t a handicap acees ~c s;dewalk can t.. constructed beh~. ~ ~ two site. The foregoing Rcsc~h;;,:~n was pu: ;~. a vets ~~'~!'°• Town of Hillsbc~;ough Beard of Commissioners, the re~~lt~ c: ~~tlichvote are as folk Ayes: Noes: ~i Absent or Excused: Dated: ~ ° f ' L~f3 __ r ~' Do a Armhrister, Town Clerk 30 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 31 of 54 ~~' Ta~~aa l~i~a~~~:~ ~ Statement ~~ r "ti~,G. Gen. St.f~.. i ~~~~:~_3~:3 The Town of`Hills borough `T'own Board lie received and reviewed the application of Planning staff to amend the Town of Hilisbc~r~ .g'~ Zoning Ordinance as follows: To create the Multi-Family Special Use Tjisuic: a~~tl standards The Hillsborough T~+~>.°r.~~rard has deterr;r_ ; that the pr~~~osed action is cony. _ ,~ _ ~ ~. the Tov<rn ofHillsbo _.~~, gilt's comprehensiti~c i ;,~ and iL: Tov<r; 13oard's proposed a. !i~;~:: ~,~ the amendment is << ,nai,lc artd i~~. thepubli~ i;~terest f~~r the ";;1'o~~~ingreason~s), The creation a~j _ -ecial ~<<: riffs; ~i~ is allows the Towrs Bourn r~; better implcnie.~r? the development plans for the town and er, ~;;rcc the Zoning Ordinance by processing In a parallel manner the project devel©pme~,t play; :~tavieW~ in thc~ r~ --. ~.'~~~ rerru~~ rt Adopted by theTowr~ of HillsboroughBoarc c; ~°:~r,-~missionersthis/U day ~:_~ ,~2~!~'~ ~. - ,~ ~/,j Town Cler 31 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 32 of 54 6/.~f A~.~,'~ :3T:~r~:1"('L, ;'~tiI);,"~i~,7i~LZ(~1`';?~r~ORDINANCE ;;. TC?\~,^: ?~," I-111.LSBOROLTGH E BO OF COI~'~ M;`, iC?NERS C1 _~ ~; TO~R'1~7 {~!= ; i_LSBOROUGH ORI>AII~IS: Section 1. Secti: ~_' oC ihe. i?il~l,o~. '., Zoning C)idi;:,:r„e is hereby amended ny adding Se. ,,_, ~'_4 ^ ., f._~~~ 2.4.2 N,~~ ~~ ~amih ~ L lisc i),strict Tl pu~~>> ~ cl~ _ .,; tii~U,.t i~ :. prof ide for residenti«i d~ ~~}:"a~~~~' .,(aitacl._J dweilin~s L~.~~Ili 1~- rer,l ni ~ ~.I,~ . };i~!u~i density un~i v<itl, n~~r.~~ o~~-<a~ amcnr.:: than t}tc sn,~.:c-i: ~nil~' iesi:': ~ii:n cts t~';ow orri~yu;rc {lo~a~c~'er, aspecial'~_;~ penn~~. i5 r .irc;i +~ e nrr ;:~~te ( ~ de~~clopment in this district. This property nia~~ he i~;:~. ,i ~o ~~hc ~ ~:,. - ;~~.;,:._v S~e~i~; T'se District only upon the application ; -the :rt~~ <»~nza a :~cir au~~ ; ... .~~~ent, and any such applicatio.. ~.~~ur: 'r: seen <_~iicd~t~nlicatioi i~ : a ~p~.ial use permit. The special use pern~ii .~h-~ . _ , ,, n sn . ~ _-<' in ~~cc~~rdanee with Sections 4.39 through 4.48 of the Zo;; ~ ~ ~ :iinr:c: Section 2. Section 4.49.4 of the i -~:,r<,~.,~ i ,a~ , ~,dinance is hereby by adding subsection "p" as follows: p) `ti1u?ti-iamilyResid:.m:r:~: tu: thc'~1F~•; ~1is~;Ct} Tl; arl-''i:,ani may propose a single type or combination of t<pes of multi- f ily dwellir~-- i~-4L'~.~ ::-:-iiv dwelling units include .~vaninciits, condorninitr.,;s.:°~ ic;~tinh~,::: :. 2) Applications _,r;~~r this sc:c-tion will be r~ ~~icwed under the same standards and rc-"uircr: _.~~ For the multi-famii.~.~ iwelling type found in the Condit;~:n~' `'se Permit section of this ordinance. Section ?. All provisions of - . io~~~r, nrdir:ance in CenP,ic~. with this ordinance are repealed. Seutiun 5. This ordinance sh~~l becoz~~~: effecti~~e ur,on ,~~~~.opfiori, The foregoing ordin~ulcc having been submitted u, a vine, rccci ~ ec ti <<: following vote and was duly adopted this 10`~ day of March, 2008. Ayes: ~_ Noes: ~ ~ j Absent or Excused:~~ / Y~ C2- DonnaF. Armbrister. o~~.~i ~;erk 32 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 33 of 54 ~~ Town Bost d'~ ~~tafemc~nt per N.C. Gen. ~,+~,~; ~ ~ ~,w3 Tl,:~ ~ c~,~~n ~:f Mills borough Z o~~ • ~ ; ~:.:rd ~nas received at~~l ret-~: '`'~e application of Planning ~ ~.~ ~ ~ ,t, amend the To~;: n ~~~: ~ iiilsborougl~ Zoning Ort'r f tllows: !~n~end the freestanding sign requirements T?~:iiillsh+~ ~`~'Ta,vr.I3oardla~ ...:rnune~; ti~a!th~~prop~~:-~',,'"nisconsistentwiththe T<,~~~n r ~or~~uRh'_ n;,~; ~_.siti~c plan- ~.•:~~ tbe'I'otivn ~~~, < ,;_~~~©sed action on the amend-. ~ ,~ ~~r,.~~.~- n~::u tl~epub~-c i. ~.,~ thy. fo11a-, ~n reaeon~s)r Thy rmenun;cr~ ~ alissn cAe Zon.ngC~rdir~a~nce..;.,~re c[c~s~etywith signczge as ~.~~~ ~ ~; ;ire Ci, r,r~o» ,` rr:-~~ ~ rarridvr pCans. Adopted by the Town of Ha;~,or ~~ugh Board of Cotnzr,s>.; : _ ~ ; this~~ day of 2(10 t ToVrn C',c-k 33 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 34 of 54 ~1. (~ Anti o l~~ ~cL~_~~.~~ ,~,~;,~:; , t 7~_ ~,~~:.~~ ~xvlwA~~c~ f,: H1 -{ Ct1',~o; r ~; !I? ~i ~?,-~ ;l'.(+L'GH ~H~ $o~x~ O~ cO~s51o~ ~ ;~~ s cl? ,~; i L T©, ~~ ~~ , ~ ~ ; l.ls$t~rol : ~ ;Il oxs>~~s: Section 1. „tion 8.12-.: <~~ u~c cIi'` ` ~., i ;' - ~ Ord'n-,-~-_ '.~~reby amended by ~i.-_,ine ~;Jrhough lour-~~.~,1 a' tl~er muii-s,~ ~'t~ .- ~mmon" from the s!a~ci ol~t1~~: section, Sectis.:; ~~. ~~.: io„ 8,12,tx c' .nc i i ~.;si7ornugh Zoning Or~!~~ ..:, ~ ;~ hereby amended by rchl~:cing'~~~ ~~tirs_ 1<~r: ~ iii iLc ~' gag: b} Stngic ~ fie:,~.'a~~, sign',ndnot c~ ~;20~ sgtlaic !,,.. in suI'facc ~_ . ~~ z~~r,; ~,nrt ~ "J~iL~cid, u; °rr I~~t~ U'1Ch f;i~~ ~"!I ;~.. of 1=>& o' ii i. .: ,~., the ~. <<: t~~~~~u~d ~~,hica the ~~. ~ l~rn rrih- orierl[eci: thirty- t '~o ~~`~) ~ .~~ .rc ' et o~. ;~ ~ ~ci~1~, nitrt than f~flv I:~, ~ ~:, 20O G; ~. ~ i,:,L, Igez fitly {54 i ; ~ ~aarc feet on lo!. ,.~ it}~.. ~ ,~! more l7ut ~_ s than 4{r :~ ,e, and si~,~~ (0;1) square del iur '. ~~ ::it~1 40iJ or more feet :~~, i~or deters. ~~~~ ~:: size, thestrect f~ ~,,.etnustbecontinuous. Section 3. Sections 8.12.c,u,e of the 1?itisborough Zoning Ordinance are hereby deleted, Section 4. Section 8.13.a of ~ : i i 1(sborough Zone re~,'~,king"every. ~~r,d;u~di2b0)lir~ea•. lot has along c~. ~ ~ ~.~;t]-..`each stn adding"Ifa~n,alr use pa~~el },~~ -i~omas~c: sections, one f.~estandin~ ~ , ~z~a~ b~_ s: which there is veiaicular ~,_ ~ ~~,,~ tzasNd ~~^ t? t;rdinance is hereby amended by t;or fraction thereof) of frontage the thong ~l~htch it has frontage." And ~i~g the say _ in non-continuous . ~'. ~ ~..~: ,: ton of frontage for '}, ~ ~ ~L_:: ,.,~;,tinuous section" Section 5. Section 8.1.7.b of the Hillsborough .wing (~rdnancx ;~ .hereby amended by deleting 'teen fa purpc~~- ~- ~`'dete,:~~i;,,~ eo~mpliance «ith subsc-.cYion;a}, such ~i sisal; ba counted -~ the 5 :~!_ oriented toward each inicr: erunf, ~tie~t." And rat;?acing it ~~:tL ~". n shall be sized according to the frontage- ~~~:dth of the street u-here the Si;>nt door is located or is used for addressing purposes if the door 1::cus the iutersectiu:,. Section 6. Section 8.14.b of the Hillsbe~o~.~rL Zoning Ordinance is hcrcl>y amended by deleting "except that fr~r ptu~p.~scs of this Section, roof surfaces cansuucted at an an~~ic of seventy-five {75) do ~-ccs or rro~~ from horizontal shad be regarded as ~,~~a11 space." Section 7. Section 8.14 of the 1Ti11~'< ~ _.n << ~- : ~~?finance is herby amended by adding the fallowing as new su?~-_-.aions ~`c~ ~_td "d" and renumbering ~e section to accommodate use zcld~ition; c) Except ~~it!;,, the Historic Disfirict;.:~ ~.anding signs ~__:-~: ~_,; ground mounted or monumem type signs with the support located ~.~n;9.~ ~c sign. Pose; pole.. or hangine signs shall not be pcrmiucd outside the historic. district. 'The support strucu:r e: ; n e i st equal at least Dire hz I ~ t Le width of the si t.~ r; base. 34 March I0, 2008 Regular Meeting Approved: April 14, 2008 Page 35 of 54 ~1 ' d} _ the His~~ ~ is I nstt~ct ~ _ -a;.~,~i~-,_ ~ ~ ~ ~y be supported by two post= or l ales, one o~: each t~'i ~~ ~_;;:; sign, ~ "~~~n~ ~ ground ,. , ., !~r~ci;et. Ha_~~ing signs attaci~~~ ~ to :~ building are fireal :d as wall mounted ~i;;ns. Section 8. .elicm 8.' ' Pomrer ~ ~~!n ion 7 of tl_;~ ordinance) of r},,,. liillsboxc~ . /-ping Or,! -~c i tin ~.,,:r,<Icd t ~'.'~I~.,i;~,_ ~ubparagr'aph `~. as follc~•:~ ~ ~ 7`ov.~i~ '' _ i~sucu ~;~ encroa_hZ;cn p~sn,~~. ~_,~:honzing such 5it~~~ OrSnppOrll3 _. ,_. .::U lt~ i)C 1DCe~~~ ~ '~"~'.in 1tS right°Ctf`~i~;V." Section 9. Section ~ 1•: i if~~~nier .i_ renwr _~i !~, Jec~~en of this ordinance) of khe Hillsbor< i i.n: r~ Orr,.r.anct~ ~~ ~~',~~~ an~endc ' ,, -ead as follows: f} No ,; ~, free .vu?~~ :_ si~m nay exceed a 1~~~„ =;:ven {"., .~.- ,nc. fi~~~3, : _ acer;t gr~atad '~ ~ , c*1. Section I(~. Sectir~n f .1 ` of ~i3e Hillsborouu~ Z:.ning Ordinance is hereby amended by deleting ``and Co~rpliancc Dead?in~~s <:_ ~' franc the i,~:~:ding, by adding "The rove»tory shalt b~ ,~-~,cur~~~f upr,: t~c.~c;; :::~~;c,:dnrc~~~r >r: ri:~~, s~~crion their niaycreate new taon- c©n ~;;,::., ~ signs, 7 ~- in,~<nra~~ anti rtc~n~.<a ei~ai; be ron~ple;rr~,' within fine ve: pf7i r rdnprion n 1 i :,~~c,~~sfon or the adoption v/~cn~ amer~ctmcrzl that ~tzay cr ;, n~~~ uua-c~~ilo~,~~in~ ~re~i~ ~ to tfle end of the first para~naph ~u~d by d~Iering'~ ~~us found n~,, .o be +u cu~~ °~';« nee ~.~~ „ rs ~;ection shall be removed ar broug.+~t info compliance wz i;u~ s~, ~. ;vDi ,._:, .,~ ~~,~riJir~ari~r or b~. Fc~ruary 17, 1989, as stated in ~~Ctio~~ 8.17 ~ f, ~ : ~ the ci ~ e~t~nc pa ~ ~s.a ~;~~~ Section l 1, Section 8.16 ofthe I-IiIL!~- ~, ~ ~rrgh r '_treu~ance , c.; h.' amended by deleting subparagraphs "a>' and `~~_'' and renumbering ~:;,_ ~ ~ T:ev~l} n~nr'~.°~ed subparagraph "b" is ftlrthcr amen+'_-.~ by adding the ~:u~_ ...age "ar ha~.~e: <. c,.o~ ~.. in message" between "replaced" and "except", - Section 12. Sec?icr„ 817.a,b,c of ti;.: Hillsboraugh Zoning Ordinance are l,c: ~`~y replaced wi#h the fcdiowinglan~~uage: a) .^.~:~ permanent igr, that was in compliance with this seC~io~ >eiare arnendmeni_s ic; Zi;(i8 or later nsadc it non-cnrformin~~,. may continue to cs~.,~ for aperiod not to exceed 6 ;'ca=~s Irom the dau slhic}; '.ln property awner was notified in writing. r,i~ ^?;c non-eonfo~r=•:ft~- b) Any pennanc~~~? ~ ;n i"aat was ~~n-conforming «~iti~ ti,is secticn prior tc~ amendrner7a ;r~a~ ;~ 2gC18, may ~ t;::ue to exist for a period ro; to exceeu ~ years frog .1~~c ~l:_i. ~.vhirb tin I~~,.- ~ owner was notified in ~ ~ ,i the non- conlo,.r~I~ .. c} Tempor~r_; signs on pri ;ate property that arr. ~ rat exempt from this Ordinance, mutt be removed ss~ti;ut 60 days of the recci;~t i,~ the property owner of the written notice detaihn~ the non-conformity. Section l3, Section 8.17.d of t}~~ Hillsborough Z<rning C)rdinance is hereby amended by replacing "Sign owners ~i~ii h.~ contacicri in :,,-icing or by telephone if they can be is?~niified withi~~~ l~" ~~ ys ~ ~r ~>ign remova'_ Si~~ns will be stored for 30 days from ;~:~rnaval for retri~~ _ by ~~~~~~ owners" S~itli "!'ersons or businesses who repeat 35 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 36 of 54 ~~• U ~~olar,o~;,~ thin provisio, ~~ce ~-~~`thin any zip ~~e~iod may b ~ _ ~.. to ~~-calatir..~.~ fi~:esasdescrib~~i , `~~ct;~;n 22." Se~u-.gin 14. S.ctioi; 8.1~ of the i.lil~• , :.~;~1 ~",~:,ing O~d~,.r ~- .~ hereby amended by e~.~-ai7lishing amaxitntr;~~ si;- ~ ~;ht ~,~ •ct ~n all c~~~~-_ Section IS. Section ~ the Hills!~or ougi~ i ~ '-):diuauce i~ i~~~eb~~ ,r~r-uC:c~1 by t ~,ia -c'e - scc',it~ns <<a +, ..~ ~ ,: an:', <,' ,. ~,.!~~ ti i.. i~i~llc~~: ing: a) W ~: ca°,~~ in ; mu.t;-:~n.:~ ~~ clot ~:cn; shall 1 ~ ~:i:c~~cd the same ~ _: as ~. ir~.i~ir ~•~,~ `~>, e~.,,..;i t!~r. onn o:.~- ~ __standink~ ~ , i be allowed a~ ,l it ~ shall b~ ;~~rat~~_~ iue -._~~nu-~~ i~~:~r~ Cie primary vehicle ~,~~~~ rd !;r ,:c strcct ~A .. ~cc5s is located. b) ' `ic owner of th<: mu!. ~. i,~° : ~_~~ ~l~r,,~n;~nt may it1~,U„x,r~,:,; outparcal uses on a u ,~~a identification sien :.' thc~:~ ;~;i~n. Section 16, All provisions of any toy n ~~rd insa cc in conflict with this ordinance are repealed. Section l7. This ordinance sl ~ ' h~- r;:: c t,:~~ ; ; , ~.: apon adoption, The fo rego ~ ~-~inance having been. submitted to a vote, received the following vote and was duly adopted :' I ' day of March, 2(}t311. ~ Aves: __ ~ _- Noes: ~ ~ Absent or Excu _ . ~. ~ ~ Donna F. Arrrtbnster, Town Clerk 36 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 37 0154 (.L~ r ' t fio~vn Board's ~;tat~ rncift perN.C. Gen. Stat» 160A-3$3 The Tbvm of Hills laorough T.~,~n h~ Ica lags reeei~~ed .rid ~ c~°iewed the appl:~:-r.~ ::~ ~,.~ Planning staff to amend fhe To~~ 01 liiiL i~~~~re~~,,:~h Zoning {~rdinanee as follc,~~~ Considers ~~inn of an {ordinance amcnd~-:_ ~e~ •~x~it4 3.4, 4, 5, and 21 afthe Zeni^g Qrdinance la emenn !i~c site playa t'eview larac ~~ a~ .` _aav':~?~~ a Technical Rtrvic~~, ("~,~n: ~rr.:_c "1'he Iii"°horough ~~ n~„ ~ Boa*~? !~~as ,._ , ~~,~;ried ghat the proposed s~~ t;o:, .. stmt withth~ To~m~ ~I?i11sb~~~u ~ ~coml~~c'ne~; l ~, and the"I'ownBe~.~d ,-~~. .~iactiononthe amens? ~ t is r~ ~~,~n,;i its an~1 i~: the ;:,'.,1~~ ~:aterest fox the follo'~~ i~ ~ ~: '~: Th~j~ruposeclre~ t~'jnnc,~-= j~~ r r:,~s!nu~ulcYt;, ~ ,t-rr.ttieS to7nCludc <tr,~p;e'aplar; ~~~ !lu re,~reKr of large; s«le uar .;~,e, ,:n~pacr ~ u°cr~ :-'lsborough. 77te.~r~z~f rE~ i~,- ~ -~_ . tfl~'eSi:;il'iUi1(7gPOf~?~~ i+JJ<'S.Sip7u .'tl~~ .:iiGlf~te'LUT"2ViL''Wtllit.~Ct6L'tt2~Llldj30tTPOtllitlfl?f~Oj8Ct5 zia a ~=rlrnaccrl »iur;;r, Ado~te:l try the Town: ~,1 1l iltsborough Boar: oI~ C'ua;~~ss,oners T,taia f~ day of-~ -''' ~'. ~. .'own Clerk 37 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 38 of 54 tjJr •/CI AN {ARP.,,, . _C E A1`_ ;~'~ _C ~ _ , ~:~ iN~ ; ~ ' ~';~>. ~~CE 'TIE BOARD OF CO141MISS;O - ~ i,S t ~i r; i% ': OF HILLSBOROUGH ORDAINS: Section 3. ion 3.4 c,i thF I iillshcu~~ ~_~h Z. :~~ C)r~>> .~.~~:x is liereb-~ a~-euded byrepla~,:r,c ~~~e Pennitterl L1.5 "[~I;leai~ the attached ~ ~i~i. to .efi; e: _ ages to the r~ ~~:~~.=- process for most ~~scs. ~~tion 3.4 stall efi~r to i~~~. aes i„ the ~ ~ .. purpose zoning districts. Section i.4.1 provide: i':s; _ ~:~,rs it tF:-~ Ofhce district and all special use districts. This ordinance uc,e~ nut ;mend Section 3.4,1. Section 2. Section 31 ~:!,~ Hills'~~ ~:. ~ ~o~ ~;, (, ~~~:uan~.~ ;. ?~~ereby amended by adding subsect~; ~., rollo«~s_ ~ ~ : ~~.!e a ic~i!ni,:al Rey ~: ~.~ t'~n~~mittee: 23.8 Technical Re~~Ew Com~nittr: 23.8.1 There is he c!~, ~~.b'~~~'icd :: lcc3~,nicra Rc.;t," Committee to consist of at least three {3) memhe,s -the _ ~'~tg llirecor, '!~,~ To~~;: i :~gtneer., and the Pablic Works Director os their r'_ _ gees. 23.8.2 Por - r<<;d D,v.~_, The Teclv;i_-.? R~,.;~ ~ Comr,;,tee is authorized and directed to a.>ri:. ~,r:d apprcn~e~, aonditionall, :a,pr~; : .,r d,.n} ~p,3ications for Site Pian Approval pn~=trait ;~~ Section 5.3(} of the / •!;ine r)z ina:ue. «rr.i to perfnm? such other duties as m - I~um time to time be delegat.:~ to +t h~~ the Breru ;; Co~nm,:~; ~ ,. 21.8.3. n~~et1 ~:. Appeals from decisions ~~~' '' ~ L cctLnical Review Cur •i. ttet ~k a' ` ~- +^~ +he Boa.u ~,fAdjnstsnent. "] he proce ~ .,,,,~.~I;; !o the Roard ofAdjustn~~.l,; ~ ~_~ ~~~.ed by Section 23.3.2 of ;t:e Zoning O:. - ice ~ _ -~71y 'o appeals from do c:,~r;:tations made by theTer~r,ical Reviev. ^ ~ i~.~~:e. Section 3. Set :-2S o1' ~hc }-lilsborough caning Ordinance is hereby .;~:id~~:! to clarify l ~~ ~ ; . ; ~~ ; ~: of t ~. ohs _ i ~ ~ the Econo~ r; i c Development District as folluv~~s: 5.28 L:conomic 1)~:'.~tupr~ient 13f5trict Site dc~ clopmr~tt r ithin the Eca:~~ ~ is D~:~ciopment Zoning District shall be reviewed as re r~.,ircd by the process establi s?~:-.. ' ~~.iuun the Dcsigr, '~4anual. For developments where tFu manual requires nr allows ~ ~ sut~mittal oI ~~ Class A Specia': Use or a Planned 1~c~ elopment, the applicant shall !~~Ilow the Special Lase Pc.-n~~,: p~~~~~•i~ions i~; Section 4, Fvr developments where the mar ial : ~,~ _ixcs ~ ~ allows fo; ~ubmiual of a Class T3~ Special Use, the applicant sl~aii follow t[. C~ ~ ~.Gon~_' ~ ,r Z pern~it provisions in Sc~t_~r~ 4. An applicant for a use sho~~m in th~. ,,; _~ _ ,a a~. ` ;~_-~~:itted ~~, ril_ht" who does not meet the deSlgll mai7'~~a' i4C1L11remCtlt~ 2:1[i rec~JlriltleriUal-Vns, nla." a;~l>lj fOr a Condthonal Use ~ Permit un~l-_:,-the provisions in Section 4. , Each al~phcation for approval of a Slx>: . ' Use or Conditional Use permii will be evaluated in term of the design criteria <md performance standards contained in the Desien '~ antral as well as the genera3 development conditions contained in the remainder ofthis ordinance. 38 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 39 of 54 1/~~ r~ Section 4. Section 5.37 is hereby rcr_. ~ :~~er. . to Section 5. Section ~ - ~riequate F ihlic Scho~,! Qes, of the 3: ;'~sbnmu~.1: Zoning Ordi~:~:nc~ is hereby m<~~~~ ;~ ,: ~r~ :~;, ~~ , _,,; Chapter ll, Section 6. Secuo;;> 5.28 il7rottgh ` "~ nt .I ~ Ilillsborou~,h Zor~in_ Ordinance ar° deleted and replaced wuh tl ~:cl'ir ~_,int,',a;nguage and n~,n,t~.-;ng: 5.30 ~it~ Plau Approval 5.30.1 Lru~~ r l? i> ~~~: intent of tl~~i; ` _ r~,n ~ .:,ici _. ~ the specific e~mditinns and standards of e,~'~. ~ forthereviev :~i ~;tc pl~~,r 5.30.2 ;I~rr~~>,~.~~.~to~pproveSitt ~':.,.~ a) 'the-Planning Direct ;i',~ Ir.-~ :.uth ~;<<~ to review and, if the site plan subniiticc otherwise meets all w tii~. slrndarus of the Zoning Ordinance, to approve site plans fnr uses permitted as ~.~f '.~ prg.i~~~d tl~~u; .css than 1 acre of land will be disturbed ijy t~~c i~roposed develo}~~ ~~ ~ .:r~, ~~, pie,, <~trl~ctare mail consist of no more than 2,5(30 %~,i~arc feet of gross fl ,_ _, ,~~,<~ ;:m ~ :. _firion to an ~~:.isting structure shall consist of r;o r~~ore than 5,000 sy~~._.- 1_et of ,_:os~: i.=nor area. b} "Ihc Technical Revie~t o:°~~,n,tte~~ ~~~,tat;!!~hed pursuant to Section 2I.8 afthe Zoning Ordinance shall 17a~-e auti,r>rity t~~ ,e~,iev, and, if the site plan submitted otherwise meets ail of .±~e ,tard; rds cs;nlilisiu;d ir; ue Zoning Ordinance,. to : pprove site plans for uses ,~~:n,:,iit~_d as of right provided u~ztt 1 or more acres, but 1^~ ~ rhan 3 acres of lz.nd tit'.; Le disturbed by the proposed developmcrt-and any n~~° <~~ucture shall consist of no less than ~,`~ .quare fe~~ ,:-~~ >>o more than 10,000 square. feet of gross floor area ar~~ ~ ~ .: d~t,ti~=_ ~ an ~- '~i ~ > ~,~cture shalt consist of no less t~~~u~ 5001 square fec~ o ~ ; ~~ o: ~, hoar :.rea and no nr~. - t:.a~•, 10,000 square feet of gross i i:,or .~rc;a. c) Site Plans to= proposed development glvp!~~i„g the disturbance of more ti~ar 3 acres of land c- in~~ol~;ng new structures (or anti addition to an existing stn~cture) consisting of mnre Tian 10,G°:~'7 sq~.are l;~r. cf gross flairt area shall not ,,. r:'lowed in any wnir~~< ri~stF~ct except with a Condition,;! Use Permit (CU 2} in aceoai:_ ~ ~ s with the standard: ,:n:' n:~?~ isions e:;tsblished ~. ~~ 5:,etion 4 ofthe Zoning Ordinan{ . d} The Pla;;nir:~~ I~n~~ctor and the Techr.ic~ ?<.r;view Committee shall each nave th$ authani; to refer a site plan to the Technical Review Committee or Board of Adjustment, as approp~iatc i; <.~, ap^iic.ation presen".s . tu~iq~ue or more detailed review need in the o;+ir;ion of the r~•,i;v,~er. 5uc1: ~ °erral sl.:._'~ he in writing to the applicant and re~'ie~. c;;n::. dct~ling the specific res: ~ for the iefe~r:~?. 5.303 Us~~ J3'hic>x l~enui~ c S'in~ Plan Approval The following uses shall requir+r approval of a site plan whici, ci~~monstrates the', tl,c proposed developme~~' would have acceptable impacts on surround,tAg property o- the general public: a} Multi-farm:, : ,lopment. b} All projects involving the construction c° new bu~iu;n~~, the construction of additions ~~:~ b~>~:idings, the addition of or modification; of existing imperious surfaces on lots within the CC, OI, ~~r _ NB, fl7C LI, and GI disuict~. 39 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 40 of 54 r~;'~~~ Notwithstanding the fare~oii~~, site pls,! appro~ z. ~ ,_'' not be requirexl far any use ~ti'hich requires a Conditional Use Per`;i; under ~~~~ ~'~-rn~itted Use Table (Section ~~ c) _;i~ projects ir.:~r l >> } •.~~ eonstructie• of ne~~~ buildings, for ~_. ~:;struction of additions to 1~ ~~ the addition of or mo'~~'cation of existi :~ irnperic~-~.~ -._r nCCS on lags t ~ ... ' ~ be user' ~ -~ n~ ~ i' :. ~. gin-residential uses within a residential za~~:i , wtrict. ~'otwithszat~~dirzb th~_~ ~ing, site plan approval s}; ~I~ not be requirer` f,„ ~,:;~ t~~~~ which requu~:< a t litianai Use Permit under ~lre Permitted Usc ~. a~~~~~c r~~, t~~;.. 3.4}. 5.31 Tlireshold for revie~l The fallowing work is ju:~~. s~i>ie.ct to a site plan evie~~_ ^ravided a <~~ ~:~ ;hawing and Zani,~-" ~i`.-pplicationdem:,~~ ~ ~;cc~~mpl. :~withtix~s:;rdinance: a) d4itionstaexistu~~;~;_~~,.~:,ider~tialn ~~.•~lamilybuildingsaf;~~~~sfarless b) Additions t~ c~ fisting n,;;~ residcotial or a ~,`~ti-family buildings ul~ir.l, constitute no more t?az;! a ~°~, chrange iu the site huil~i;n total ~~ ,"~ iuIllOT1S Of' mOd1t1C8t1o1;~ ., CX-~LL'~ ',~~?I'+ert']OtJS ~-.:rfilCeS, uiClUdrng the paving of ;~~c~aiously graveled s~.n =cs v:ai d~, ~.•; exceed the district imi~ervious surface limit AND does not char, c.c ale sre hn;;. °~. ~~>us surface by more t',an 5%. 5.32 General Requiremer~~ a} The appl<<;,.~! ~~.,r site plan approval si,a„ submit all informado., =~=wired to be submitteu ~~,:': Ganditional Use Permit z;r~;icatons as set forth fir. Sccror• 49 and an; a~,l~~,~~umo-,i information needed to demonstrate:- <.r.d support c~:,n:pliance with the s' ~,,,;-~. ~ ,1<~ ~ '' evaluation. 5.33 The Zoning Offi~:cr ar~,r;%or i1,~ ~ ~ ' ~ ical Review Cammi#tee may refuse to approve a site plan on the grour•u~ its,.;. a} It 'ai i~ t~, co~upiy with any specific requirements of this Ordinance; b} It fails to adequately prc*?°ct reside°~'ially coned property, or property in a residential use; c) li Fails to provide <~ ~-_ ~ ~ ~~:_;;.,;ons iarp ~_~ •~ians armotorists, or 5.34 Minor t'hanges and Modificatiar~~~ to an :fit l~r roved Site Plan After approval of a Site Plan u~o._:ficatians can. be made to the approved Site Plan by appl~'ing the procedures and crit~°ri;_ Bound in S~ation 4. orthis Ordinance. a) Ste Plan Approval mad. h_ re~'o~ed 1~.,~ the issuir:•g authority following the sane procedure and atp}>l~„~:f '.lie same ;rt-aria as established for revocation ~~f conditional use pc:n~it~ ,;; Section 4.8. r,: the Zoning Ordinance. 5.35 ~+spirrtion of Site Plan Apprnval The approval of a site p!:: rn rlor site pl: c : ~'res 24 months from the date of approval if the project has not l n construction or ~ ~:ceived an extension by the Board of Adjusvrent. For the purposes of this section "begun construction" shall mean that the walls of any building to be built for the project are under construction. 40 March 10, 2008 Regular Meeting Approved: April l4, 2008 Page 41 of 54 #YI '1~ 5,3b crested Ri~f~t 1 <,t~=l:i~~:ed A ~ c:-~~ed righ~ pursuant to Section 23 is established 'n, .'.e approval of a site plan pursuant i,; ~~'+~:, section. 5.35 St:mdar~3s of E~°aivtatr~st Thw „,;~ ti in~~ s;~e~ ilic standards shall be used in deciding upon tht ~;~_~ro~~~al of a site plan: aj The wa~itten descri9~;:,,~; :~'" ?iu ~~peration a~ ~'~c:~,~~ comphanc_ ~., is t?:e stated standards in the F: ~ ~_ "1 >~' le fr the di~tr~c, applied for in tit ~~~,~'ication. b) The lot area is c~~ ~ _ ~~ ;irt~ :~ ,t1 ~.~ ~t:quiree~ ;~anh.ing, access, yu~c, areas, and SCreeJ1_S a'e pt';)vit x ;-,. .~~ al?`, wd'. !cr~ to t(1c ..~i~_'d standards of the ZOning C?r?:i < <iitc, c} Thy fi~~ p,oicCiitn~. }>lan has been revic~~.~a; =;nd given written aacepta~nce by the d} Tlae prop ~ ~ ' r.?ifity h'.-.~~~ ~~ en nnpraved in ~"r?un_~ ?~y the Direcnv ~:;'t'tilities and r ~,> ~.~iuire i~~,~ ~~,'~?inc,~~t o! :ary exist ~~ ~_~s~irns by the ". .,,~;~~ of Hillsb~, ~_- __. e) The propose ~ landscape plan n•, r its the ~ _ ~, ~ ~a,_ nts of the Zoning Ordinance. f} The prcps;;ed ~:xterior liYi_:~ng ;~'~n and sums meet all the Ordinance requirements. g} 17riveways meet n. ~; ~ ~ ! t r~, crn . , ~ <tricii n c access to the property and design standards for safe! a~:~,'~ :-~,,~nt ~~.:.t~; ..~ntml. _ h) The parking layo~.'. ~.~~ the mininrursa stan.i~!ds of this Ordinance and controls storm water r~~„,-'? or_u :<tr~_cts acid adjaeentproperiies, i} Gr.,ding, stomp d s.inage, and soil erosion control plans have been approved by the ti,~,~rge County Soil ,.;._ ;rosion Contro3 Officer or consulting Engineer as :appropriate. j} The location, screu,i~,,~ .n~~i cr,;,sttaction specifications for gin} required ar a~rapcsed trash ao,n~iir;er~, r,;cets the n„ri;num requirements of dais O~~ainance and tk,:c i)range Councv Solid waste Mana~..ctt~ent Ordinance. k) Thr: site plan shows the l~.~ea#ion and di stance to any structures within one hundred (100) feet of the +Jcv~1~:;~= - arc° of this project- Tn addition, the <ite plan shows any other signif'i;ant ;, - ~-,a1 feawres within; one hundred tiu0) of the dev:lopmen# area tha? ~~~~.::c~ ~,Cfec~. the developn~cnt of the propcrr:~. I} Ti:~ '~:~ Eric impac~. staten~c:,t, ~~~ `~ s.,bmittcr,. show; iulpacts that do n~, degrade the c'::. of service a# any titudic~i inter~.cction so as :~~ ehang~e tire: ]cta~r grade desi~r~aion without Comp~nsatim~ imprr~~ crnents fo mi;.tta(e the let#e, chc~n~~'e. Section 7. Section =',-~ of t?~e kIillsbor~.~~;nLc ~;g Ordinance;. hereby amended to read: The folloN~itr=~- ~:ui :~:af information, is t~i~~~1 for E~ '-tional Use ,applications. Nctr Portions of ttais information can be aced to sans,; +.`-. ~ requirements ;-. This Gr~iinance. 4l March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 42 of 54 ~1.1~ Ten (IU? copies of the s-~- ~ l,_.r ~::d ;: a .c.-~istered ;cline land surveyor, architect, lan~ls~~~?e :~~re.~it pt c ~~in~~~r ~. nicl; , ,~ntain tl-.c Ccil ,~ ; a) Noi~i ,~~~~ t. scale ~:nd duty. b) Ft_,;, a,.rp of the lots{s} to eh =~~!, labelcu wi'h 1,~, ~ > and d: ~. c) ~ ,c::pity R" i d} ]~tia~icci ~ ;.~iion o'` r?~c ;,repo«,d tae„it. -~chid:nt; .!re type of business or i3~aou~~:.'. i _ ,_,,~eratic~ii .:u ?lle tOt~.1 nun~~.: ~ , '~ employeestshift, e) t'ol~~irs of X11 ~':.'c hermii~ ; r_ . ~~, - ~~quired for oh i,:~!~~, ~'~~a can ~ :~..e~.;~ec in a~1~,:~~:..~ ~~fo~cning f} Ease„_ ..,r.::u bcde~~clop_~l. g) Loc:uvn~ ~d ~=~ldths of a'1 ~ eni :~~•~d rights-of--way within or ad.a: _ the site, h) Lot area ~~~lu~ t ,~;. ~~, mcnrious a,ca at,~ ~..:disturbed area, i} Lt~catt~:n ~; i ..1 ~. ; ~~,ti,ig or proposed structu~res or the site. j) Utiiitic; pian, incl ~- ~:-e ~xtd locati~_ °~: c~ ~'~I f:~i~tittg and proposed sui, ic- -ud esscmcnts. _ - k) Landscap: pl~u~ ~ . ~-~.n~~ proposes s_ ,:~~~ir~f~ and e:xistin~ ~~~getation tc, r. ~ ~~~ aflerconstr~cror~ ,.rr'~~ pedestriancireui::•i,n 1} Location of ~i! are .« rn1 the site subjcci i~, flood hazard r. `~ ~"ation as shown on flood rIla~l6 Or eq; ?„a1~3. mj Location ofal I t. ~-!~r ~ ~:.~r,~s on :'::~ ~it~ _ ~,lcluding direction of flow. n) {~utdoorlighting~~~~,_.. ~n~~~~di~lti~~~~~=s_'~,;-;:- o} Cross sections c~F ~ ; ,_;•~ r~.rc:as ; ~l ~„i~~e~~'ays indicating subsurface or surface p) q} r} s} t} uj v) w} x) y} z) treatments, Existing topagrap~:_- <<:.~ ~ ,~ntour -:~~'~.~ of five (51 feet based on mean sea level datum. Grading, storm drainage, and soil Bros „ontrol plan. Proposed or existing fencing, signs, screening, gates, parking, service and storage areas. Access to site inc?u~tin~ sight distance< . 1 ntl roads used for access. Location of dri~~eways on adjacent parccis wiU G 500 feet of the proposed site access, including those .~: ross any aub ~ ~~ < ; ~ ~ F, r i ct: ~ ; right of way. Location and number c"~, -, h, dumi~~tei ~ anc rc;~:~:ing containers. Architectural ele~: a:i,.~, all ~ ;;tares ,;~,~,,,~,sed w be used in the development. Location and dis~<mc~ ?~s any existing st, uclures within one hundred (100) fee. ,~= the developm~m .~, nd any other sig;~ificant physical featwres wiil]in that distance. TrafSc impac' st<;~~ ~~7ent showing pre ,,~ .f post level of service for public street intersections within 500 fe=.~~ of any s•I~v ~;:7veway. This req;.irement may be expanded for sites with i~:gi; traf~^ volun:es or located wikhir: congested areas. This requirement ma. be waived for ' . ons or buildings totaling 7.,000 square feet or less. Names and addresses of +~.,..,~.rs and applicants. A fee, as set bytl~ ~'~ ~ f C~nr,n;issioners. 42 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 43 of 54 ~~. ~~ aa) Anv info' ~r~.:~_, ~ squired pars: ;nt 1,. Section 2 ~.='i;i~; h ~- a site specific devel~~~, ::~ ~:~ Man not ah~e:,.I,. rc~{~,.~~r~~d i~; ~ _~:in. Section 8. ~:-ui~:;: 4.10-4.39 are hereby :n cn<t~r4 to ~ "and tl~e grange Counr~ Solid "~~stc A~. ,ren; Ordinance" to each se<tior ,,i reference to comply n ~,.~iti~, the Zoning {_% ...: for trash acrd re, eltrr scr~:ce. Section 9. Sectim: - ,,i tl~:c Hilist~orx,~~l: i:., .imp ~: ~~:dinance is i~~•:°h, <;~nended to add the folin~+~n~ a.5 Section 4.Ib suh ~.>;~a~ot _r~ions ~~ill berenwnbered: 4.10 Usrs retluiring Conditional iJse 1'crnrits Lzscd ot~ tic size, intensity, +~~~ luP'71(10~: of the Llse 4.1r~ ' n r rzt Th:a ~,ectin~,~. provides submittal tt'uulr,'nte'nt" aad ,~.n~iards cf evaluation ;~.; , _ ~ry the Board of ~ :•-.c,tanent in re~~ic~ri~,~= i ~;r~ditior:~ I L's~~ _' Permits for uses ;,ro ~ ::~:.: 3 or mare acres ~,f disturbed land, ext.. ! (t,00~- ~f of ~~ n~a building area, a ~~ ~ ~~~~;~~; .~; ise requires to scek a Conditional l ~_ F~ Pcr~srii by S~_~tion 3.4,1 and arc ,~~; ,,~!,~,r~~isc detailed in this secti~rn. 4.10.2 ~tartdards of f; ~ ..!«<<ric: The follo~ .:~~ specific standards ~ ~-~1'~ be .~ red in decict;nt ,.po:, an application for approval ~~ ~ _ _~s in this category; a} Tn ~r:itten description a t}~c open. on inr.icates compliance ~r ~, ;;~-, stated, applied for use and that t~s~ is pcrs~i,ted r~:, : condit_~onal use <,~t'r;i,: t! . ..o„im~ district. b} The lot >xrea is of sufricient s;°~ 'hat ali requireu n.:~ i~.i::g, access, yard areas, and scr:~~,~~ a;e provided with . ,,,~~ ~~.~~-fiance to the st~~tcri standards of the Zoning {~r~U~ l mu7ce. c) '7h~° fire protection plat:~. 1~.~;~- hcen n:~~ iew~~ and approved in w,aing by the Fire 1,~1 ar shat. d} The proposed ut l~ty plans has been reviewed and approved to writing by 11,e Director of'E.Jtilities and dne~ not roquire improvement to any existing systems b; tl:e Town of Hillsborough. e} 'I~}~eprol~~osedlan_1~~:;~pc~-~!~~~.meets:rheae~~~rementsoftheZoningOrdinance. f} ';~l~e proposed ::~• i~„~~: lig_i~iin~ pla~1:; r~:~: ~ s the requirements of tine Zoning Ordinance. g) Proposed ea.d existing dn~~r~~.avs ° .~.^ts requirements for restricting access to the p;opem~ and dcsiE~n ~tan~::r<?~ i~~r ~:_, :,r,d stormwater control. h) '(~he parking lapoi~t :~.~;~. ~turnr,~ ~-~,~~ ~ itrol plan meets Use standard of the Ordinance ar,c p~~~ve;tts st~u7m~~ater n.:nufi onto ad,}acent lx~~~periies and public rights: c: r,~ay. i} Gradi;,s_„ stormwater cot.~_rui and soil erasion control piano have been reviewed and ap~,~roved by Orange C:ount~. Soil and Erosion Curnr~~, or other deseit~~ted authority. j} fine location, screening, and construction specificauu.l far any required or proposed trash and recycling containers meet the minimum requirements of this ordinance and the Orange County Solid Waste ]vlanagement Ordinance, 43 March ]0, 2008 Regular Meeting Approved: April 14, 2008 Page 44 of 54 ~~/~ k) Structures, dm~e;vays, and ether signific~.~ plr. - ~ features within 100 feet of the develo{;..;~~~~- area of this pr;-~~~.:: arc proir.t4ed from adverse impa~~ls as required i,.. rdinanca Section 10. Sec~ic•,~ nr the Hillsborough Zonis;; ~~rd~~:~~..nce i~ hereby amended to add Sec~r~r; ,.:4 as follows, subsequent sectiu:;~ ~~;'~,! be renumbered. 4.J4 Church or Pl.~t~c^ of worship 4.14.1 Stc~ndurdsuli:~atuarion The followi~~c s~.._c='e standards shall be used in deciding a~pan an app?;~.~~.'~~.. for aplrroval o e~:~e~s ;n dais catccor, a) The ~~.:it~en description of the opera~,o~~ tr,r!., ~~~te~ c~u~:~nL.ince with the stated, applied far use and that use is ~~e~-nlittcd as a uondi;ic,;:_~. ..~~ witl~~TM the zoning district. b) The lot area is of suf~cient _~:.c ~.h .a al_ ,squired park~:,~. _ce~as. ~.. :. _as, and screens are provided ~~~itt~ou_ ;_ ~ •~ar~,m~ce to the states _iandard~ of uu Zcming Ordinance. A cram` ~:n:i~~„ of on-slb~;ut, ~ :. s{te. ;use' shared par, ir.e t>>ay he a!lo•,:cd with the a;-~:~.~•~~.. o.'the Board ofAd atme_. c} Tn:~ ;',re protecti~- ~~ been reviewed ~: ,.' ~.,~;~d in writing; by the Fire M.~.. ,hal. d) 'hits proposed ut?,!y plans has been review~~,~ :_~ ~ ~;.rr;ved in writing by the Director of Utilities a ,,i ~loe~ not require improvemcn°, ~c :;ny existing systems by the Town of fiillshorouc~ e) 'i7,: proposed land ~:e:~t~ i.._ r~q,~~~•~rnentSOfthe;~om .~, (n~~3inance. ~ Tl;~ proposed e ~ ~ i~a: i ~, c.- n ~ requirements of the Zon , ng { ~ ruinance. g) Proposed and existing d*~~.~~_°~ _:;~_ ~.;~_ ~~ .-.;-.irements fur restricting access to the property and design star;~_lci,i.~, for : ~~j~~'-:~ arc stormwater control. h) The parl,c, layout and stor,~h~.~ _: cor;~:ol plan meets the standard of the Ordinance : ,c' prevents stormwater runoff onto adjacent properties anti public rights o ` ~ - :__ i} Grading, sto:nn~ater control and soil erosion control hleuts have beet~~ r: view8d and appre~~ed l~~v Orange County Soil a~~d Brosion {07";tr61 or other tiesi<;tiated authorit; ~} The ]oc~a;o,~, screening, and car:>mzction specificat:~ons fir any required or prop~sca trash and recvclirh co;itainer~ meet the minim:u~; acquirements of this ordinance an? the Orange County Solid 't'aste :`~~anagement Ordinance-. k} Structurc~~, d~ivcttiays, and other s;gmificant physical i~_ ~:-~~~, within it30 feet of the r.e~c?opment a;~ea cf :..~, nroje~,t are proter-ted ~ ~~~ adverse impacts as regi;i~;:d by this a^,'~~n~inc~~ Section ll, b'ection 4.16 ofY~:: 1i~i~~,si,orou,gh Zoning C}rdinance, dwelling, duplex, is hereby deleted. 44 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 45 of 54 ~1~~~ Section l2. Section 4.15 c~ ,, ,c Hillsborat~~r1-. /~ ~ C~ :~,~ ,e is hereby added as follows, subseque~n! ~_.~uons will be renttmbern: ~i.16 P~~ ~•lling, Condcuninlum ~IJai#. i3v~~nershipj Developments 4,LG.2 .,.,~ ., ,~ 'I>>e .~~~e;~t of r~,°.~ ~}~~e of de~cl:;, t ~ ~ provide desirable overt space, irec cm~~~- r~ creat!o-, ,~re~., scen:~ ~.,.~• .rid ~ _~ict1• in re=,icfential housing types by a11c:~~:in~, ccrta,in v rr«tinrs ~.~~:~. in ; ~ i~~:sior ~,_i'or the est-~~1i~hn~en of townhc~~ses and cr.,,~i~-~; ~~;. ~ci~rd t~v `~lic i ~~~;~.~;, so h- ~ _:all ciri.~~, ~,fdwtll~n_ ~.~,a,i~ ~ ~~~., tL._~~s ~~p:~~mittedbytheapplreabiezcuiing r:u ~ircnients and ~~amii;;< steno , ,.~~ n' `:~.cnr,~•.4~1$ i'©raparC ~-~~ts. 4,16.2 Ad~'irn ~~.: ~ ?reguiremeru~ In ~.ddilin~~: to the req~:`.r~~meni ~ ~.~.,n 41~: f~_a 1...~.o~ .a~, the tolowing shall apply to co~;aominiums; a) Before a declaration estahii~i,ing a unit oP~ne~shi;: develornr;en'. may be recorded in the office c~"'te Orange Count. Kccister of Deeds as proscribed in the Nora: County Reis of Deeds as pre: en's i in the North Carolina Unii-Ownership Act, the d::; ,n and plan shall 'o: ~,~~prr;cd as pro~~ide~t ir~ this Section. Such declare#i~;~ ~ elan .,hall conforn°~ to a~pl:_ able sttbdi~is'or.- -eguirements ar,d to the zoni~:~~, reyu~rcmenis as sef forth in this Ordinance. A'c, Builci;r,r Pernsi ar CeN,!~~~~;,;~- of G:cupanc~~ shall be ~~nted until the declaration and r a': t~:as- been app ~ .~n,i reco:~de~l in the offier ~°,'~ the Orange County Register o: r)~ b)~ The dec~ ,~~~ shall h ~ zn,nplctc~ +cga; document prepared s:~icay in accordar~~ ~ .~h the Ncrt; ~,li,,a Unf; ; ~ ncrhip act. It shall be submitted in final form ;~, :~~. a i 2) co~pi_ ~ . ~. <'onin;, ~•_jtficer as part of a complete application packet, c} The plan of the pr ~~~ ~-_... 'c ~~elopn~ent small a~ ~~~;vi ~ ~~-ir,° folio«~-in~ particulars: I) The nxirni;.,r of each un~, and ~ r~,etement of its location, approximate area, numbc~ ci rooms, and ir.,mcli,~~~~_ e~~-rnton area to whie}t it has access, and any c~.l;c; data necessary for its ;~,rop~_ ~~icnt~fication. 2) Description of the general con;mo:.._~rr~~ and facilitic: as defined in the Nosh Carolina unit-t7wnership Ac::,nd ~I;e propo•~i~mUtc interest of each ;nit owner therein. 3) Desor;ptior of all h?~~r-.':,r~~ lines between portions of the structure designed fr~r cifleren~ c~.. :-ship. 4) Description of .~11 f<:r,<-<, balco;;ics, patios, etc., which form a part of each ur i t, 5) Descriptic:° ~~i~ any special common areas and facilities stating what units shall st;ar:~ tt:e same and i~n wh_at proportion. 5} Staten,~~n` of the purpose for ~:'.~;ch the building and each of the units are in;er.ces ,GUd restricted as to ~~~,~ d} The recoruauon of the declaration a final plan shall be con3pleted by the owners ~~ithin thirty {30) days after approval. T}~e fina''~ p'~:~ shall be prepared by a licensed professional engineer and be in conformity ~::~i.!~ tic approved plan. If any strect~ ;,. utility easements are t~:: be dedicated forpubiic use acid rr:,r,-itena~~ce, 45 March ]0, 2008 Regular Meeting Approved: April 14, 2008 Page 46 of 54 t l t~ ~ /~ a seF~~,~ ~.ubdivision plat si~s:'.~ Pc~ ~uhrr~~:.e~'- ;.. accord with ~~p~;l:ca~;~le rcq ii; ~nents, 416.3 ~'~tm:dt~rd" ~'r;, - ;.ri,~r•. Gdt~dc~ns~niu n d; ~~ ~~;~~etits ~:i Sirr _. _. ~i~n ar:d velriCUlax~ c,cc~~n.~iuuiation~ 1) VJhcrc h,,i~lio strccr~• a,c required or : - s~,~~,~~,~d out to the property, such strr"ets ,'.rll be co;n ~u~:er, throc~.~a ; roie_~. ,:~ determined by the Board of Adj, gent. 2) Pt ve~.~~~~~ ,.~.'~ be pe37t~itte~~ ~~ ~ t};c: ~-:,,ec~5 : .~. the maintenance respor~ i~t}~ rrst~n~~ ~~~iti~ ]t~: ~ _ , ,~i~e~ associ~~~-;;~,. Horizontal and verticr:~ design of , ~;~.: '~ ~ shall be suci~ ~.~ tc accomanodate emergen~_} and ~~:-:~ ;c~, ~~rLicle~. b} It sh~~!1 be tax re~pr;;~=~,, of il_ •r;co•~_~ ~r~' association to maintain uninter'r~zlacr. t!: fti, flog; 1 »i. .~~I~ ,.~« diwc+.ti~ r~ w~!};i~ ,'x prC+tect. Tf it is i~,s- necess,~,~~ ~o, 'no ~;a~E~in~, i~c erected in order re ae~omplis .ibis is to h~ d<,rc at the expense <;t ~'~;_ L~meo~~.-per:' :association, c) In no case shall the To~~,~n lc •._ ;;~nsib(e for failing to 1~~-: - ~ a~~•~~ . ~~ ~.~cnc~ or rr,::.,i~i~ fire, police, c:. < < <.r public scr~ inn to such d ,~~oh~ _ .° or their o~c~,zpants when sue:, ~,'~~ue <<, ilie laci ~~f a~~_~~ ~.r such areas due to inadequate design ~ ~. biocki " ~ _. . ~ routes, or any other factor v,ti~inthecontrol ~;~,::,hc~mcc~~ ~r:.., c:aucn,oroccupants. d) Iu no case s!~al~ hhrm a'. o; cep n~_.~.;_ grants c i,_r the use of such developments be ~.,~lid u,~li-:~. ~°~~ hr,~;_-,>wners' a.~~o i<,:>>~~; documents clearly indicate the above lirr:,+,=~~~~ ~ on '~ 'Dun's responsibility zntl unless all conveyances ma~'_ ,.:.:~ >pec~ to ~ developn~~cnty clean,- indicate the limitations on the ~ ~-~.~~:;~ ~ cs-possibility. Section l3. Section 4.iR of the iiillsb_, ,~c~'~ Zoni~:;g Ordinance _ : ~reby added to read as follows, subsequent secrir:,~~~ ~.~.~`ll be re~~~.~r,tbered: 4.18 Il~`eUing, apartmeta t 4.18.1 AdrCiti©naC In{orniclti~r: Tn ,.ddition to the i,zion,~ation required by Subsections 4 " :~ ~ ~-~~ ~" 9, the following shall be sot Knitted as pars o! th~~ a;~plication: aj Site T'1:' s:~~.~~~~mg the number of units, the nuracs of units per buildir~, the numl•,~ ~ stories, any pleasing ~ ;~~c project, the minimum lot w,dih and minim, ;::r distances from bt1i1~,„~~ ~ ~ g-~blic rights-of--way and from all property line. b} Location, size, and landscaping ofpa -posed open spaces, buffers and y~~rcl areas. c} Typical cross sections on the proposed interior streets, parking <seas, and dri_~_E~,=.~~s onto public roa~~s d} L'tiiity and lighting p?^,~ <~':~•~~:~~ing the size ar,~i laca;ion ofthe system. e} The location of exis:i:;; 'r._~ls'inas an a~}acc~:: lqr~ which are within one hundred tilp©}feet of theproje~~r;~;~~,~r~vline. fj Pedestrian circulation a~~u ~~:.;rcauan facilities pla«. g) Storm water, gradin_==.:.; ~. soil erosion and sedimentation control plan. 46 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 47 of 54 ((}~' ~1 h) T .:: ioczr:~n and number of trash ' , -s~-~~ ~."'he c~_ rstruction specifications of tY ~ had ~~, ~,i an}~ screenutg,. i) ,~_,;; otlt~~ ;nformation requir ~ ; ~ ~~ `..:tiny, 23.2.d far a site specific ~lc•~~elopmcnt p!, ~ not already required herein. 4.17.2 S'ttr3~tia~~i~ ti17~:valuati~-~. Tl~e 'oilo~~iug -; _.~i~; standards shall b~ .~ - ~ ~iec,ding upon the approval c-tt., plan: a) Ever} ir;[ dcvei~-hod fc~r multi-family purpose> r:hull contain not less t?~r:n 4,840 squan• fe<_ r ~..velling unit develr ,~ :' .° :each lot i;~ dcte~ ~~, the n~mbc, of dt~,~ellin . ,.~~~ perrnissible on ~~ t~.. ~ i~:nd (h~~ dividing rh~° total n~,:nr~" ~~i' square fc~ ~.'~.;c tract contair,~ b~: a,.: r...n<m~ shall be drohp~-d. b) Th~i7rn,_,sed dimensional rcquircr:~~~:~ ~n.et il~:c following: 1) '~1 i.~".~. lotwidtl~' tv~c~ huriirc: (20 ~; ;ee I`1 ;,~.,~, lot widths s!iai ~.,;~ m::asured at the ~~ ~ ~'~ 'ine, or at the b li~~~ !ine only when tl~;~ _ ,_ain~ line exceeds tl~_ ~>3~umum required g:~tL~:r,~.~: rustance. 2) ~.;~r;ur,um side and rcaryar:! ~~~; (40) feet. 3) t~i~:nirnurll front yei~:~ thin, ~ ~ feet from the edge of t':e publr~ right-of= •., a or sixty (GO) (~r e[ ire ; center line of the road, whicl; ev~_ ~~ is grea,er. 4) Mir~~~;~u!,~ fi~onta~eon apublicroad ~ ~ f., ~ _ired (100) feet. o} The entry . ~.~r~ and exits for the ~ ~:..~'.~nr,~;~i :~.~, _!~,'ect]}~ nff a public road(sj which i~ e~thc;r a collector ~~ ~rccj aml :Meet the a ~~_r~~e,ay standards in Seciir~~, 6. d} The interior ror:~:Is and ha::~har areas shall be ~, _ ,~_' with two (2) in ', . ,.cTg2 or the equiv ~~_:~' a~~d .ne-et t}~e minstt~~~_m r•andar~i~ ~~. t':~:is Ordinance, ~~_ ~;u'kin~ s_pace~~ r.itrvided shall mee c s:a: ~:~ic!5 ofthis Grdn~.~ri~. e} The prc~i,-~a ws served or , pr~ih~- to be serve h~ ~.a:iic water and sewer systems. Th~.. proposed disiribui;~r_ systems have b =n r__:~ tc: meet the demands ofthc iu,~lect, including fir-. ;5~~~.~:;, ~~aa.. f) The Tire Marshsl ~;~ ,~~:;;~icd tr,e fire protect;ot~ plan and offered recnmrnendation5 to it, shectiically the location of fire };ydranis. g) The utility plan h:~s been recie~+~ed anri approved by the public works department and the Sta#e has appro,~c~ t~: _~ c~,tension ofthe Town': ~ . ~ ~.~~ ~~~ The lightingplart meets or excced~, 11n _ .~:~i~;cation of tl;is Grdinance. till utilities. including electrical, telepho;:f_, ~~~,~ gable televisir~n; arc to be installed underground, h) The site plan si,o~-vs arty buildings an adjacont properky within one hundred (100) feet of the prof ccCs property line_ i} The grad;n,r storm drainage, and soil erosion and se,~imentation control plans have been revie~~~~d and approved ?~~~. Uic Orange County Soil Erosion and Sedinxentatian Cculroi Officer oreon~u'~~i„t~ F:ne,ineer, as applicable. J) The pedestrian ci,culation minimizes the conflicts between pedesn~aas and motor vehicles. it pro•<ides convenient access to all common areas anu facilities and to pUbliG Str~ -' 47 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 48 oP 54 ~l. ~ k} The ru~~,osed trash cc~~:~,~~~ ~ _ rcc~cling s~~stem meets the requirciuer.s ,r ibis U~ ~ ;:,juice and the t , .,,r,~ ~i~[id 1'`~ «ste':tanagetnent {Jrdinattt 1) '3'~~_ :~~,.e plan shoe ~ ; n of the de~~c~J.~:nmen#. including a~ ,~ ~ ~ _ .--~nt phases. If a dev '~ ,:r~cn: is [o be built in }% _ __ ~id complete pl _n~ f~,,r the succeeding phases arc nc~t ~, : ~i ~r~!e, their the requir_n,ent i:~ #his Section sha11 z;;;~i~. to each phase ~. ~,~crc~ the entire ~ic~~eiopment. Further, when a development is built in ~_~ ~ ~ ~ ~d includes irnprm.; rcnt~ ~.~~.at are designed to rela~~ to, benefit, or be i,:•~.~, ~ ~~,~ e„tira devel~~pment_ (su~' swimming pools or tennis courts), the dev~ s;~~cll submit a schc~~.~~.~;le f~~r completion of these improvements to coirtplcti~~ ~ 'one or more. ai one pi,_,ses in the entire dcr~_logrnent. Tl~~r:~ improveme~~'~ .;,. scheduled and completed before the final ph.«~ of the develapm-n. ; dun. The Board may, ii; s;;acia' oases ~exelusivc o:tiranial hardship} authori: ~ '. [hr pcm~,ittee to commen~~ the intended use of the property or t~, ~,ccupy anybuilsi~ _ ~ ~ :';ese improvements are in~~<<aledprovided that a peri~~imanee bond ~ ~::: t,niy satisfac#ory to the ~hown Au~uney is; turni~hed. m) All utility di._ri?> ~ items within the prof --~ are to be installed u ~cc~rgro~md a~~d in accordance .~,1~, the st,~.ndards of tl _ ~~ i°. ~ bleb is to provu'r pier to the prr~ect. n) L~°c;~~ multi-family d:~.:'~~, :, containing r-.ore than eight {8) dwelling units sh<~.?~ ^rovide active rF~~~~~;-, :,~~~~as and facilities in :~.. ;ordance with the folk ~.~~~: ng provisions: i) Active recrc .i;c~: - ~ .~ <<,~c facilities shall be pro~~.~,: ~,~ such extent that the sum t~~'.sJ <>, •~ c;cauou points assis~ned to each t_,reational area and facility (uncle, subsection 2) equals or exceeds the nwnber of recreation points requircc'. i, >, rwelopment in accordance with the remaining provisions ofihis ~~-_~~-.,, 2) For purposes o~ ti; - ~ _ctior~, a recreation point i s ~~ unit of measurement that alloti~~~ t,,,~~~<~u~ :~~i~~, ;,frecreatiortl areas and facilities ro be compared to one ar-_ ~... The l~r;;;~:ipal criterie~ r;~on w°hich recreati~r° points are assigned ~,, various facilities is the ccst associated ~i~ith the dc~~eic~pment of Such facilities. The following table establishes i11e recreation points assi~>>ab)c u~ the facilities listed. ("1'Y~<<: methodology for pus<_=Wing points #o facilites is explained in an apper,cii~ file in the office oi~ ti;e Zoning Officei_; Pesnts for facilities not included on the tat-~1 ~~~-~;,.,-. shall be detenninG.d by the permit issuing aut};ontt by appl}ping t',-~_ ~:~.:~.~~odology described in the referenced appc;~dix. Type Faci 1~~ Points per square foo# ;, ~ t pain#s Square Feet Swimming; Yool .463 56 768 Swimming Pool patio .020 6 ~$~~ TennisCour (;.) ,034 245 72f~} Tennis Court (2) .028 403 14400 Tennis Cu~trt (4) .025 720 28800 48 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 49 of 54 1~1. ~ Bas;:: ball Court G-: ~~ 139 2400 ~'c;:~~>~ba11 Court (; ~'~ 25 18011 Hii:n:g_BikingTrail r; ', r, b4 4000 Fita~ess Station "~'2 `" 400 Picnic 5helaer ,148 _ 250 Gazebo .3?~ . ,,:. 314 Clubhouse ~`~ b10 l~iu; Play equipment 17 136 1- Slide .~ 14 £S - . E Swing .176 8 4 b Climber ,160 $ 50 Ladder .148 S 48 Balance Be s ,475 3 44 Pull-up B .330 3 8 Seesaw .07b 6 84 Vv'hirl .333 9 28 Sandbox .097 b 64 Baseball Ficlcl .010 675 b7500 FootbalUSo~ ~cr Pield .41.1 396 36000 3) Tire minimum ~ ~~~rsat3oz3 pints required of any :;:~at,~family ~icvelopment sL~'~ _,;nal the sum of the number of r ~_~~a points assigned tc~ -~~~:~::>>: uLn~ unit accordir,~~. to the following: On: ',~edroom unit 6.0 poir.r T~~:; bedroom units 9.5 points Three or more bedreorr~~~ 1 Z.(i points 4) Play equiF.u ~c.nt suitable for Chi Idrer, unuer tselv~c should comprise at least S°io of the u~tal points required. 5) Active rer,~ational facilities an:: ~_~ ~_. ~,t>~~.~'d be located throughout the developrra~a~t so that they can f~, rc.:e,:_ ~ salcl~~ and easily by #heir anticinateti users. Suc17 f:-.ci?=ties <<n~3 ;~re,~s > ..~'d he on land tha# is suitable for the use inten,i~c ?.aye a minimum ~~~.t. 1200 square feet per area, and be suff~c:ml~ sc,~,~~!~:c.i to minimize uie impacts on adjacent residences. o) Ever~~ a - : near develc+ ~,n ,e s§;alt comply with the following requirements reg:*:i:nttheprovisic~ ~us;~bieopenspace: 1) The develops ~,, al:al! tie developed so that at least fve P~.-ticr.i of the total area of tine c c~. ~rnprnent remains pcr<nanently as open sp~:<< 2) Far purposes of this subsection, usable open si;ace refers to an arc_ that; i) is not e~~c: ~i:l~cx~_~:'~ with any substantial strur ~ .. ~ , ii) is not de~~ntec ~c ase as 1 roadway, parking area., sidewalk, or waste disposal f ~ d; iii) is ?°~~: in its natural or u-;dist~~irbec state (as of the d~.tc uevelopment beganj, if wooded, hor the cutting of trails r~,; walking or 49 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 50 of 54 (!t~' 3) 4} 5) -eing, ar_ if not ~~~ ~ ~ at the tin e _ de~~e~.°,~ment, is properly - rand lands p~:~ ;,~;,_~, the ol~ eve . ;-eatin; a wooded otbc.~ rca tiia~, is ~_ , .. _.~•tt with the ot~jcct;•. c ;n!th in ~~ ~aion iv; iv) ~ capable ofbeing ~~~~ r'<i : ~;d enjoyed `'r,~ ;~~ssi~c r~~:creation, such as welt ~, r or joggine' v} is "~~ and pry. t ~ ~:1,;° ;.: ,essible to the rcid~~~ ~~f the __ ~~ C'.uOTTlen1 out of ~~ il:C!7 ti,_ n,s_n snare is is}:en. ~r ~i; 1'~~`- public ~rlr~Iicatianufupe.,:~~<~:~. isrccurred. Except as ,~"ovided ii1 '.r,L~-~ . ~ .crct:iiun Caci; ~.. ~ ar.~a . ~::~~~~c ope'r~ ,~__ space required to hr F,ro~ ~: ,~ tieaelopi.r it ~,~~cor~_~~,~, with this scctior; =hall uci be dcdi~~ ~. ~ tl~,c puLi~c b,r ~7~~'~ rernais~~ under the o~,~,~ncrshi;~ ..~~~1 conuoi ~~.~clc,per (ar sirccc~snr} or a homeo~~~:~~~. ~ aaociatiar, or sunii>~ c ~;~;~.nization. 'l~f~~~ pe~~.,;; ~ entity identijie~~ ~,~~~~~ as lzavii~~ t e : , ownership and con?r~ ~ ~ci such recr~r :_.?ai facilities an~i open ~,~~~__ shy='' be respo,~~s~~~~_ ~~:or tLe contu,uin~= upkeep and ; ~~ -intenance o the sarr_- lfanv portiot, of any lot pry pr w~:~ ~,.,- multi-fan-ii~.v r~ r-~ntia' development lic ~~=iil;i,: an area designauci or; ~_ fiicially adop~.;J rc~r~_ . , master i-~1~ _, ~. park or part of a ~~cm~-a~: <~stem, the area so dc~~- - ,:d {not cxccudi~~~~ five percent of tt,e tot.;l lot a. ca) sh>:~~.1 be included as part of the ,.. ~t aside to stl~isf}' dre ,sal,le open space r ~uirement se' r,-~ heroin. 'li.is ~re~ rhzdl be dedicatcci to ,~.ui;!:r 'asc. The ;cu~~: -e~rents set 'Drib it ttr=: -~nion cor,ccr~~r.:, the ~~ut, size, location. a~~' nature of rec t c ..: ! ~aciiities and 1:~ ~~. c}per. space to be pmvided ',~~ connection ~~~itl: i:.:hi-f~;mily residix~' de~~elopments are est~t;,~,,~_~ by the Eoard o; Cornrnissioners ~_ ~tznr'.ards that pry :;~~~~.ely witl result in the p~o~ision of that amount o r<~:reational !aciitties and open space ''~~~' is consistertt with officially adc,~ted town plans ,~; =tcnerail}~ rccogr,,„___ standards relating to the. nerd for such faeiktie~ .end areas. The },card rea~emizes, however, than d=,re to the p~,~r::_olar nature of a tract nr land, or the natu;c ofthe faeilites proposed for installation, or c~thct facto: _ tine underlvi..~ objectives of il~ris section. may be achieved e~~e:~ tho~~~'; =.ltc standard, are r,ot adhered to u~itP, ;uathematieai pre: ~_ ~ ~ ~`:,r;'., the permit issuir,~. body is authorised ~~ per,nzt minor dc~,~,atiuus trim ti~ese standards witenever~~ it determines ~~xt~ the objecti~~es unrie; I~~ir,~ these standards can be met without strict adherence to :~_ n;; ~., ii} because of ~,~ecu~i~:r~~~ ~ ~ ;?°. the developer`s tract of land or the facilities ;;roposed it t, ould be unreasor;,hle to require strict adherence to these standards. Whenever ti;c permit issuing board authorizes su~:h deviation from the standards set for~h herein, the official rco~ ~rr~ .~, tP~ action taken on the development application shuli er ~ _ .. <~ staten~~ent +~ i'reasons allowing the deviation. 50 March ] 0, 2008 Regular Meeting Approved: April 14, 2008 Page 51 of 54 ~~ ~ ~~ Section 19, Sec; ~ -;.19 of the Hill~~- subs,-_ ~,.::~~~t sectiar~s u~iL i-. ~, 9.19 ll~r°elling.'I n„nhom~e Devetc,l-~r:~,: z::, 9.19.1 h7tent ,~~.gl~, Zorung Cat _ _ ~ ~ is h~rary added 1v!_ , ., tiered: "f' intent o- ti;;~ t~r,c of .~- . ~:., ~~± is to provide desirable open space, tree cover, t -,.ion are~~._ ~ „~ ~ is;,~ , aiici ~:::~iety in residential h~~~.~sing types by allowing certain • _~`:~i~r~ :.~ I,~~_: , !'~:x!i~~isn _~ .~::1/or the estabiis~,;r.ent of townhouses, ser~e~ by i~ tblic ;~,t~ t,~~, ~ the m,~~ ,cosily ofdweilir_ _~._nits is no greater than ii'rat pt;II Y;11!+a.. !)~- !'t1c I ~ i :~~n~t i~, I; l'..., ,~~ni,'CI1i:ItS and accol Cill;_~ t(S t}le Standards 1T7 ~E=CUQ€I 9,ii ~i ~7311[nel`'. 4.19.2 Ad~rtio~;ni' kcqu> in ~:dditi~zr, co the ~ ;~,i~emen~ ~ of Se-aion 9.111 for afar': ~,~ ~ the following shall apply to ',~ opsc ~ievcioprnel;ts; a} ,~relin,inary pla+, o.f.. ,:,.-.- . ~~c~wnhouse devci~ ._~nt and a final prat of tl.c~ ~eiopr,~crv shall be submi, :: i'~~e'~= conforrnr,~. ~..~ ith this section. b} A site plan sli:;i' show the 1 -, ,, . , i~i.i ,ln,:: ~~rctts, alleys, wala&, parkin areas, recreau,-~ ~a~ any? ;liue~, ~;,~~., ~.: a,.:, ~ ::nensic~nal residential sites. and cammc,~~ ~> to he a>tn~evei; ~. r<mproft co,;~erate homeowners' as>oeiation ; ..~ rnemC~crs sha!i he ail of thr metiers of the residential sites within +:";,c develo~nient Th:.'.:_~ ~ <.~..~ ,~ for n~uiti-fa i:il~~ I,ousin r ~icccfo menu as -- _ -~ ~ __. _L.___^ ~c.? forth in Sectior 1 ~, ~~n . ~, : a;> > r. ~~!~: to to~~r,hcu:, develo~nts. c) The site plan sha!. number ~.n:~ sh~~~,~ ~ !i~cations an~i dimensions ofresidentia'. sites within ttte rig°,~elopment ~1 residenti:~1 site shall be shat property intended for c~~~ , eve*~ce. ;c a Ice-simple c«;~er ~,`te- the constuction thereon o1 a single family ~,~ience and shall be su{~fic,ea,~~ in :ire ;ii contain the residence to be constructed thc~~eon. The rsi~9ential site: may be r,i ar,~~ larger size desired by the developer. L~ ~ ~~ "front a c c" nrly be on ~er,__~pace pxope; ly restricted through a homeowners' association to insure adequate access, if, in the opinion of the Board of f~d'~,LLSL'7lctii, z }~blic street is .";thin an acceptable distance and would allow acicquate community sen'ices. d) All areas on the site plan oth-W= ;ha;. public streets and residential sites, shall be shown and designated a~ c,,a;n;:;r; ~;r~ . - the fee-sim;~le title to which shall be conveyed b'. tl,- ,_eveiopcr ;r~ the hoti:cr~.~-~rrers' associr.iion. Suck common areas shall not he sab~~_quentl~~ sehdi~°idcd n. a;n~,~e~~ed by tine homeowners" association, e) The der>eloper shall file ~xiti; t+,c appl;cacien for preliminary agproval, a declaration of c~~.venan~,r ~ resuie~:,~~ns goveminc- the common areas, the homeowners` a~s~.ciation, u~a:i residential sites- 'The Iestrictions shall contain {but not be limited tiij provisions f~tr the follou•'iuli 51 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 52 of 54 ~/ ~ ~~ Lr `,f~U f ]) Tl,. ,:~,~~~ ~~~t~nf~ls' s~~,;.i~: i,<<11 h~ ~:~r~-attized and in legal existence pr [' le ',,. ~~:,Ic of"~~ rc~r _ in the .1C~~i:'~phU3ent. 2} Mell ~~csl~,,h ii; the hoti~.eo~~ ~_~s as5~xiatiur, shall be mandatory for each origi~~ai p~~irch tier and each r°~.;c- css . ~ ~utrcllaser of a zesidential site. 3) The honuu.~~r,crs' ass+~ciator. shalt be rL r.rihle for the payment of pret;~iun,s ~~, ~ ins,arance, loGa! r~zcs on common areas, ~, n;.~n~:n<< ~ ~:: ~:~~31 and other fi.::i!itics located. or, the cormnon _ ~,~;d F. ,... ~. <<Srs~:ments f.~r puhlir zu~.~i p;i'cate capi#al iR~Pr~~cetnetit5 ~~ ~ do t~, ra lni li:_ '...~~fit ~_~1 the _-,-anon are~~:> ~~ The h©Lli;otivners' 1>f J~l;1U( :' _, ~ ~~~ CIll~G1"C"cd [Q 1C':: dam-'-5lrlentS ag rs~ =ire owner- ~' res - ~ ~;~~~; ~,~; d~;elopn~cr.~~ ~ the pa~~r.c~' '~`cCnel]dttU'~ts - .` t);' i`,~ 1]uluo~,wG~IS' dsSOC1rUG!; :qt the itcm~ sc~~ furtl~ in nc prc~ ~~hparag~.~ ph .~-~~d any such a`sessments not p~i~' '-~_~~ the nan~~i ai~~r.n~ ~ ~ ~'r,om such are assessed shall constitute a hen ca; the res,~~~ r(iai stc c.4 !~,~ r>~~ner. S} Easeincnts e~ ~, i ~ ~c ccm,mon ~rcas for access, ingress, and egress from and to up blic ~'.r~_.._~_~ ... ~.~-alfiwars and easements foz enjoyment of the common are .~ >, ~ _ . .: =far parking, shall be granted to each owner of a residential r-its 6) All wcills be ~.a _~ ~-~~+ua r~idences shall conform tt, lire requirements of the Nortit Car~!i~,r. Sr,tc wilding Cade and p,o:~isions for the maintenance thereof and res ~ ~ ~ ° " ° ~n the evetr# of destru< t i o ~ or damage steal! b~ established. 4.19.3 Standar+~ ~ nj E~-al;;,,!i,,,~ townhvar,~t' uei~r ' a} `+~ cci des, ar~,'~ c;:i~,~lar accorr~, . "+atio~,~ 1) V~'herc public stree~~ a-ti r~~q,~i, ~~~ or are stubbed out to the property, such stree~3 slt:;i in crna~:rued through the project as determined by the Board of Adjustment. 2) Private drivewatis .>.iil he per:uued in the projects with the maintenance zesponsibil;t~ res t.. r, ~.~ i1_it the l}arneowners' associ;pion. Horizontal and vertical t?~~ ~: o! °~ri ~ site dnveways shall be s^ch as to accommodate emergene; •:~;d set-~.:~. . vehicles. b) It shall be the resj~ons ~~ ~ ~~ qty of the hameowner.~' assoeiatin;r to maintain unintezna~~?ed trai~i7c f~o~c ._'.. ,~: all private driveways within the project. If it is necess;:=, "~~,~~ parkinu' ~~~~~.;~__ to be erected in order to accomplish this, this is to be don_ r ±he expense o; ilc i;o-~teou•~ners' association. e) In no case rizall the Tav~~t be respon~-ible for failing to provide any emergency or regular fire, police, or other publ~,~ service to such developments or their occupants rr~hcn such failure is due t~, a,e lack of access to such areas due to inadequate des;i-,~~ or construct-so:;. i~iocking a~ acre>~ routes, or any other fsctor within the cc;n'm! c,fthe developer- ;~~.,meowt,e ~~aoeiation, oroccupar;« d) lt7 no case sh,a(] any approval, {~~ cez~ificc~~ wanted for the use ref Such developments be valid unless the ]~omeowners' association documents clearly ii:dcate the above limitations an the Town's responsibility and unless all 52 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 53 of 54 J, J r ~rr~~~ cot . . <;~ ices made s~; ith respect to such developments clearly indicate the limita~.ionsantheTo~>r~< ~e~ ~an~ihiiit~. Sect,;gin 1 Section 4.36 of the 1'.; ~ ~ ~ .,~!; Z °~ ~~ Ordi~ ~ ' ,hereby adds 1 as fr~,l?ows, thesutse .:n sertii~i;~. ;_ _ ~cnurr,hcrc~l. 4.36 .3GLIiUi~: F;Icini•nt~+ry, Nliddic.:~nd ~rccFndary 4.36.1 id~r~r:c,,rn1 irxfarmcrti~rr in .r~~i_tion to the i~:fo„i;anon re:i , Subsection 4. ~ ~ 4.9, the foi;<,_~ lug shall be subrn,ned to constitute a .xmipluc .:r~, a} :,,tiled ~ ~~~!--- ~'~'~r~ipti~ ~ ~:; i'~,c t ~:,F,,,~ed facihh i;~_!~.,ding all a~._.=sary uses or acfil~itie~- ..~. ~.~.~+cd . ' meal . , . ,~~~tent emoLr .: ,. anticih~ ~ff, and c ~~ ity for e~,:;h ~:.:c, lity/raom a"uil ~„~ ~. _~ ~F~lic use. b} Any other informauo,~ ne~css r~ ~~ ,~,,!,on5ti. =compliance with ilae performance standards in Seetie~- `~ arthe s':~~s~:~ ~~fc.°al~;:!ian below. 4.36.2 Standards of zG'valuation The follo«:-~~ecific standards shall 1,~ ~~ deciding upnn an application for apps o~~al o f , _ ~. s ~~ ~ ~ Chis category; a} The tten description of the opera i_ indicates camplia,r.:e with the stated, applied for use and th<,' ~~~ - i~ hemvtted as a aorditional nso ~r~~tlun the zoning district. b} The lot area !~ : sufli~icr~ ~~,.~., that al3 requuiref r:a:_~.mg, access, ~,=ard areas, and screens a~e pr~~~~i-aed Ni;i~,~ _; variance to the staved standards of the Zoning Ordinanc~• ambir~a,i~.~:; ~:~i oit-street, on-site, an? shared pa;}_ing may be a'_owcd «i:l: U:~: approval of aye Baird afAdjustment c} 'f lie fire protection plans has been reviewed and appr in writing by the Fire Marshal. d) ~ proposed u?ility plans has `~_~ ~crdewed and approved in u~riilr_L by the l: .__ar of Uti?itie~ and does not roc{~~:~.: ir~~~nrovement to ~,zty existu~t~ s:. stems by dre Town ofHillsbomugh. e) The proposed landscape plan meets the recr.~i, ements of the Zoning Ordin~ince. f) The proposed exterior lighting plan n ~c, : 'lte requirements of the Zoning Ordinance. g} Proposed and existing driveways meets rcc;uirements far resirieting access to the property and design standards for safety a?ic' siormwater control. h} The parking layout and starmwater con,_-o1 plan meets the standard of the Ordinance and prevents st~-r-rnwater runoff onto adjacent properties and public rights c f way. i) C3radi.:__ aonnwater co:;;r~,; a,id sail erosion :- ~.~:-~~1 plans have been reviewed ar~d ari,: oved by Orange County Sail and Ero > ~~ ~: ~ _ Control or other designated autharit}~. j} The locati~:r,. screeninti;. ~~_»~d construction specifications far any required or proposed trasl. and recycii,c containers meet the minimum requirements of this ordinance and the Orange County Solid Waste Manage,aent Ordinance. 53 March 10, 2008 Regular Meeting Approved: April 14, 2008 Page 54 of 54 ~1-~~ k) Structures, driveways, and other significan'. p~~;~.~~ical features within 100 Sce~ „{ the development area ~ f this project are protected from adverse impacts as required by this ordin:_ ::.,~ Section 16• All provision of .:~~~. [o~~~., c;: i::.::re in conflict with this ordinance are repealed. Section 17, Thisordin~_.: ~i! ~eec~i,e:flcc~r ~_ ~~.~~ adoption. T~~. foregoing ordinance l:«~ii~~~ L~ ~-;~~ ~uhnutted ;~ ..::~e, received the follov<;n;~ ~ <~::~ «nd was duly adopted this 10`" day ~' '~%.. .~ ; ?~.- '~~ ~i18. Ayes: ~ ^~oes _ .bsent or Excused: 2t'1~ut Donna P ~ :; .~lbrister, Town Clerk 54