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Home My Public Portal About03-09-20 Regular MeetingMinutes Board of Commissioners Regular Meeting 7 p.m. March 9, 2020 Town Hall Annex Board Meeting Room, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Economic Development Planner Shannan Campbell, Human Resources Director/Town Clerk Katherine Cathey, Assistant to the Town Manager Jen Della Valle, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Public Information Specialist Cheryl Sadgrove, Finance Director Daphna Schwartz, and Public Information Officer Catherine Wright Opening of the workshop Mayor Jenn Weaver called the meeting to order at 7 p.m. 1.Public charge Weaver did not read the public charge but acknowledged that everyone would abide by it. 2.Audience comments not related to the printed agenda There was none. 3.Agenda changes and approval Motion: Commissioner Matt Hughes moved to approve the agenda as presented. Commissioner Kathleen Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. 4.Public hearing Public hearing to solicit public comment on Tax Equity and Fiscal Responsibility Act (TEFRA) financing for Eno River Academy to acquire ownership of its school campus Planning Director Margaret Hauth reviewed that a public hearing and approval from the Board of Commissioners is a requirement for the financing. Lisa Bair, executive director of the Eno River Academy charter school, addressed the board. Bair explained that the school planned to buy its campus and needed the public hearing and board authorization. Motion: Hughes moved to close the public hearing. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Motion: Hughes moved to approve a resolution that expresses approval of the bonds and that states the Town of Hillsborough is not endorsing the issuance of bonds and is not liable for the debt. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 33 May 11, 2020 5. Appointments Tourism Board ― Appoint Cathleen Turner (Alliance Seat) Motion: Hughes moved to approve Cathleen Turner to the Tourism Board as the representative from the Alliance for Historic Hillsborough, which operates the Hillsborough Visitors Center. Commissioner Mark Bell seconded. Vote: The motion carried upon a unanimous vote of 5-0. 6. Items for decision — consent agenda A. Minutes 1. Joint public hearing Jan. 16, 2020 2. Regular meeting Feb. 10, 2020 3. Work session Feb. 24, 2020 B. Miscellaneous budget amendments and transfers C. Petition from P.M. Dubbeling requesting an amendment to the Water and Sewer Management, Planning and Boundary Agreement to allow water service to property on Bayberry Drive in Chapel Hill D. Consistency statement and ordinance amending sections 5 and 6 of the Unified Development Ordinance to establish standards and requirements for attached dwellings in the Central Commercial district E. Consistency statement and ordinance amending Section 6.5 of the Unified Development Ordinance to modify and clarify land use buffer requirements F. Encroachment agreement at 102-106 W. Union St. for mailboxes at newly constructed condominiums G. Encroachment agreement for three bus shelters at Faucette Mill/Cornelius Street, North Churton Street at Hillsborough Police Department, and N.C. 86 at Hampton Pointe Boulevard H. Construction contract with Smith-Rowe LLC to perform the West Fork Eno Reservoir Road Improvements Project I. Delinquent food and beverage penalties due from Beau Catering, Hot Tin Roof and Tacos Los Altos J. Public Access Channel and Operations Contract Weaver noted that Hot Tin Roof and Tacos Los Altos had caught up on their food and beverage payments. Motion: Ferguson moved to approve the items on the consent agenda as amended. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. 7. Items for decision — regular agenda A. Ordinance annexing 313 Odie St. Motion: Ferguson moved to approve the ordinance. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. B. Resolution amending the Hillsborough Future Land Use Plan and Map as requested by the neighborhood bounded by West King Street, West Hill Avenue South, the railroad, and the western town limits Planning Director Margaret Hauth reviewed that a joint public hearing was held in January at which many residents spoke in favor of the amendment. She noted that the resolution included three clarifications to be very specific about a few parcels which fall in the boundary area and are not currently urban neighborhood. One crosses the town limits, and two have different designations. She also noted that the Planning Board had recommended unanimously that the Board of Commissioners vote in favor of the amendment. Town Attorney Bob Hornik reminded everyone that this does not change the zoning on any parcel at this time. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 33 May 11, 2020 Hughes asked if there are any residents opposed to this who want to speak. Weaver invited anyone in the audience to speak. No one wished to speak. Weaver asked Hauth to speak on how approval or disapproval is consistent with the history of the board. Hauth reviewed that there are three zoning categories in West Hillsborough: Residential-10, Residential-15 and a handful of Residential-20. The Future Land Use Plan designated nearly all West Hillsborough as Urban Neighborhood. West Hillsborough was developed before World War II when there was often a mixture of lot sizes and non-residential uses mixed in with residential uses. The residents of this area have seen a number of requests to convert lots to Residential-10, and residents have asked the board to take that option away to make it a little harder for landowners to get the Residential- 10 designation, Hauth reviewed. The board has been supportive of increased density within the town limits. This might feel contrary to that, but a significant number of residents spoke in support of the amendment, Hauth said. Bell asked for potential density loss if the lots are not Residential-10 in the future. Hauth answered if one assumes someone buys everything and starts building over, then it’s a big loss. That’s not a likely scenario. She said she had done an analysis six months ago and did not have the information with her. It’s mostly the Residential-10 lots that could be reconfigured, she said. Probably around 25 dwelling units. Most Residential- 15 lots are not 20,000 square feet or larger, so they are not quite large enough to create a second lot. Also, existing houses tend to have been built in the middle of the lots. She thinks the loss of additional dwelling units is relatively small for a neighborhood that has 60-some property owners in it. Ferguson asked if changing the land use impacts tearing down an existing structure. Hauth answered no. Hornik said the amendment makes it more difficult for a developer to successfully request rezonings. Motion: Hughes moved to approve the resolution. Commissioner Robb English seconded. Vote: The motion carried upon a unanimous vote of 5-0. C. Resolution modifying the Special Use Permit for Hampton Pointe Shopping Center to develop an outparcel at 623 Hampton Pointe Blvd. Hauth reviewed that this was an item at the January public hearing and that the applicant is present. The applicant has requested three waivers in part due to this being a lot in the parking lot in front of The Home Depot. Waivers address the unique situations for the outparcel caused by being carved out of the parking lot. The Planning Board had recommended approval. Motion: Ferguson moved to approve. Hughes seconded. Weaver asked why there is a large parking requirement for the outparcels. Hauth answered it was a requirement of The Home Depot and Walmart to make sure that those shopping at the outparcels are not competing with their shoppers for parking spaces. Vote: The motion carried upon a unanimous vote of 5-0. D. Resolution in Support of City of Durham Teer Quarry Project March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 33 May 11, 2020 Hauth reviewed that the request was presented to the board last month. It creates an impact on Forest Ridge by putting that neighborhood into a state mandatory watershed category. Hauth said she has refamiliarized herself with the watershed. Existing residential development is exempt when the town amends its ordinance. If this request goes forward and the City of Durham receives approval from the state, the Town of Hillsborough would notify property owners and hold a public hearing. Residents in developed lots added to the watershed could tear down and rebuild exactly what they have or more than what they have now. Undeveloped lots could not. Two lots that are existing commercial under Orange County would be slightly more impacted. An exception to the exemption would be if someone wanted to tear down seven houses and make a new subdivision. Hauth answered questions from the board. A homeowner already in the process of building could proceed. Hornik said a new statute gives the builder a choice of which rules to follow when the rules change and an application has been submitted. Hauth said she had been in touch with those who spoke. Motion: Bell moved to approve the resolution. Ferguson seconded. Vote: The motion carried upon a vote of 4-1 (nay, Hughes). E. Noise ordinance discussion continuation Police Chief Duane Hampton reviewed the information in the agenda packet regarding potential changes to the noise ordinance. He said it is time to make decisions. He reviewed the considerations and options listed in the packet. The board invited speakers on this item. Kim Tesoro addressed the board. She said she has been enjoying Hillsborough for 20 years. She used to have a business on Churton Street. She is speaking on behalf of the Hillsborough/Orange County Chamber of Commerce and the Hillsborough Tourism Board. She noted that Hillsborough has promoted itself as the coolest small town in America and that it has welcomed artists and encouraged musicians. Hillsborough has encouraged people to drive to Hillsborough. You have to offer opportunity and diversity and work to strongly attract people from neighboring communities, she said. Denise Carillo, a citizen of Hillsborough, addressed the board. She said she enjoys having a nightlife in Hillsborough. Tourism is extremely important to the community. It affects everyone. If she has to go to surrounding counties for nightlife, she will probably shop and have dinner there. She said Hot Tin Roof is on the 100 block of a commercial district. She said amplified music cutoffs at 9 or 11 p.m. do not take into consideration those who work late and want to let their hair down. Aaron Pettiford addressed the board. He said he is a local teacher and coach and provides security at Hot Tin Roof. He said the establishment has been tracking the sound and he believes it has been compliant with the current noise ordinance. Tim Oyeleke addressed the board. He is a UNC graduate student. He said he found a welcoming community in the Hillsborough nightlife and has made friends. He was first drawn to Hot Tin Roof by hearing karaoke. He March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 33 May 11, 2020 said places like Hot Tin Roof make most of its money in a few hours on weekend nights, often between 11 p.m. and 2 a.m. He suggested a natural green wall to absorb the sound. Colin Dodd addressed the board. He said that he is a citizen of Hillsborough and that the Hot Tin Roof offers a community of friends. He feels that there could be additional options. Mark Bateman addressed the board. He is an owner of Hot Tin Roof. He explained he is videoing the meeting for Facebook Live. He and Tesoro have retirement invested in this business, he said. He said real people are employed. Real people come late at night to dance and hear live music. He asked the board not to let a few entitled people hide behind the noise ordinance for racism and classism. Bateman pointed out that the entire meeting this evening has been over the decibel limit of the noise ordinance. Tom Roberts addressed the board. He is a resident and owner of a downtown bed and breakfast business and said there is a place for music and entertainment and for peaceful enjoyment. Others have just as much money or more invested in their homes and their outside refuge. He has an event space in Pittsboro and pointed out other jurisdictions have a noise ordinance. Maria Flanagan addressed the board. She lives on West Margaret Lane. She said she can tell the difference in the lower level of music lately. She wondered if the cap on violation penalties would be $1,000. Hampton said the fifth violation and any after that in the year would be $1,000. Flanagan said the board should plan to revisit any changes to the noise ordinance because she thinks there will be concerns with amplified sound at The Colonial Inn. Al Hartkopf addressed the board. He said he moved here 20 years ago. He said it’s not hard to take noise readings. He wondered what changed. He wondered why there have been so many noise complaint calls recently. He said 55 decibels is the sound of a refrigerator. David Payne addressed the board. He presented a letter published in The News of Orange County dated Jan. 22, 2020, with 36 signatures asking for relief from the sound. He has lived and written in Hillsborough for 20 years. He moved into his home on West Margaret Lane 13 years before Hot Tin Roof opened. He has cared for Cedar Walk. His enjoyment in his home is compromised and tormented by Hot Tin Roof. He said he asked for Hot Tin Roof not to be allowed in the old plumbing business space. It was. He said he also asked that the neighboring house not be rezoned commercial. It was. He’s asking now for the annoyance to be minimized. He is not the only one disturbed by the noise. He added that the bass is the problem. He reviewed the Police Department’s survey of the neighborhood and spoke in favor of the police chief being the neutral party to decide what should be done. Elise Tyler addressed the board. She is the general manager of The Colonial Inn, which will be a special event and meeting place. She said the business plans to have noise and sound barriers, an annex building, trees and foliage, and insulation within walls. She noted that weddings and similar events last six hours and start between 4 and 6 p.m. Such events are likely to last until midnight. Complying with the noise ordinance in the outdoor space will be a challenge, she said. She pointed out that 60 decibels is a conversation and 70 decibels is classroom chatter. She is supportive of nightlife. She cited the Hillsborough Vision 2030 Plan’s words on community and vibrancy. She encouraged compromise. Kim, a Hillsborough resident, said she moved here in 2006 and enjoyed Blue Bayou Club when it was open. She has met very good friends at Hot Tin Roof. Jim Boericke, a West Margaret Lane resident, addressed the board. He is in favor of a cutoff of amplified noise at 11 p.m. and the proposed two-complaints system for police action. He has been here 47 years and wants March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 33 May 11, 2020 the bass turned down at 11 p.m. He wonders why Hot Tin Roof does not soundproof its building. He thinks complaints will rise. John Clark, a resident, addressed the board. He said 50 decibels is rustling leaves. He thinks an absolute time limit is the answer and 1 a.m. is the right time. He said it would be a shame to negatively impact The Colonial Inn and its operation. Kim, a Hot Tin Roof employee and future Hillsborough resident, said Hot Tin Roof relies on online referrals. She asked: What’s more ordinary than restricting vibrancy and diversity of nightlife? She thinks restrictions would negatively impact tourism and said the easiest solution is not the correct solution. Hampton said good points were made by speakers. He asked the board to imagine trying to fall asleep with a conversation at this level. He said a reading of 55 decibels outside a residence is really loud inside the business. Ambient noise is 40 decibels and below. Hot Tin Roof has had many nights that have stayed below 50 decibels. He said firefighters at the nearby fire station say that the noise is disturbing and sometimes shakes equipment and that they don’t tend to sleep until later. Hampton likes the idea of green walls but doesn’t know where they would go. He asked the board to decide whether it will amend the noise ordinance. Bell summarized that he hears measuring is a pain for the Police Department and that the bass is the problem. Residential and business have been coinciding since the beginning of the town’s history, he noted. English is not in favor of measuring noise. He thinks maybe a later cutoff is the answer. He said the ordinance needs to address outdoor amplified sound. Hampton asked if the board is in favor of a cutoff of amplified noise at midnight instead of 11 p.m. Commissioner Evelyn Lloyd said music could go to midnight, but she wants the board to keep in mind The Colonial Inn. Hughes said he is 29 and remembers when downtown was dead at night. He won’t vote for a change to the ordinance unless Payne and Hot Tin Roof talk. He wants to figure out what the town can live with. When more people move to downtown, downtown can’t have density but no noise. Hillsborough can’t have a vibrant business district and a cutoff at 9 p.m. Weaver said the Town of Hillsborough can’t force outside parties to come to facilitated conversation. The noise ordinance is the board’s responsibility. The board needs to decide whether more information is needed. Hughes spoke in favor of mediation between Payne and Hot Tin Roof. Ferguson said it’s a classic situation when you have change. We have individuals who purchased a sizeable investment in their homes right next to a commercial district thinking it would be quiet. It’s a false premise. We’re talking about an establishment that is one building off the main thoroughfare. The resident invested on the premise of quiet, and the business invested on the premise of vibrancy. She expects millennials will want to live downtown to live, work and play. She understands why Hot Tin Roof can do business late at night. She believes this is a neighbor dispute. There is an economic development component. She wants to hear from bands, the shift workers and patrons. She doesn’t want to limit the development of Hillsborough’s music scene. Weaver thinks Raleigh doesn’t get calls because they have a hard cutoff. Ferguson said she goes to bars in Raleigh and Durham and she can hear music from outside. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 33 May 11, 2020 Hampton said he does not have information that Durham and Raleigh do not get complaint calls about amplified music. Ferguson said she has talked to some elected officials and officers. Hughes wants less formal input than a board meeting at 7 p.m. Monday night. He suggested the topic be posted to the town’s online engagement platform, Engage Hillsborough. Bell checked that a cutoff means you can’t have music that is heard from a residential property. Bell is in favor of changing the ordinance with plans to revisit it in six months or sooner. He is unsure about the proposed two-party complainant system. He thinks allowing exceptions four times a year plus for special events is adequate. Regarding outdoor amplification, he supports an earlier cutoff because the music can be heard for a two-block radius. He wants this board to decide the options and then invite the public to participate. He hesitates to do a poll because the board may get comments from people who don’t live in town. He thinks a midnight cutoff is reasonable. Hughes wondered if there is a definition of person with reasonable sensibilities. Hornik said it was case law verbiage. There was brief discussion among Hornik, Hampton and Hughes that the ordinance has to be changed because it is not OK to leave it up to a police officer to determine what is reasonable. English said he has enough information. Hampton said he would craft a draft amendment with a limit recommendation in it. He will involve stakeholders. F. Town Logo/Branding Refresh Project Economic Development Planner Shannan Campbell presented a new logo option, which was a combination of the clock tower and Riverwalk. In February, the board had reviewed options that would complement the town’s wayfinding signage and match the colors and typography of the signage. The board decided a refreshed clock tower logo was the top pick. There was no vote. G. Letter of interest from Orange County Habitat for Humanity related to an annexation inquiry for a parcel immediately east of the Meadowlands Hauth noted that Richard Turlington from Orange County Habitat for Humanity and Tim Smith from Summit Design and Engineering Services were present. She added that the basic cost analysis was in the agenda packet and asked if the board wanted additional information. Smith addressed the board. He said he had a letter of interest from Habitat and asked if the board would allow Turlington to speak. Turlington expressed enthusiasm for the project. He said Habitat had started construction on Odie Street the previous week and had received 78 applications for the six houses. Any land and projects would be helpful to Habitat. He added that the project would need to have town water and sewer services. Campbell asked if this project would be impacted by the Teer Quarry request. Hauth answered yes, it would impact a small corner of the property. Turlington said this project would be good for spring 2022. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 33 May 11, 2020 Utilities Director Marie Strandwitz confirmed water and sewer services are available, without a pump station for sewer. The board expressed interest in this moving forward. H. Preparations for State of the Town Address Weaver said the address would take place March 23 and staff would not set up information tables for the public. 8. Updates A. Board members Board members reported on the boards and committee on which they serve. B. Town manager There was no comment. C. Staff (written departmental reports are included in the agenda packet) There was none. 9. Adjournment Motion: Bell moved to adjourn at 9:57 p.m. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Respectfully submitted, Katherine M. Cathey Town Clerk March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 33 May 11, 2020 Resolution #20200309-4.A March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 33 May 11, 2020 Resolution #20200309-4.A March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 33 May 11, 2020 Resolution #20200309-4.A March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 33 May 11, 2020 Resolution #20200309-4.A March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 33 May 11, 2020 Resolution #20200309-4.A March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 33 May 11, 2020 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2019-2020 DATES: 03/09/2020 TO 03/09/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 03/09/2020 250,000.00 -2,200.00Bang the Table and ScreenCloud subscrip 16525 9,394.00JDELLAVAL 10-10-4200-5300-080 TRAINING/CONF./CONV. 03/09/2020 15,890.00 1,500.00Process improvement training 16518 17,390.00JDELLAVAL 10-10-4200-5300-081 TRAINING-HILLS.UNIV.PROGRAM 03/09/2020 6,000.00 -1,500.00Process improvement training 16517 4,500.00JDELLAVAL 10-10-4200-5300-113 LICENSE FEES 03/09/2020 14,375.00 2,200.00Bang the Table and ScreenCloud subscrip 16526 17,075.00JDELLAVAL 10-10-4200-5300-330 DEPARTMENTAL SUPPLIES 03/09/2020 2,000.00 -50.00To cover Amazon fire stick purchase 16527 1,950.00JDELLAVAL 10-10-4200-5300-338 SUPPLIES - DATA PROCESSING 03/09/2020 0.00 50.00To cover Amazon fire stick purchase 16528 50.00JDELLAVAL 10-30-5800-5300-330 DEPARTMENTAL SUPPLIES 03/09/2020 700.00 800.00To cover account overages 16515 1,500.00EBRADFORD 10-30-5800-5300-450 LANDFILL FEES 03/09/2020 84,000.00 -800.00To cover account overages 16516 83,200.00EBRADFORD 10-50-6250-5300-080 TRAINING/CONF/CONV 03/09/2020 1,000.00 625.00To cover Economic Development training 16531 1,625.00JDELLAVAL 10-50-6250-5300-570 MISCELLANEOUS 03/09/2020 900.00 -625.00To cover Economic Development training 16530 275.00JDELLAVAL 30-80-7220-5300-080 TRAINING/CONF./CONV. 03/09/2020 7,400.00 600.00Distribute expenses associated w/ new pos 16510 8,000.00JDELLAVAL 30-80-7220-5300-310 GASOLINE 03/09/2020 1,815.00 700.00Distribute expenses associated w/ new pos 16513 2,515.00JDELLAVAL 30-80-7220-5300-320 SUPPLIES - OFFICE 03/09/2020 750.00 200.00Distribute expenses associated w/ new pos 16511 950.00JDELLAVAL 30-80-7220-5300-330 SUPPLIES - DEPARTMENTAL 03/09/2020 500.00 500.00Distribute expenses associated w/ new pos 16512 2,300.00JDELLAVAL 30-80-7220-5300-338 SUPPLIES - DATA PROCESSING 03/09/2020 100.00 2,200.00Distribute expenses associated w/ new pos 16509 2,300.00JDELLAVAL 30-80-7220-5300-530 DUES & SUBSCRIPTIONS 03/09/2020 5,700.00 300.00Distribute expenses associated w/ new pos 16514 6,000.00JDELLAVAL 30-80-7220-5300-600 PERSONNEL EXPANSION - OP COSTS 03/09/2020 4,750.00 -4,500.00Distribute expenses associated w/ new pos 16508 250.00JDELLAVAL 30-80-8140-5700-740 CAPITAL - VEHICLES 03/09/2020 7,500.00 4,010.00Increased vehicle costs for util maint tech 16533 11,510.00JDELLAVAL 30-80-8200-5700-740 CAPITAL - VEHICLES 03/09/2020 22,500.00 12,031.00Increased vehicle costs for util maint tech 16534 59,058.00JDELLAVAL 30-80-9990-5300-000 CONTINGENCY 03/09/2020 400,000.00 -16,041.00Increased vehicle costs for util maint tech 16532 312,668.00JDELLAVAL 67-70-3980-3980-300 LOAN PROCEEDS 03/09/2020 0.00 -764,500.00To adjust project budget 16519 3,271,000.00JDELLAVAL 67-80-8130-5700-000 CONTINGENCY EBRADFORD 11:45:15AM03/03/2020 fl142r03 Page 1 of 2 GF Contingency Administration Administration Administration Administration Administration Solid Waste Solid Waste Economic Development Economic Development Utilities Administration Utilities Administration Utilities Administration Utilities Administration Utilities Administration Utilities Administration Utilities Administration Water Distribution WW Collection WSF Contingency WFER - Road Proj. WFER - Road Proj. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 33 May 11, 2020 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2019-2020 DATES: 03/09/2020 TO 03/09/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 03/09/2020 0.00 -255,921.00To adjust project budget 16520 244,079.00JDELLAVAL 67-80-8130-5700-045 DESIGN 03/09/2020 0.00 -530,000.00To adjust project budget 16521 150,000.00JDELLAVAL 67-80-8130-5700-570 MISCELLANEOUS 03/09/2020 0.00 70,630.00To adjust project budget 16522 120,630.00JDELLAVAL 67-80-8130-5700-719 CONSTRUCTION ADMINISTRATION 03/09/2020 0.00 110,000.00To adjust project budget 16523 310,000.00JDELLAVAL 67-80-8130-5700-720 CONSTRUCTION 03/09/2020 0.00 -159,209.00To adjust project budget 16524 2,440,791.00JDELLAVAL -1,529,000.00 EBRADFORD 11:45:15AM03/03/2020 fl142r03 Page 2 of 2 WFER - Road Proj. WFER - Road Proj. WFER - Road Proj. WFER - Road Proj. APPROVED: 5/0 DATE: 3/9/2020 VERIFIED: ___________________________________ March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 33 May 11, 2020 Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _FPP 128 LLC_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Sections 5 and Section 6 of the UDO to clarify standards and requirements for attached dwellings in the Central Commercial district The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The ordinance previously included language allowing attached housing in the Central Commercial district, but it was outdated, didn’t reflect the difference between renovating existing space or building new, and was not reflected in the permitted use table. These modifications are consistent with town interests to ensure a vibrant commercial core. Adopted by the Town of Hillsborough Board of Commissioners this _9th day of _March_, 2020. _____________ _________ Katherine M. Cathey, Town Clerk Ayes: 5 Noes: 0 Absent or Excused: 0 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 33 May 11, 2020 Ordinance #20200309-6.D AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 5.2.10.1, Categories of Attached Dwellings, of the Unified Development Ordinance is amended to read as follows: This Ordinance hereby establishes the following attached dwelling use types: (a) Attached Dwellings Up to 4 Units; (b) Attached Dwellings 5-19 Units; and (c) Attached Dwellings 20+ Units. The review and approval process for these uses are specified in tables 5.1.6, Use Table for Residential Districts, and 5.1.7, Use table for Non- Residential districts, for each zoning district. Section 2. Section 5.2.10.5.a(c) is replaced to read as follows: (c) An existing building in the CC zone may renovate existing gross floor area into attached dwellings when: i. The ground floor area is used for non-residential uses and access to the dwelling(s). ii. The conversion does not require an addition of enclosed building area other than creating access from the ground level, if necessary. iii. Applicant provides construction drawings verifying there is adequate water, sewer, and solid waste collection service to the property to comply with paragraphs e, f, g, h, and k in Section 5.2.10.2 above and all other applicable town and building codes. The requirements in Section 5.2.10.2a, b, c , d ,i , j, l, and m, Section 5.2.10.3, and Section 5.2.10.4 do not apply to these units. Section 3. Section 5.2.10.5.a(d) is added as follows: (d) New buildings in the CC zone may be constructed for attached dwellings when: i. The ground floor area of all buildings(s) is used for non- residential uses and access to the dwelling(s). ii. Off-street parking is provided at a rate of 1.2 spaces per dwelling unit. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 33 May 11, 2020 Ordinance #20200309-6.D iii. Applicant provides a site plan and construction drawings verifying compliance with the relevant requirements of Section 5.2.10.2 and all other applicable town and building codes. iv. The requirements in Section 5.2.10.3 and Section 5.2.10.4 apply to any site containing twenty or more dwelling units v. The requirements of Section 6.10, Landscaping (Parking Lot), apply to parking and vehicle accommodation areas proposed to be constructed or modified as part of the project. Section 4. Section 5.1.7, Use table for non-residential districts, is amended to show Dwelling: attached (1-4 units) and Dwelling: attached (5-19 units) as permitted by right in the Central Commercial Zoning district and Dwelling: attached (20+ units) as a special use in the Central Commercial district. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 6. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of March, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 Katherine M. Cathey, Town Clerk March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 33 May 11, 2020 Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Amend Section 6.5, Buffers, to update the language, provide performance options, and align requirements with actual practices. Drawings of the performance options will be added to the Administrative Manual. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): These amendments help align the town’s desired outcomes and development regulations, thereby providing more accurate information and streamlining processes. Adopted by the Town of Hillsborough Board of Commissioners this _9th day of _March_, 2020. _____________ _________ Katherine M. Cathey, Town Clerk Ayes: 5 Noes: 0 Absent or Excused: 0 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 33 May 11, 2020 Ordinance #20200309-6.E AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6.5, Buffers is hereby amended by replacing sections 6.5.2 – 6.5.8 to read as follows: 6.5.2 APPLICABILITY a) Buffers will generally be established at the earliest review phase (for example: lot creation), once uses and densities are proposed in accordance with applicable regulations. However, a buffer standard may be amended prior to the issuance of a Zoning Compliance Permit subsequent to any changes including but not limited to zoning classification or development adjacent to the subject parcel. b) This Subsection applies to any of the following, except where exempted by Sub- paragraph c) below: 1) The construction or erection of any new building or structure for which a Zoning Compliance Permit, Conditional or Special Use Permit, or Site Plan approval is required; or 2) Any enlargement exceeding 5,000 square feet or 25% in area, whichever is less, of the gross floor area an existing building for which a development approval is required; or 3) Any construction of a new parking lot or expansion of an existing parking lot OR establishment or expansion of an accessory use not involving a structure by more than 2,000 square feet or 10% in area, whichever is greater. c) This Subsection does not apply to the following situations: 1) Single-family dwelling units and mobile/manufactured homes on existing lots of record; 2) Agricultural uses; 3) Non-residential uses that abut other non-residential uses in the same zoning district; 4) Interior finish work or remodeling in a portion of a building unless the work results in an increase as described in 6.5.2.b.2 or 6.5.2.b.3 above; 5) Any use, building or structure for which only a change of use is requested, and which use does not increase the gross floor area of the existing building. 6.5.3 LOCATION OF BUFFERS Buffers shall be located on commonly held open space or the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing or dedicated public or private street or right-of-way. 6.5.4 BUFFER DESCRIPTIONS AND STANDARDS 6.5.4.1 The following tables describe four types of buffer (A, B, C, and D) and different width, plant density, and structure combinations which meet the standard. Buffer March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 33 May 11, 2020 Ordinance #20200309-6.E requirements are stated in terms of the width of the buffer and the number of plant units required per 100 linear feet of buffer. The requirements of a specific buffer may be satisfied by any of the types provided. The type and quantity of plant materials required by each buffer type are specified in this Section. Specific species allowed and prohibited are listed in the Administrative Manual by size. Table 6.5.4.1: Standards for Type A Buffers Buffer Type Required Buffer Width Minimum # Plantings Required Per 100 Linear Feet of Buffer Structure Type & Height Required A1 10 Feet Large Trees 1 Not Required Small Trees or Large Shrubs 2 Mid-size or Small Shrubs 4 A2 15 Feet Large Trees 0 Not Required Small Trees or Large Shrubs 3 Mid-size or Small Shrubs 4 A3 20 Feet Large Trees 0 Not Required Small Trees or Large Shrubs 5 Mid-size or Small Shrubs 0 Table 6.5.4.2: Standards for Type B Buffers Buffer Type Required Buffer Width Minimum # Plantings Required Per 100 Linear Feet of Buffer Structure Type & Height Required B1 15 Feet Large Trees 3 8-foot Fence Small Trees or Large Shrubs 0 Mid-size or Small Shrubs 0 B2 20 Feet Large Trees 2 6-foot Fence Small Trees or Large Shrubs 4 Mid-size or Small Shrubs 0 B3 25 Feet Large Trees 3 Not Required Small Trees or Large Shrubs 4 Mid-size or Small Shrubs 0 B4 30 Feet Large Trees 3 Not Required Small Trees or Large Shrubs 0 Mid-size or Small Shrubs 16 B5 Large Trees 2 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 33 May 11, 2020 Ordinance #20200309-6.E Table 6.5.4.3: Standards for Type C Buffers Buffer Type Required Buffer Width Minimum # Plantings Required Per 100 Linear Feet of Buffer Structure Type & Height Required C1 25 Feet Large Trees 3 8-foot Masonry Wall or stockade fence Small Trees or Large Shrubs 6 Mid-size or Small Shrubs 0 C2 30 Feet Large Trees 3 6-foot Masonry Wall or stockade fence Small Trees or Large Shrubs 2 Mid-size or Small Shrubs 10 C3 40 Feet Large Trees 3 5-foot Earthen Berm Small Trees or Large Shrubs 7 Mid-size or Small Shrubs 12 C4 50 Feet Large Trees 5 4-foot Earthen Berm Small Trees or Large Shrubs 5 Mid-size or Small Shrubs 14 C5 60 Feet Large Trees 4 Not Required Small Trees or Large Shrubs 7 Mid-size or Small Shrubs 34 Walls may be brick, concrete, concrete block with stucco finish, masonry, stone or a combination of these materials. At least 50% of the shrubs for Type C buffers shall be evergreen, based on the number of plants required in the table. Berms shall have a slope not greater than the slope created in 3 horizontal feet with a 1-foot vertical rise. The surface of the berm that is not planted with trees and shrubs shall be covered with grass, perennial ground cover, vines, and woody and herbaceous perennials, with mulch. Grass or other coverings shall be maintained in conformance with applicable Town of Hillsborough codes. 40 Feet Small Trees or Large Shrubs 2 Not Required Mid-size or Small Shrubs 10 Fences in the Type B buffer shall be wood, metal, brick, masonry, or stone and are not required to be opaque. Acceptable styles include picket, post and rail, alternating board, stockade, and pierced or open block. The use of chain link with vinyl slats, vinyl, galvanized or sheet metal are not acceptable. At least 50% of the shrubs for Type B buffers shall be evergreen, based on the number of plants required in the table March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 33 May 11, 2020 Ordinance #20200309-6.E Table 6.5.4.4: Standards for Type D Buffers Buffer Type Required Buffer Width Minimum # Plantings Required Per 100 Linear Feet of Buffer Structure Type & Height Required D1 100 Feet Large Trees 8 5-foot Earthen Berm Small Trees or Large Shrubs 13 Mid-size or Small Shrubs 34 D2 100 Feet Large Trees 12 Not Required Small Trees or Large Shrubs 10 Mid-size or Small Shrubs 20 D3 100 Feet Large Evergreen Trees 20 Berms shall have a slope not greater than the slope created in 3 horizontal feet with a 1-foot vertical rise. The surface of the berm that is not planted with trees and shrubs shall be covered with grass, perennial ground cover, vines, and woody and herbaceous perennials, with mulch. Grass or other coverings shall be maintained in conformance with applicable Town of Hillsborough codes. 6.5.5. SPECIAL CASES AND CONSIDERATIONS 6.5.5.1. Where existing or proposed overhead electric lines exist, small trees may be substituted for large trees. 6.5.5.2. If the development on the adjoining use is existing, planned or deed restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access. 6.5.5.3. Any existing plant material which otherwise satisfies the requirements of this Section may be counted toward satisfying all such requirements. 6.5.5.4. The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied: 6.5.5.4.1. Evergreen plant materials shall be planted in clusters rather than singly in order to maximize their chances of survival. 6.5.5.4.2. When a masonry wall is a component of the buffer, a planting area at least 5 feet wide containing 15% of the total plant requirements shall be located between the masonry wall and the higher intensity class use. These plants shall be chosen to provide species and sizes to reduce noise in conjunction with the wall. 6.5.5.4.3. All buffer areas shall be seeded with lawn or other non-invasive ground cover unless ground cover is already established. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 23 of 33 May 11, 2020 Ordinance #20200309-6.E 6.5.6. PLANT MATERIAL AND STRUCTURE SUBSTITUTIONS 6.5.6.1. In Type B and C buffers, evergreen trees may be substituted for deciduous trees of the same size category without limitation. 6.5.6.2. In Type A buffers, evergreen trees of the same size category may be substituted as follows: 6.5.6.2.1. up to a maximum of 50% of the total number of the deciduous large trees otherwise required. 6.5.6.2.2. without limitation for required deciduous small trees. 6.5.6.3. In all buffers, evergreen shrubs may be substituted for deciduous shrubs without limitation. 6.5.6.4. The following structures are equivalent and may be used interchangeably: Structure Equivalent 6-foot Fence 4-foot Earthen Berm 8-foot Fence 5-foot Earthen Berm 6-foot Masonry Wall 6-foot Earthen Berm 8-foot Masonry Wall 4-foot Berm with 6-foot Masonry Wall 4-foot Earthen Berm 6-foot Wood Stockade Fence 5-foot Earthen Berm 8-foot Wood Stockade Fence 6.5.7. SPECIAL CIRCUMSTANCES BASED ON ADJACENT CONDITIONS 6.5.7.1. Where the buffer required between a land use and vacant land turns out to be greater than that buffer which is required between the first use and the subsequently developed use, the subsequent use may provide one-half (.5) of the required buffer. The existing use may expand its use into the original buffer area, provided the resulting total buffer between the two uses meets the buffer requirements of Table 6.5.9. 6.5.7.2. When a parcel to be developed is adjacent to an Interstate or railroad right of way, a 100-foot undisturbed buffer shall be provided along the adjacent property line, regardless of the requirement in Table 6.5.9. This buffer shall be planted to meet the standard of a Type D buffer if the existing vegetation does not meet that standard. Exceptions to this requirement are as follows: a) If an existing public road separates the parcel where development is proposed from an Interstate or railroad right of way, no buffer shall be required. This section applies to constructed public roads, regardless of where the road right of way exists in relation to the railroad or Interstate right of way. b) If the applicant property is the redevelopment of an existing parcel with a platted land use buffer from a previous development code, the maintenance of that previously required buffer shall be taken to satisfy the Type D buffer. March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 24 of 33 May 11, 2020 Ordinance #20200309-6.E c) If the applicant property is of an existing single-family parcel where a land use buffer was not shown on the recorded plat creating the parcel, the Type D buffer will not be required. 6.5.7.3. When a non-residential parcel is adjacent to a street classified as arterial or collector, no buffer shall be required along the street frontage, regardless of the requirement in Table 6.5.9, unless modified by the permit-issuing authority. 6.5.7 USE AND DEVELOPMENT WITHIN BUFFERS 6.5.7.1 Buffers shall not contain any development, impervious surfaces or site features that do not function to meet the standards of this Subsection unless otherwise allowed. 6.5.7.2. Fences not required to satisfy buffer requirements may be placed in buffers provided that no canopy tree is removed and damage to existing vegetation is minimized. 6.5.7.3. Utility corridors are not permitted in buffers unless no reasonable alternative exists. Crossings at angles between 60 and 90 degrees are acceptable where necessary. Utilities may only run coincident or parallel with a required buffer if: 6.5.7.3.1. the utility is installed on the development side of the buffer 6.5.7.3.2. the buffer can meet the required performance standards even with the planting limitations associated with the utility easement 6.5.7.3.3. no canopy trees within the buffer must be removed to install the utility. 6.5.7.4. Stormwater control mechanisms are discouraged from being located in buffers unless mandated by the natural topography. Such installations may locate within a required buffer if the buffer can meet the required width and planting densities for the required buffer type between the stormwater control mechanism and the adjoining use triggering the buffer. 6.5.7.5. A buffer may be used for passive recreation and contain pedestrian trails provided that: 6.5.7.5.1. no canopy trees are eliminated, 6.5.7.5.2. the total width of the buffer is maintained, and 6.5.7.5.3. the required buffer standards (width, plantings, and fences) are met between the trail and the adjoining use triggering the buffer. 6.5.7.6. In no event shall playfields, swimming pools, tennis courts and other active recreation areas, storage of materials, parking or structures (except for necessary utility boxes and equipment) be allowed in buffers. 6.5.8 OWNERSHIP OF BUFFERS 6.5.8.1 No required buffer in a residential development shall be included within any single-family lot or be wholly owned (in fee simple absolute) by the owner of an individual residential building lot zoned for residential uses. Buffers in residential developments shall be owned by a homeowner’s association or other entity charged with its preservation and the preservation of existing landscaping. Buffers March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 25 of 33 May 11, 2020 Ordinance #20200309-6.E may be collocated in areas designated as open space are required in Section 6.12 of this ordinance. 6.5.8.2 The required buffer for a non-residential or multi-family site may be owned by a property owner’s association or by the property owner. Section 2. Section 6.5.8, Maintenance of Buffers, is renumbered to 6.5.9. Cross-references to this section throughout the ordinance are also corrected. Section 3. Section 6.5.9, Table: Required Buffers, is renumbered to 6.5.10. Cross-references to this section throughout the ordinance are also corrected. Section 4. Section 6.5.10, South Churton Non-Residential Buffer, is renumbered to 6.5.11. Cross-references to this section throughout the ordinance are also corrected. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 6. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of March, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 Katherine M. Cathey, Town Clerk March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 26 of 33 May 11, 2020 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 27 of 33 May 11, 2020 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 28 of 33 May 11, 2020 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 29 of 33 May 11, 2020 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 30 of 33 May 11, 2020 Resolution #20200309-7.C TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION GRANTING A SPECIAL USE PERMIT Modification SUBJECT TO SPECIAL CONDITIONS AFFECTING 623 Hampton Pointe Blvd (OC PIN 9873-59-9108) WHEREAS, the Town of Hillsborough Board of Commissioners has received an application from Bohler Engineering for a Special Use Permit Modification to allow the development of the parcel at 623 Hampton Pointe Blvd with a 6,203 sf building and parking for a motor vehicle maintenance and service operation; and WHEREAS, this parcel was created from the adjoining parcel subject to the Special Use Permit 2001-2 for the Hampton Pointe Shopping Center recorded at DB 2801 PG 355 of the Orange County Register of Deeds; and WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners conducted joint public hearings to consider the application on January 16, 2020 after giving notice thereof as required by law; and WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be heard in connection with the Application were given an opportunity to do so; and WHEREAS, the Town of Hillsborough Planning Board has made it’s recommendation to the Town of Hillsborough Board of Commissioners regarding the Application; WHEREAS, the Town of Hillsborough Board of Commissioners has considered the recommendation of the Planning Board and all the information and testimony presented to it at the public hearings. NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners, on motion of Ferguson, seconded by Hughes, this 9th day of March, 2020 as follows; 1. The Board of Commissioners has considered all the information presented to it both in support of and in opposition to the application at the January public hearing; 2. The Board of Commissioners finds that the requested permit is within its jurisdiction according to the Table of Permissible Uses, that the application is complete, and that if the proposed development is completed as proposed in the application, subject to the Special Conditions attached hereto, it will comply with the requirements of the Unified Development Ordinance. 3. The Special Conditions attached hereto are intended to preserve and/or promote the health, safety and welfare of the surrounding areas and the Town of Hillsborough in general, and March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 31 of 33 May 11, 2020 Resolution #20200309-7.C to insure that the provisions established by Section 3.8 and 5.2.27 of the Unified Development Ordinance are met. 4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special Use Permit in the standard form with the Special Conditions attached and notice of this decision and issuance of the special use permit shall be transmitted forthwith in accordance with Section 3.8.16 of the Unified Development Ordinance. 5. The Special Conditions applying to this Special Use Permit are: a. All previous conditions for SUP 2001-2 remain in effect. Other approved SUPs within the shopping center are not changed by this permit. b. The application materials including but not limited to the site plan, building elevations, and narrative dated 12/23/19 are those approved with this permit. c. The waivers requested to two subsections of Section 6.10 and Section 6.13 are all approved. The foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners, the results of which vote are as follows: Ayes: 5 Noes: 0 Absent or Excused: 0 Dated: March 9, 2020 ____________________________________ Katherine M. Cathey, Town Clerk March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 32 of 33 May 11, 2020 March 9, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 33 of 33 May 11, 2020