Loading...
HomeMy Public PortalAbout09-14-20 Regular MeetingMinutes Board of Commissioners Regular Meeting (Remote) 7 p.m. Sept. 14, 2020 Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Staff: Interim Human Resources Director Haley Bizzell, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson and Finance Director Daphna Schwartz Opening of the meeting Mayor Jenn Weaver opened the meeting at 7 p.m. with Commissioners Mark Bell, Robb English and Evelyn Lloyd present. 1.Public charge Weaver did not read the public charge. 2.Audience comments not related to the printed agenda There was none. 3.Agenda changes and approval There was a request from staff to table Item 6A until October. Motion: Bell moved to approve the agenda as amended. Lloyd seconded. Vote: The motion carried upon a unanimous vote of 3-0. Ayes: Bell, English and Lloyd. Nays: None. Absent: Commissioners Kathleen Ferguson and Matt Hughes. 4.Appointments A.Planning Board — Reappointment of Alyse Polly to a second term expiring Aug. 31, 2023 B.Board of Adjustment — Appointment of Joe Becker to a first term expiring Sept. 30, 2023 C.Tree Board — Reappointment of Casey Collins to a second term expiring Sept. 30, 2023 D.Tree Board — Reappointment of Tim Logue to a second term expiring Sept. 30, 2023 Motion: English moved to approve the reappointments and appointment. Lloyd seconded. Vote: The motion carried upon a unanimous vote of 3-0. Ayes: Bell, English and Lloyd. Nays: None. Absent: Ferguson and Hughes. 5.Items for decision — consent agenda A.Minutes 1.Joint public hearing June 18, 2020 2.Joint public hearing July 16, 2020 3.Regular meeting Aug. 10, 2020 4.Regular meeting closed session Aug. 10, 2020 Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 30 Oct. 12, 2020 5.Work session Aug. 24, 2020 6.Work session closed session Aug. 24, 2020 B.Miscellaneous budget amendments and transfers C.Ordinance to amend Section 7 of the Town Code to establish a process for street naming and renaming D.Consistency statement and ordinance to amend Section 6.20 and Section 9.2 of the UDO to update language related to stormwater management to be consistent with state requirements E.Consistency statement and ordinance to amend Section 9.2 of the UDO to update the definitions of dwelling unit, lodging unit, and hotel/motel to be consistent with state requirements F.Consistency statement and ordinance to amend Section 3.6 of the UDO to prevent the submittal of a downzoning application to be filed by a third party to be consistent with state requirements G.Street Sweeping Services H.Odie Street stormwater and road repair contract I.Disaster Management, Recovery, and Consulting Services contract J.Diaper Need Awareness Week proclamation K.2020 Board of Commissioners meeting calendar amendment L.Constitution Week proclamation Motion: Bell moved approval of the consent agenda. Lloyd seconded. Vote: The motion carried upon a unanimous vote of 3-0. Ayes: Bell, English and Lloyd. Nays: None. Absent: Ferguson and Hughes. 6.Items for decision — regular agenda A.Request for rate adjustment by Waste Industries, LLC DBA GFL Environmental This item was tabled when the agenda was adopted. B.Draft town code amendment regarding parking pad variance Public Works Director Ken Hines reviewed that the board had asked town staff to work on this some time ago and Brough Law Firm has been working on this. Ferguson joined the meeting at 7:06 p.m. Town Attorney Bob Hornik said the law firm suggests that the Board of Adjustment use criteria established by the Board of Commissioners to determine whether to permit a parking pad. Weaver asked for the planning director’s thoughts. Planning Director Margaret Hauth said the variance process used by the Board of Adjustment is readily available. There is a high bar for issuing variances. She isn’t sure there have been five variances issues in her long duration with the town. She is concerned that setting up a Board of Adjustment process sets up an untenable situation. She added that it would put the volunteer board in the position of saying no. Public might think they just apply for variance, not understanding that the proposal is not likely to meet the criteria. Hauth suggested crafting standards not quite as strict as those for a variance. Hauth recommended a staff approval process, which Hines has suggested previously. Hornik said Brough Law Firm’s thought process was to not make it too easy for homeowners to have parking pads because otherwise the town does not generally allow them. Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 30 Oct. 12, 2020 Weaver reviewed that parking pads are not allowed but the town has allowed existing to remain and the board granted all the requests for parking pads that have been brought before the board. Also, there has been some tension between the board’s permission granted and neighborhoods that don’t want parking pads. Bell asked for clarification on what is meant by public right of way. Hauth said public right of way is not owned personally but by the North Carolina Department of Transportation. In old sections of town, landowners own to the center of the road and the town has an easement. Homeowners are asked to maintain the right of way that is between their property and the road. She added that if an owner wanted to install a parking pad on their private property, then the town may not be involved. The town is involved with parking pad applications that would occur within the right of way. Bell said he is not in favor of creating private parking in public space that is a right of way under which utilities may run. Hughes joined the meeting at 7:17 p.m. Board members asked questions. If town allowed parking pads and a homeowners association did not, then a resident could not build the parking pad. Lloyd expressed concern about cars parked in the road obstructing emergency vehicles. Hughes wondered if it is possible for the Board of Adjustment to have an administrative role rather than a quasi-judicial role. Hornik said yes. Town Manager Eric Peterson said he can think of two reasons to permit a parking pad: if a residential unit cannot otherwise create a driveway or if the current parking option is dangerous to use. Hughes would like to see some flexibility. Ferguson and Bell expressed support for restricting the building of parking pads to the reasons Peterson named. Bell added that visual examples for the next discussion would be helpful. No action was taken. C.Ordinance annexing 6.25 acres at 202 Holiday Park Road Hauth noted this item and items 6D and 6F are together. Motion: Hughes moved to approve the ordinance annexing. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. D.Resolution amending the Future Land Use Plan to change the designation on approximately 6.25 acres at 202 Holiday Park Road Bell said he may have missed the vote for Item 6C because he lost internet connection. He had intended to vote for the motion. Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 30 Oct. 12, 2020 Hughes said if a vote doesn’t change the outcome, it’s generally OK to record the vote. Hauth reviewed the proposed amendment to the Future Land Use Plan which would change the designation for this property from Rural Living to Retail Services Motion: Ferguson moved to approve the amendment to the Future Land Use Plan. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. E.Consistency statement and ordinance amending the Zoning Map to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial Ferguson said she understood work around for mobile home park. She is struggling with leaving the designation rural living when the property has been used as commercial for all these years. Hauth said the PB recommended rezoning to General commercial. Motion: Ferguson moved to adopt the consistency statement and ordinance zoning the property General Commercial. Hughes seconded. Motion: Ferguson moved to approve the amendment to the Future Land Use Plan. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. F.Consistency statement and ordinance amending the Zoning Map to rezone approximately 1.98 acres on the north side of West King Street between Nash and Hayes streets from R-15 to R-10 Hauth reviewed. Motion: Bell moved to approve the consistency statement and ordinance. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. G.Reconsideration of gift offer of 0.8 acres of land at the intersection of Meadowlands Drive (east) and US 70-A from Meadowlands Associates Hauth reviewed the offer. She said the earthen dam is in great shape but the town would be taking on some small liability in having to maintain it. Motion: Ferguson moved to reconsider a vote from a previous meeting that expressed the board’s desire Vote: to move forward with accepting this land gift. Bell seconded. The motion carried upon a vote of 4-1. Ayes: Bell, English, Ferguson and Lloyd. Nays: Hughes. Absent: None. Motion: Ferguson moved to not accept the land gift at this time. Bell seconded. Discussion: There was discussion about the property’s potential value in helping to make a sidewalk connection and that accepting the property was not removing a large tax contribution. The town annually receives $266 in property tax for this property. Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 30 Oct. 12, 2020 Vote: The motion did not carry upon a unanimous vote of 0-5. Ayes: None. Nays: Bell, English, Ferguson, Hughes and Lloyd. Absent: None. Motion: Ferguson moved to accept the land gift. English seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. H. Hot topics for work session Sept. 28, 2020 No additional items were suggested. 7. Updates A. Board members Board members gave updates regarding committees and boards on which they serve. B. Town manager There was none. C. Staff (written departmental reports are included in the agenda packet) There was none. 8. Adjournment Motion: Hughes moved to adjourn at 8:50 p.m. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. Respectfully submitted, Sarah E. Kimrey Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 30 Oct. 12, 2020 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 09/14/2020 TO 09/14/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGEUSER 10-00-9990-5300-000 CONTINGENCY 09/14/2020 250,000.00 -5,522.00To cover utility savings cost share 20183 244,478.00EBRADFORD 09/14/2020 250,000.00 -30,000.00To cover CLG grant-Hist Guidelines Upda 20185 214,478.00EBRADFORD 09/14/2020 250,000.00 -5,000.00To cover park reopening expenses 20190 209,478.00EBRADFORD 09/14/2020 250,000.00 -8,000.00To re-est IT PO not carried forward 20192 201,478.00EBRADFORD 09/14/2020 250,000.00 -10,000.00To cover development eng review 20193 191,478.00EBRADFORD 10-10-4000-5300-335 SUPPLIES - DISASTER 09/14/2020 44,365.00 5,000.00To cover park reopening expenses 20189 49,365.00EBRADFORD 10-10-4200-5300-451 C.S./PRINTING 09/14/2020 3,570.00 57.00To cover water bill insert 20180 3,627.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 09/14/2020 9,053.00 -57.00To cover water bill insert 20181 8,996.00EBRADFORD 10-10-4900-5300-570 MISCELLANEOUS 09/14/2020 2,500.00 30,000.00To cover CLG grant-Hist Guidelines Upda 20184 32,500.00EBRADFORD 10-10-6610-5300-458 DATA PROCESSING SERVICES 09/14/2020 234,430.00 8,000.00To re-est PO not carried forward 20191 242,430.00EBRADFORD 10-20-5100-5300-470 HIRING SELECTION PROCESS 09/14/2020 4,719.00 2,000.00To cover new hire selection process 20197 6,719.00EBRADFORD 10-20-5110-5300-350 UNIFORMS 09/14/2020 9,360.00 8,000.00To cover new hire uniforms 20196 17,360.00EBRADFORD 10-20-5120-5100-020 SALARIES 09/14/2020 466,090.00 -10,000.00To cover new hire uniforms & selection pr 20195 456,090.00EBRADFORD 10-30-5600-5300-455 C.S./ENGINEERING 09/14/2020 14,000.00 10,000.00To cover development eng review 20194 24,000.00EBRADFORD 10-60-6900-5300-475 C.S./UTILITY ANALYSIS 09/14/2020 0.00 5,522.00To cover utility savings cost share 20182 5,522.00EBRADFORD 30-80-3500-3520-001 MISCELLANEOUS 09/14/2020 15,000.00 12,000.00Adj for pump sale revenue 20177 27,000.00EBRADFORD 30-80-8120-5300-150 MAINTENANCE - PLANT & EQUIPMENT 09/14/2020 79,300.00 35,000.00To cover WTP pump 20179 114,300.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 09/14/2020 300,000.00 -23,000.00To cover WTP pump 20178 243,788.00EBRADFORD 35-30-5900-5300-113 LICENSE FEES 09/14/2020 3,200.00 400.00To cover GIS licenses 20187 3,600.00EBRADFORD 35-30-5900-5300-570 MISCELLANEOUS 09/14/2020 2,000.00 -400.00To cover GIS licenses 20186 1,173.00EBRADFORD 24,000.00 EBRADFORD 1:02:58PM09/08/2020 fl142r03 Page 1 of 1 GF - Contingency GF-COVID Admin. Admin. Planning IT Police- Admin. Police- Patrol Police- I&CS Streets Special Approp. WSF- Revenue WTP WSF- Contingency Stormwater Stormwater APPROVED: 3/0 DATE: 9/14/20 VERIFIED: ___________________________________ Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 30 Oct. 12, 2020 Ordinance #20200914-5.C AN ORDINANCE AMENDING SECTION 7 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Hillsborough Town Code is hereby amended to add Section 7-37, Street Naming and Renaming as follows: Section 7-37 Street Naming and Renaming a) Streets located within the town of Hillsborough, whether public and private, shall not be named or renamed by any method except those set forth in this Article. All existing, proposed, or constructed public or private streets shall have a street name and address range assigned by the address administrator. b) New Street Names a. No new public or private street shall be named without approval of the address administrator. b. The name of any new street, whether it is public or private, shall not duplicate or be phonetically similar to any other street already named within Orange County, relying on the street database maintained by Orange County Emergency Services. This subsection shall not apply to the extension of existing streets, which should whenever possible be given the same name. c. If applying an existing street name to the extension of a street creates a duplication or the need to renumber more than a dozen existing addresses to create the correct address ranges, the address administrator may seek renaming all or a portion of the extension. d. New subdivision streets, whether public or private, shall be named prior to the approval of any proposed subdivision or plat. c) Renaming Public Streets a. The town board may initiate a public street renaming by a majority vote when presented with a request from the address administrator as described in subparagraph (e) below, a request from a resident of the street as described in subparagraph (f) below, or upon the board’s initiative. The board is not required to call a hearing on all requests it receives. b. If the town board decides to entertain a renaming request, the town board will schedule a public hearing on the potential street name change as specified in this section. c. The address administrator will provide notice of the public hearing at least 10 working days in advance of the hearing as follows: i. posted signs at two locations along the impacted street ii. written notice mailed to all property owner and residents or businesses impacted by the change iii. written notice transmitted to emergency service providers in the county Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 30 Oct. 12, 2020 Ordinance #20200914-5.C iv. written notice in a newspaper of general circulation in Hillsborough so the ad is published not more than 25 or less than 10 calendar days before the hearing. d. The town board may make a decision on the street renaming immediately upon the conclusion of the hearing or at a future meeting not more than 35 days after the close of the public hearing. e. The address administrator may request a street renaming when any of the following occur: i. a street name creates a duplication of another street name within Orange County ii. a street name interferes with the accurate dispatch of emergency service or postal delivery iii. one street has two commonly used names or where portions of what appears to be the same street has two or more names iv. an existing street is being extended and the extension create a duplication or the readdressing of more than a dozen existing addresses to create accurate address ranges. f. Any resident may request the renaming of a public street by filing a written request with the address administrator. The request must contain the name and address of the person making the request, the name of the street requesting to be changed, the suggested new name, the reason for the change, and the supporting signatures of the owner(s) of at least 75 percent of the parcels addressed on the street in question. Each parcel addressed on the street in question shall have one vote. The town board will consider comments from impacted non- owner residents and impacted non-owner businesses during the hearing process, in addition to the views of property owners. g. The town board may establish a fee for processing renaming requests to reflect the cost of advertising, written notices, and sign replacement. d) Renaming Private Streets a. The owners of property served by a private road may rename that road after verifying that the new name does not create a duplication within the county and the name otherwise complies with this section. A written request, signed by all impacted property owners, must be submitted to the address administrator. The address administrator will contact Orange County Emergency Services and receive written verification of non-duplication. The address administrator will send change of address notifications if the name change is non-duplicative and complaint with this section. e) Content of Street Names a. Street names must use common spelling found in a standard dictionary. b. Only letters of the alphabet and blank spaces should be included in a street name. Street names that are numbers (i.e. First Street) must be expressed using alphabetical characters and not numbers. Street names should not contain the following: i. Symbols or punctuation; Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 30 Oct. 12, 2020 Ordinance #20200914-5.C ii. Abbreviations of the main title of the street or street name; iii.A single alphabetical character; iv. Words that begin with "old" or "new;" v. Offensive words or language in accordance with G.S. 147-54.7 c.All street names shall contain a street name suffix designation. Suffix designations of streets include, but are not limited to, the following terms: avenue, boulevard, court, circle, lane, parkway, place, street, trail or way. All street suffix designations may be abbreviated in compliance with National Emergency Number Association (NENA) Addressing Standards Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 14th day of September, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 30 Oct. 12, 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 6.20 and Section 9.2 of the Unified Development Ordinance to update language related to stormwater management to be consistent with state requirements 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 are processed to have the Unified Development Ordinance in compliance with updates and terminology changes required by the state. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 _____________ _________ Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 30 Oct. 12, 2020 Ordinance #20200914-5.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. Amend Section 6.20.1.2 to change the effective date to January 12, 2012. Section 2. Replace Section 6.20.2, Applicability, to read as follows: 6.20.2 APPLICABILITY The following activities shall be subject to the requirement of this subsection: 6.20.2.1 New or re-development activity disturbing 10,000 square feet or more of land in order to establish, expand, or modify a multi-family residential, commercial, industrial, or institutional development or facility. 6.20.2.2 New or re-development activity cumulatively disturbing 21,780 square feet (1/2 acre) or more of land in order to establish, expand, or modify a single- or two-family dwelling and their customary accessory structures, including the subdivision of land involving the construction of streets and other impervious features. Development activity cumulatively disturbing less than 21,780 square feet (1/2 acre) of land in order to establish, expand, or modify a single- or two-family dwelling on an individual lot—not proposed as a part of a larger common plan of development or sale—is exempt from these requirements. 6.20.2.3 Any development activity cumulatively disturbing 21,780 square feet (1/2 acre) or more of land in order to establish, expand, or modify a recreational development on an individual lot and not proposed as part of a larger common plan of development or sale. 6.20.2.4 The requirements of this subsection do not apply to any work that does not add to, increase, or expand existing impervious surfaces. An example would be the paving of an existing gravel parking lot with asphalt provided the area of the parking lot is not expanded in any way. For re-development projects, stormwater controls required by this subsection are only required for impervious surface that exceeds the amount of impervious surface existing prior to the re- development (G.S. 143-214.7(b3)). 6.20.2.5 Pre-existing development is not required to install new or increased stormwater controls to meet the requirements of this subsection, Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 30 Oct. 12, 2020 Ordinance #20200914-5.D provided existing stormwater controls are not removed or decreased (G.S. 143-214.7(b3)). Section 3. Amend Section 6.20.3, Development Standards, to remove the “low density projects” subsection and all provisions therein; remove the subsection number, heading and introductory clause for “high density projects;” and add an introductory clause to read “New and redevelopment projects subject to this subsection shall implement stormwater controls measures that comply with each of the following standards:”. Existing subsections a-g currently under the “high density projects” heading remain in place and unchanged. Section 4. Amend Section 6.20.4.1 to add “new and re-” between “proposed” and “development” and add “subject to this subsection” after “development.” Section 5. Replace Section 6.20.5.2 to read as follows: 6.20.5.2 Offset fees shall be paid to a private mitigation bank as approved by the North Carolina Department of Environmental Quality (NCDEQ). If a private mitigation bank does not have available credits, offset fees may be paid to NCDEQ’s Division of Mitigation Services. Offset fees must be used within the Falls Lake Watershed. Section 6. Amend Section 6.20.5.3 by replacing “NC Ecosystem Enhancement Program” with “NCDEQ Division of Mitigation Services” and replace “Program” with “Division” later in the same sentence. Section 7. Replace Section 6.20.5.4, Permanent Nutrient Export Reduction Best Management Practices, with the following: 6.20.5.4 Permanent Nutrient Export Reduction Practices and SCMs NCDEQ determines nutrient reduction credits for various practices and SCMs. These practices are listed in the Stormwater Design Manual and include bio-retention, constructed wetlands, wet ponds and proprietary practices that have been approved for nutrient reduction. The Town encourages applicants to also non-structural methods to meet nutrient reduction requirements. These include various low impact development techniques and green infrastructure. Examples include disconnected impervious, riparian buffers, open channel swales and alternative site design. Section 8. Amend Section 6.20.5.5, update the reference to the “Stormwater BMP Manual” to “Stormwater Design Manual.” Section 9. Amend Section 6.20.6.1, Evaluation According to Contents of Stormwater Design Manual, to delete the parenthetical reference, and add “and the state’s minimum design criteria (MDCs)” at the end of the first sentence. Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 30 Oct. 12, 2020 Ordinance #20200914-5.D Section 10. Amend Section 6.20.7.1, Required Approval, and Section 6.20.7.2, Compliance with Requirements, to change references to “new development” to read “new or re- development.” Section 11. Throughout the Unified Development Ordinance, replace the terms “stormwater BMPs,” “BMPs”, and “engineered stormwater controls” with “stormwater control measure” or “SCM” as appropriate, in the same plural or singular case as the term replaced, unless otherwise noted in this ordinance. Section 12. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 13. 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 14th day of September, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 30 Oct. 12, 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 9.2 of the Unified Development Ordinance to update the definitions of dwelling unit, lodging unit, and hotel/motel to be consistent with state requirements 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 are processed to have the Unified Development Ordinance in compliance with state requirement in S.L. 2019-111, §1.17. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 _____________ _________ Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 30 Oct. 12, 2020 Ordinance #20200914-5.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. Amend Section 9.2, Definitions, by replacing the current definition for “dwelling unit” to read as follows: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Section 2. Amend Section 9.2, Definitions, by adding the clause “in its smallest configuration” after the phrase “each room” near the end of the definition of “lodging unit” and by adding the following sentence to the end of the same definition: Lodging units need not contain all of the components needed to qualify as a dwelling unit. Section 3. Amend Section 9.2, Definitions, by deleting the clause “or ten (10) or more dwelling units” from the definition of a hotel/motel. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 14th day of September, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 30 Oct. 12, 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 3.6 of the Unified Development Ordinance to prevent the submittal of a downzoning application to be filed by a third party to be consistent with state requirements 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 are processed to have the Unified Development Ordinance in compliance with state requirement in S.L. 2019-111, Pt. I. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 _____________ _________ Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 30 Oct. 12, 2020 Ordinance #20200914-5.F AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 3.6.3, Authority to Apply, by changing the heading of Section 3.6.3.1 to read “Amendments to the Unified Development Ordinance” and deleting the clause “including the Official Zoning Map” from that section. Section 2. Amend Section 3.6.3, Authority to Apply, by adding Section 3.6.3.2, Amendments to the Official Zoning Map, to read as follows: 3.6.3.2 Amendments to the Official Zoning Map Subject to the limitation of the foregoing statement of intent, an amendment to the Official Zoning Map that down-zones a property or properties (moves the property into a more restrictive or limited zoning district or adds a restricting overlay) may be initiated by the Town Board on its own motion OR by the property owner at the time of the application. Any other amendment to the Official Zoning Map may be filed consistent with Section 3.6.3.1. Section 3. Renumber the remainder of the section to accommodate this addition. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 14th day of September, 2020. Ayes: 3 Noes: 0 Absent or Excused: 2 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 30 Oct. 12, 2020 Proclamation #20200914-5.J Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 30 Oct. 12, 2020 Proclamation #20200914-5.J Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 30 Oct. 12, 2020 Adopted: Sept. 9, 2019 Amended: Feb. 10, 2020 Amended: May 11, 2020 Amended: May 26, 2020 Amended: June 8, 2020 Amended: Sept. 14, 2020 Hillsborough Board of Commissioners Meeting Calendar — 2020 All meetings start at 7 p.m. and are in the Town Hall Annex Board Meeting Room, 105 E. Corbin St., unless otherwise noted. Times, dates and locations are subject to change. Due to public health concerns related to COVID-19, the Board of Commissioners may conduct remote meetings utilizing Zoom. Members of the Board of Commissioners will participate in the meetings remotely. Members of the public will be able to view and listen to the meeting via live streaming video on the Town of Hillsborough YouTube channel. Monday, Jan. 13 Regular meeting Thursday, Jan. 16 Joint public hearing with Planning Board Monday, Jan. 27 Work session Monday, Feb. 10 Regular meeting Monday, Feb. 24 Work session Saturday, March 7 Budget retreat (9 a.m.) Monday, March 9 Regular meeting Monday, March 23 Work session — State of the Town Address (Remote) Monday, April 13 Regular meeting (Remote) Thursday, April 16 Joint public hearing with Planning Board – CANCELED Monday, April 27 Work session – CANCELED Monday, May 11 Regular meeting (Remote) Tuesday, May 26 Work session (Remote) Monday, June 8 Regular meeting (including budget public hearing and workshop) (Remote) Thursday, June 18 Joint public hearing with Planning Board (Remote) Monday, June 29 Work session and budget adoption (Remote) Thursday, July 16 Joint public hearing with Planning Board (Remote) Monday, Aug. 10 Regular meeting (Remote) Monday, Aug. 24 Work session (Remote) Monday, Sept. 14 Regular meeting (Remote) Thursday, Sept. 17 Special joint public hearing with Planning Board (Remote) Monday, Sept. 28 Work session (Remote) Monday, Oct. 12 Regular meeting (Remote) Thursday, Oct. 15 Joint public hearing with Planning Board (Remote) Monday, Oct. 26 Work session (Remote) Monday, Nov. 9 Regular meeting (Remote) Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 30 Oct. 12, 2020 Hillsborough Board of Commissioners Meeting Schedule — 2020 Page | 2 Monday, Nov. 23 Work session (Remote) Monday, Dec. 14 Regular meeting (Remote) Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 30 Oct. 12, 2020 Proclamation # 20200914-5.L Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 30 Oct. 12, 2020 Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 23 of 30 Oct. 12, 2020 Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 24 of 30 Oct. 12, 2020 Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 25 of 30 Oct. 12, 2020 RESOLUTION APPROVING AMENDMENT TO THE FUTURE LAND USE PLAN AND MAP FOR THE TOWN OF HILLSBOROUGH WHEREAS, The Town of Hillsborough adopted a Future Land Use Map in March 2013 based, in part, on recommendations found in the Strategic Growth Plan, and other locally adopted plans, and WHEREAS, The Future Land Use Plan and Map describe 16 different land uses to recognize the diversity of land uses currently existing and anticipated to occur in the town’s jurisdiction in the future, and WHEREAS, The Future Land Use Plan describes various land use designations and indicates which zoning districts identified in the Unified Development Ordinance are included within each land use designation identified in the Future Land Use Plan, such information being intended as a resource and reference for staff and land owners considering rezoning requests, and WHEREAS, an amendment to the Future Land Use Plan text was proposed as part of an annexation and zoning request from Home Hillsborough, LLC for the 6.25 acres at 202 Holiday Park Road to change the designation from Rural Living to Retail Services, and WHEREAS, a public hearing was held to gather public comments on this amendment on July 16, 2020, and WHEREAS, the site has existing water and sewer service and is developed with a non-residential style building previously used as a community building for a local non-profit. The parcel is located near the western boundary of the town’s urban service boundary. WHEREAS, Planning Board unanimously recommended denial of the amendment to the Future Land Use Plan map, NOW, THEREFORE BE IT RESOLVED, that the Hillsborough Town Board of Commissioners hereby approves the Future Land Use Map amendment to designate 202 Holiday Park Road as Retail Service. The Future land Use Plan and Map as herein adopted shall be and is a component of the town’s comprehensive plan in accordance with N.C. G. S. Section 160A-383. This the 14th day of September, 2020. Jenn Weaver, Mayor Seal Resolution #20200914-6.D Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 26 of 30 Oct. 12, 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 _ Home Hillsborough, LLC _ to amend the Town of Hillsborough Zoning Map as follows (insert general description of proposed amendment): The Zoning Map of the Town of Hillsborough is hereby amended to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial (OC PIN 9865-40-7877) 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 zoning is filed concurrently with an annexation and the site is presently developed with a non-residential style building formerly used by a local non-profit for community activities. The existing building pre-dates community planning and zoning. Creating a non-conformity would limit the active use of the building and potentially create a nuisance in the neighborhood • The parcel is designated as Retail Services in the Future Land Use Plan. • The site and existing building can be redeveloped consistent with the neighborhood character and the unified development ordinance. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 27 of 30 Oct. 12, 2020 Ordinance #20200914-6.E AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial (OC PIN 9865-40-7877) Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly ADOPTED this 14th day of September, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 28 of 30 Oct. 12, 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 _ Vima, LLC _ to amend the Town of Hillsborough Zoning Map as follows (insert general description of proposed amendment): Rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from Residential-15 to Residential-10. 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 parcel is designated as Urban Neighborhood in the Future Land Use Plan and R-10 is an expected zoning classification in this area. • Properties in close proximity are zoned R-10 and within the same Future Land Use designation. • Properties in close proximity are developed at the R-10 size and smaller (existing non- conformities) so the development of this parcel compliant with the R-10 standards is not inconsistent with the existing neighborhood character. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 29 of 30 Oct. 12, 2020 Ordinance #20200914-6.F AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from Residential-15 to Residential-10 (OC PIN 9864-66-5449). Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly ADOPTED/DENIED this 14th day of September, 2020. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk Sept. 14, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 30 of 30 Oct. 12, 2020