Board of Commissioners Regular Meeting

Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 1 of 33 Minutes Board of Commissioners Regular Meeting 7 p.m. Sept. 9, 2024 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Mark Bell and commissioners Meaghun Darab, Robb English, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Staff: Planner II Molly Boyle, Budget Director Emily Bradford, Planning and Economic Development Manager Shannan Campbell, Administrative Services Director Jen Della Valle, Budget and Management Analyst Josh Fernandez, Environmental Engineering Supervisor Bryant Green, Police Chief Duane Hampton, Town Attorney Nick Herman, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Senior Communications Specialist Cheryl Sadgrove and Public Space and Sustainability Manager Stephanie Trueblood Opening of the meeting Mayor Mark Bell called the meeting to order at 7 p.m. 1. Public charge Bell did not read the public charge. 2. Audience comments not related to the printed agenda There were none. 3. Agenda changes and approval Item 8A – Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (potential litigation) was removed. Motion: Commissioner Evelyn Lloyd moved to approve the amended agenda. Commissioner Matt Hughes seconded. Vote: 5-0. 4. Appointments A. Tree Board – Appointment of Tim Logue for a term ending Oct. 30, 2027 B. Parks and Recreation Board – Reappointment of Richard von Furstenberg for a term ending Oct 30, 2027 C. Tree Board – Reappointment of Linda Paynter for a term ending Sept. 10, 2027 D. Parks and Recreation Board – Appointment of Nevin Daryani for a term ending Sept. 10, 2027 Motion: Commissioner Kathleen Ferguson moved to approve the appointments. Lloyd seconded. Vote: 5-0. 5. Items for decision – consent agenda A. Minutes – Regular meeting Aug. 12, 2024  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 2 of 33 – Regular meeting closed session Aug. 12, 2024 – Work session and joint Water and Sewer Advisory Committee meeting Aug. 26, 2024 – Work session closed session Aug. 26, 2024 B. Miscellaneous budget amendments and transfers C. Resolution authorizing ABC Permit signing authority D. Proclamation – Diaper Need Awareness Week E. Proclamation – Hispanic Heritage Month 2024 F. Special Event Permit – Hillsborough Half Marathon and 5K G. Special Event Permit – Carolina Tarwheels Bikefest 2024 H. Special Event Permit – Hog Day 2024 I. Sale and Indemnity agreement authorizing the retirement of K-9 Vader and transfer of ownership to Sgt. Scott Foster Motion: Ferguson moved to approve all items on the consent agenda. Commissioner Robb English seconded. Vote: 5-0. 6. Items for decision - regular agenda A. Annexation and rezoning request for Waterstone South Hillsborough Planner II Molly Boyle recapped the proposal and its project and consideration timeline. The developer proposed building 450 apartments, 205 townhomes and 240,000 square feet of medical, office and neighborhood commercial use space and had agreed to make 15% of the market-rate units affordable to those earning 80% of the average median income. The non-residential buildings would be built along Waterstone Drive and N.C. 86 South. Hillsborough Environmental Engineering Supervisor Bryant Green reviewed the developer’s commitments to financially contribute to several water and sewer upgrades, including a new pump station to replace the Nazarene and Woods Edge pump stations and $250,000 for Elizabeth Brady Pump Station improvements. The water system connection was agreed upon and the system development fees would be paid when the site plan is filed. Eric Chupp, vice president of Capkov Ventures Inc., said the development aligns with the town’s plans for the area and the area has sewer capacity. The development would be close to major transportation corridors and would provide opportunities to walk to businesses and schools. Additional rooftops should help attract commercial businesses. Affordable townhome and apartment units would be among the market-rate units and have the same exterior. John Dempsey, an Orange County resident, addressed the board to ask that the intermittent stream on the property be protected. Dan Jewell, landscape architect and principal regional director of the engineering services firm Thomas & Hutton, addressed the board. He said the development should connect with the rest of town and the developer is committed to building a greenway in the N.C. 86 right of way. The developer will make a $150,000 payment in lieu if the state does not approve the greenway location by the time the certificates of occupation are sought. The board posed questions to those who had spoken. It was noted that: • Utilities staff had considered all previously approved development when calculating whether this proposal could be accommodated.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 3 of 33 • The Elizabeth Brady Pump Station will need to be replaced within five years. • The developer’s utilities contributions would be close to covering the cost of providing service in this new area. • Affordable units would have the same heating and air conditioning units as market-rate units. The greenway placement and payment in lieu were discussed at length. It was determined that the trail would be 1.25 miles long and asphalt where allowed in the N.C. 86 South right of way, located at the bottom of the slope. It was noted that payments in lieu are usually 125% of the cost at the expected construction date to build a sidewalk or greenway. Following discussion, Chupp agreed to pay $187,000 as a payment in lieu if the greenway could not be built. Motion: English moved to approve the rezoning request to include the greenway changes to the map and amended conditions the applicant presented, noting that the proposed amendment is consistent with the Land Use and Development chapter goal to “Ensure that future growth and development, including infill and redevelopment, are aligned with smart growth principles and consider infrastructure constraints such as water and wastewater system capacity” and that the proposed regulations advance identified goals and strategies found in the Comprehensive Sustainability Plan and promote public health, safety and welfare by creating more diversity in the town’s housing stock, creating more affordable housing options in the community, and adding commercial development at Waterstone Drive and N.C. 86 South. Ferguson seconded. Motion: Darab moved to amend the motion to include that the affordable units shall be integrated with the market-rate units and shall include similar HVAC and insulation installations. Hughes seconded. Vote: 5-0. Motion: Hughes moved to approve the annexation request. Ferguson seconded. Vote: 5-0. B. Strategic Plan Annual Report Administrative Services Director Jen Della Valle presented the annual report of progress made on the Strategic Plan goals in Fiscal Year 2024. She reviewed the achievements in the five focus areas: sustainability, connected community, economic vitality, community safety and service excellence. Achievements included two dozen tasks that had been completed, were on track to be completed on time, or have had progress made ahead of schedule. The report also noted 10 tasks that needed an extended timeframe for completion. C. Hot topics for work session Sept. 23, 2024 The analysis of the Ridgewalk greenway would be presented at the work session. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was no additional report. C. Staff (written reports in agenda packet) There was no additional report. 8. Closed session  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 4 of 33 A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (potential litigation) 9. Adjournment The mayor adjourned the meeting at 8:44 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 TOWN OF HILLSBOROUGH Page 5 of 33 FY 2024-2025 BUDGET CHANGES REPORT DATES: 09/09/2024 TO 09/09/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover utility analysis contract 45504 09/09/2024 EBRADFORD 450,000.00 -600.00 434,283.00 Comms. 10-10-4600-5300-113 LICENSE FEES 45513 09/09/2024 JFernandez To cover Convertio subscription for web images. 13,998.00 72.00 11,070.00 Comms. 10-10-4600-5300-330 SUPPLIES - DEPARTMENTAL 45512 09/09/2024 JFernandez To cover Convertio subscription for web images. 1,740.00 -72.00 1,668.00 Special 10-60-6900-5300-475 C.S./UTILITY ANALYSIS Approp. To cover utility analysis contract 45503 09/09/2024 EBRADFORD 0.00 600.00 600.00 Admin. 30-80-7200-5300-475 C.S./UTILITY ANALYSIS of EnterpriseTo cover utility analysis contract 45506 09/09/2024 EBRADFORD 0.00 996.00 996.00 Utilities 30-80-7220-5300-570 MISCELLANEOUS Admin. To cover document scanning contract 45507 09/09/2024 EBRADFORD 12,600.00 17,000.00 29,600.00 Water 30-80-8140-5300-326 SUPPLIES - PATCH Dist. leaks. 09/09/2024 JFernandez To cover curb & sidewalk repairs from water 45515 4,000.00 4,000.00 10,000.00 Water 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL Dist. To cover curb & sidewalk repairs from water 45514 leaks. 09/09/2024 JFernandez 120,000.00 -4,000.00 105,500.00 W&S 30-80-9990-5300-000 CONTINGENCY Contingency To cover utility analysis contract 45505 09/09/2024 EBRADFORD 400,000.00 -996.00 284,514.00 To cover document scanning contract 45508 09/09/2024 EBRADFORD 400,000.00 -17,000.00 267,514.00 0.00 APPROVED: 5/0 DATE: 9/9/24 VERIFIED: ___________________________________ JFernandez 09/04/2024 8:38:15AM Page 1 of 1 fl142r03  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 NORTH CAROLINA Page 6 of 33 RESOLUTION #20240909-5.C ALCOHOLIC BEVERAGE CONTROL COMMISSION (919) 779-0700 Location: 400 E. Tryon Road Mail: 4307 Mail Service Center Raleigh, NC 27610 Raleigh, NC 27699-4307 Hillsborough RESOLUTION OF THE CITY OF , COUNTY OF Orange , REGARDING THE DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT APPLICATIONS. WHEREAS G.S.18B-904(f) authorizes a governing body to designate an official, by name or by position, to make recommendations concerning the suitability of persons or locations for ABC permits; and WHEREAS the City of Hillsborough , County of Orange , wishes to notify the NC ABC Commission of its designation as required by G.S.18B-904(f); Duane Hampton Chief of Police BE IT THEREFORE RESOLVED that , , (Name of Official) (Title or Position) Andy Simmons __________________________, Major _________________ and __________________________, Major Jason Winn _________________, (Name of Official) (Title or Position) (Name of Official) (Title or Position) are hereby designated to notify the North Carolina Alcoholic Beverage Control Commission of the recommendations of the City of Hillsborough , County of Orange , regarding the suitability of persons and locations for ABC permits within its jurisdiction. BE IT FURTHER RESOLVED THAT notices to the City of Hillsborough , County of Orange , should be mailed or delivered to the official designated above at the following address: 127 N. Churton St. Hillsborough, NC 27278 Mailing address: Office location: 127 N. Churton St. City: Hillsborough , NC Zip Code: 27278 Phone #: (919) 296-9500 This the 9th day of Setptember , 20 24 . (Mayor/Chairman) Sworn to and subscribed before me this the 9th day of Septmeber , 20 24 . (Clerk)  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 7 of 33 PROCLAMATION #20240909-5.D  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 8 of 33 PROCLAMATION #20240909-5.E  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 9 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 10 of 33 BOARD OF COMMISSIONERS TOWN OF HILLSBOROUGH, NORTH CAROLINA Consistency Statement per Section 160D-605 Request to amend the Official Zoning Map for the Town of Hillsborough - Waterstone South Planned Development District September 9, 2024 The Board of Commissioners for the Town of Hillsborough has received and reviewed the request from Capkov Ventures, Inc. and Woodsedge Properties, LLC to amend the town’s Official Zoning Map as follows: • Rezone approximately 98.948 acres from R1 (County), EDH-2 (County), and ESU (Town) to a Planned Development (PD) district for apartments, townhomes, and various nonresidential uses, such as medical, hospital, office, and neighborhood commercial (Parcel Identification Numbers: 9873-42-2375; 9873-42-5271; 9873-42-5076; 9873-41-5972; 9873-41-6716; 9873-51-0737; 9873-50-3553; 9873-50-4152; and 9872-49-4729) The Board of Commissioners has determined that the proposed rezoning is with the town’s Comprehensive Sustainability Plan (CSP) because: 1. The proposed amendment is with the Land Use and Development chapter goal to “Ensure that future growth and development, including infill and redevelopment, are aligned with smart growth principles and consider infrastructure constraints such as water and wastewater system capacity.” Strategy: Develop and adopt plans that contribute to meeting preferred future land use and growth patterns. 2. The proposed regulations advance identified goals and strategies found in the CSP and promote public health, safety, and welfare by creating more diversity in the town’s housing stock, creating more affordable housing options in the community, and adding commercial development at Waterstone Drive and NC 86 S. The foregoing consistency statement, having been submitted to a vote, received the following vote and was duly adopted this 9th day of September in the year 2024. Ayes: 5 Noes: 0 Absent or excused: 0 ____________________________________________ Sarah E. Kimrey, Town Clerk  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 11 of 33 ORDINANCE #2020909-6.A-2  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 12 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 13 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 14 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 15 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 16 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 17 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 18 of 33  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 19 of 33 ORDINANCE #20240909-6.A-1 ORDINANCE Amending the Official Zoning Map for the Town of Hillsborough Waterstone South, a Planned Development WHEREAS, an application was made to amend the Official Zoning Map for the Town of Hillsborough, specifically to rezone approximately 98.948 acres of property described hereto and identified as Parcel Identification Numbers 9873-42-2375; 9873-42-5271; 9873-42-5076; 9873-41-5972; 9873-41-6716; 9873-51-0737; 9873-50-3553; 9873-50-4152; and 9872-49-4729 to Planned Development (PD); WHEREAS, the application was 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 amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; WHEREAS, the applicant and the Board of Commissioners have negotiated and mutually agreed to a list of conditions to be placed on the zoning district as allowed under NC GS § 160D-703 (b); 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 in reasonable and in the public interest. Now, therefore, the Board of Commissioners for the Town of Hillsborough ordains: Section 1. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone the 98.948 acres of property shown and described hereto in Exhibits A and B to Planned Development (PD). Section 2. As part of this rezoning, the aforementioned property is subject to the conditions attached hereto as Exhibit C, to which both the applicant and the Board of Commissioners have mutually agreed. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this 9th day of September in the year 2024. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 20 of 33 EXHIBIT A ORDINANCE #20240909-6.A-1 LEGAL DESCRIPTION PARCEL DESCRIPTION - NORTH ANNEX 14.283 ACRES Situated in the State of North Carolina, County of Orange, Hillsborough Township and being all of that 4.451 acre tract conveyed to Capkov Ventures, Inc. of record in Deed Book 6653, Page 1382, all of that 3.980 acre tract conveyed to Capkov Ventures Inc. in Deed Book 6728, Page 908, all of that 4.013 acre tract conveyed to Capkov Ventures, Inc. in Deed Book 6728, Page 908, all of that 0.920 acre tract conveyed to Capkov Ventures, Inc. in Deed Book 6728, Page 231, and all of that 0.919 acre tract conveyed to Capkov Ventures, Inc. in Deed Book 6822, Page 565 in the Office of the Register of Deeds of Orange County, North Carolina, and being more particularly bounded and described as follows; Beginning, at an iron pipe found at the southeastern corner of a 2.134 acre tract conveyed to Capkov Ventures Inc. of record in Deed Book 6718, Page 1700, being on the westerly line of a 15.8 acre tract conveyed to Crabtree Glenn, LLC of record in Deed Book 6009, Page 565, being the northeastern corner of said 4.451 acre tract and having State Plane Ground Coordinates (NAD 83 – 2011 Adjustment): Northing 832390.8190, Easting 1975249.9620; Thence S 01° 05’ 37” E, with the easterly line of said 4.451 acre tract, said 3.980 acre tract, said 4.013 acre tract and said 0.919 acre tract, and the westerly line of said 15.8 acre tract a distance of 635.30 feet to an iron pipe found along the westerly line of said 15.8 acre tract, the northern right-of-way of Phoebe Drive and being the southeastern corner of said 0.919 acre tract; Thence S 85° 58’ 04” W, along the northern right-of-way of said Phoebe Drive a distance of 217.33 feet to an iron pipe found at the southeastern corner of a 0.918 acre tract conveyed to Roger Stephens of record in Deed Book 4444, Page 274; Thence along the common lines of said 0.919 acre tract, said 0.918 acre tract, said 4.013 acre tract and said 0.920 acre tract the following three (3) courses: N 01° 09’ 34” W, a distance of 186.96 feet to an iron pipe found; S 87° 21’ 19” W, a distance of 210.98 feet to an iron pipe found; S 01° 09’ 57” E, a distance of 192.08 feet to an iron pipe found along the northern right-of-way of said Phoebe Drive and being the southwestern corner of said 0.918 acre tract; Thence S 85° 58’ 04” W, along said Phoebe Drive right-of-way a distance of 205.70 feet to an iron pipe set at the southeastern corner of that 3.206 acre tract conveyed to Worth and Deanna Overman of record in Deed Book 664, Page 551; Thence along the common lines of said 3.206 acre tract, said 0.920 acre tract and said 4.013 acre tract the following two (2) courses: N 01° 14’ 22” W, a distance of 197.87 feet to an iron pipe found; S 87° 19’ 37” W, a distance of 598.88 feet to an iron pipe found at the northeastern corner of said 3.206 acre tract, being on the easterly line of a 57.7 acre tract conveyed to the University of North Carolina Hospitals at Chapel Hill #319 in Deed Book 4832, Page 301 and being the southwestern corner of said 4.013 acre tract;  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 21 of 33 Thence N 07° 36’ 56” W, along the common line of said 57.7 acre tract, said 4.013 acre tract, said 3.980 acre tract, and said 4.451 acre tract a distance of 410.56 feet to an iron pipe set at the southwestern corner of said 2.134 acre tract and being the northwestern corner of said 4.451 acre tract; Thence N 85° 23’ 33” E, with the common line of said 2.134 acre tract and said 4.451 acre tract a distance of 1281.55 feet to the Point of Beginning, and containing 14.283 acres of land, more or less, as calculated by the above courses. Subject, to all legal restrictions, easements and/or right-of-way. The above description was prepared by James D. Whitacre, P.L.S. L-5273 on July 2, 2024. This description is based on existing records from the Orange County Register of Deeds and an actual field survey by Advanced Civil Design, Inc. completed in September, 2023. The Basis of Bearings used in this description is based upon monuments established by the National Geodetic Survey (NAD 83, 2011 Adjustment) and was determined using GPS equipment and procedures. All references used in this description can be found at the Register of Deeds, Orange County, North Carolina. PARCEL DESCRIPTION - SOUTHERN ANNEX 82.733 ACRES Situated in the State of North Carolina, County of Orange, Hillsborough and Chapel Hill Townships and being all of that 13.697 acre tract conveyed to Capkov Ventures, Inc. of record in Deed Book 6820, Page 513, all of that 52.803 acre tract conveyed to Capkov Ventures, Inc. of record in Deed Book 6812, Page 98, a portion of that 16.409 acre tract conveyed to Capkov Ventures, Inc. of record in Deed Book 6540, Page 1 also known as Lot 4 of record in Plat Book 128, Page 10, and all of that 1.823 acre tract conveyed to Capcov Ventures, Inc. in Deed Book 6856, Page 1337 in the Office of the Register of Deeds of Orange County, North Carolina, and being more particularly bounded and described as follows; Beginning, at an iron pipe found in the westerly right-of-way of NC Highway 86, the southeasterly corner of said 13.697 acre tract, the northeasterly corner of said 52.803 acre tract and having State Plane Ground Coordinates (NAD 83 – 2011 Adjustment): Northing 829806.807, Easting 1976136.323; Thence S 09° 40’ 00” E, with the easterly line of said 52.803 acre tract and said right-of-way a distance of 118.52 feet to an iron pipe set at the northeastern corner of a 5.108 acre tract conveyed to Advisory Board of the NC District Church of Nazarene of record in Deed Book 600, Page 329; Thence with the common line of said 5.108 acre tract and said 52.803 acre tract the following two (2) courses: S 88° 49’ 38” W, a distance of 679.62 feet to an iron pipe set; S 09° 42’ 51” E, a distance of 280.89 feet to an iron pipe found at the southwestern corner of said 5.108 acre tract and being the northwestern corner of a 5.381 acre tract conveyed to Santos Guadalupe Mejia Reyes and Alicia Suyapa Mejia Vasquez of record in Deed Book 6637, Page 1403; Thence S 09° 35’ 31” E, with the common line of said 5.381 acre tract and said 52.803 acre tract a distance of 337.73 feet to an iron pipe found at the northern right-of-way of Scarlette Mountain Road (private); Thence S 09° 35’ 31” E, across said right-of-way a distance of 29.05 feet to a point on the center line of said Scarlette Mountain Road and being the southeasterly corner of said 52.803 acre tract; Thence with the centerline of said Scarlette Mountain Road the following four (4) courses:  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 22 of 33 N 80° 27’ 53” W, a distance of 449.66 feet to a point; ORDINANCE #20240909-6.A-1 N 87° 17’ 53” W, a distance of 222.63 feet to a point; N 89° 46’ 53” W, a distance of 199.58 feet to a point; N 73° 28’ 04” W, a distance of 121.53 feet to a point in the easterly line of a 7.87 acre tract conveyed to Karen Jordan of record in Deed Book 359, Page 169; Thence with the common line of said 52.803 acre tract and said 7.87 acre tract the following two courses; N 00° 28’ 17” E, a distance of 36.71 feet to an iron pipe found; S 89° 39’ 52” W, a distance of 942.40 feet to a point on the easterly right of way of Interstate 40; Thence with the westerly line of said 52.803 acre tract, the easterly right-of-way of said Interstate 40, the following six courses; N 10°05’ 55” W, a distance of 185.45 feet to a concrete monument found; N 13°40’ 27” W, a distance of 305.71 feet to a concrete monument found; With a curve to the left, having a chord bearing and distance of N 16° 38’ 15” W, 594.24 feet, a radius of 3952.94 feet, a central angle of 08° 37’ 17”, and an arc length of 594.80 feet to a rebar found; N 70°03’ 27” E, a distance of 15.10 feet to a concrete monument found; N 12°43’ 48” W, a distance of 154.12 feet to a concrete monument found; With a curve to the left, having a chord bearing and distance of N 24° 03’ 34” W, 130.79 feet, a radius of 3994.72 feet, a central angle of 01° 52’ 34”, and an arc length of 130.80 feet to a point in the centerline of a stream, the southwesterly corner of that 0.218 acre tract conveyed to North Carolina Department of Transportation of record in Deed Book 6814, Page 224; Thence with the centerline of the stream, the common line of said 0.218 acre tract and said 52.803 acre tract the following seven (7) courses; N 51°53’ 36” E, a distance of 19.81 feet to a point; N 65°44’ 56” E, a distance of 14.85 feet to a point; N 87°59’ 35” E, a distance of 10.37 feet to a point; S 21°18’ 06” E, a distance of 13.55 feet to a point; S 10°49’ 00” E, a distance of 14.94 feet to a point; S 60°12’ 19” E, a distance of 16.24 feet to a point; N 83°11’ 17” E, a distance of 5.02 feet to a point at the southeasterly corner of said 0.218 acre tract, southwesterly corner of said 1.823 acre tract; Thence with the common line of said 1.823 acre tract and said 0.218 acre tract the following three courses; N 09°42’ 11” W, a distance of 6.91 feet to a point; N 24°51’ 58” W, a distance of 53.01 feet to a point;  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 23 of 33 N 37°12’ 08” W, a distance of 329.50 feet to a concrete monument found on the easterly right-of-way of said Interstate 40; Thence with the westerly line of said 1.823 acre tract, the easterly right-of-way of said Interstate 40 the following two (2) courses; N 36°05’ 34” W, a distance of 104.78 feet to a concrete monument found; With a curve to the left, having a chord bearing and distance of N 36° 44’ 37” W, 747.03 feet, a radius of 3984.72 feet, a central angle of 10° 45’ 26”, and an arc length of 748.12 feet to a point at the northwesterly corner of said 48.313 (orig.) acre tract the southwesterly corner of that 57.7 acre tract conveyed to University of North Carolina Hospitals at Chapel Hill #319 of record in Deed Book 4832, Page 301; Thence S 89° 58’ 08” E, with the common line of said 1.823 acre tract and said 57.7 acre tract a distance of 106.08 feet to a point at the northwesterly corner of Lot 1 of record in Plat Book 128, Page 10; Thence S 35° 32’ 16” E, with the common line of said 1.823 acre tract and said Lot 1, a distance of 1211.14 feet to a point in the centerline of the creek, the southerly line of said Lot 1 acre tract, the northerly line of said 52.803 acre tract; Thence with the centerline of said creek, the common line of said Lot 1 and said 52.803 acre tract the following twenty-two courses; S 79°54’ 09” E, a distance of 15.47 feet to a point; S 87°24’ 39” E, a distance of 27.59 feet to a point; N 78°38’ 06” E, a distance of 22.76 feet to a point; N 84°18’ 24” E, a distance of 19.35 feet to a point; S 72°25’ 59” E, a distance of 70.41 feet to a point; N 69°27’ 22” E, a distance of 13.58 feet to a point; N 55°59’ 25” E, a distance of 16.05 feet to a point; S 64°00’ 12” E, a distance of 11.36 feet to a point; S 80°43’ 27” E, a distance of 28.61 feet to a point; N 58°34’ 08” E, a distance of 7.81 feet to a point; N 82°04’ 36” E, a distance of 27.81 feet to a point; N 69°02’ 05” E, a distance of 31.39 feet to a point; S 70°48’ 35” E, a distance of 57.04 feet to a point; S 49°54’ 40” E, a distance of 45.06 feet to a point; S 89°28’ 32” E, a distance of 41.22 feet to a point; S 48°46’ 48” E, a distance of 36.86 feet to a point;  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 24 of 33 N 77°03’ 15” E, a distance of 44.59 feet to a point; ORDINANCE #20240909-6.A-1 N 69°17’ 26” E, a distance of 42.52 feet to a point; N 48°34’ 08” E, a distance of 31.88 feet to a point; S 63°48’ 18” E, a distance of 73.07 feet to a point; N 90°00’ 00” E, a distance of 302.17 feet to a point; N 61°54’ 05” E, a distance of 184.24 feet to a point; S 71°37’ 17” E, a distance of 86.76 feet to a point on the westerly line of said Lot 4, the southeasterly corner of said Lot 1; Thence N 00° 16’ 18” E, with the common line of said Lot 1 said Lot 4 a distance of 174.79 feet to an iron pipe set at the southwesterly corner of Lot 3 of record in Plat Book 128, Page 10; Thence along the common lines of said Lot 3 and said Lot 4 the following two courses; S 89°23’ 25” E, a distance of 626.12 feet to an iron pipe set; N 01°11’ 36” E, a distance of 138.91 feet to an iron pipe set at the southwesterly corner of that 8.35 acre tract conveyed to Lillie Mangum of record in Deed Book 232, Page 1392; Thence S 89° 23’ 25” E, with the common line of said Lot 4 and said 8.35 acre tract a distance of 719.04 feet to an iron pipe set on the westerly right-of-way of said State Route 86; Thence with the westerly right-of-way of said State Route 86, the following two (2) courses: S 08° 55’ 32” E, with a distance of 506.04 feet to a rebar found at the southeasterly corner of said 16.409 acre tract, the northeasterly corner of said 13.697 acre tract; S 10° 28’ 14” E, with a distance of 518.50 feet to the Point of Beginning, and containing 82.733 acres of land, more or less, as calculated by the above courses. Subject, to all legal restrictions, easements and/or right-of-way. The above description was prepared by James D. Whitacre, P.L.S. L-5273 on September 6, 2024. This description is based on existing records from the Orange County Register of Deeds and an actual field survey completed by Advanced Civil Design, Inc. in September, 2023. The Basis of Bearings used in this description is based upon monuments established by the National Geodetic Survey (NAD 83, 2011 Adjustment) and was determined using GPS equipment and procedures. All references used in this description can be found at the Register of Deeds, Orange County, North Carolina. ADVANCED CIVIL DESIGN, INC. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. EXHIBIT B Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 25 of 33 ORDINANCE #20240909-6.A-1  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 EXHIBIT C Page 26 of 33 ORDINANCE #20240909-6.A-1 CONDITIONS OF APPROVAL FOR WATERSTONE SOUTH, A PLANNED DEVELOPMENT I. Generally a. Site plans and construction drawings for the development shall comply with these conditions of approval, as well as any applicable development regulations for the Town of Hillsborough that are in effect when the plans and/or drawings are submitted. When there is a conflict between a condition of approval and the development regulations of the town, the condition of approval shall govern. b. The size of the townhome blocks, denoted as Blocks A, B, C, and D on the master plan, and the number of units within them may be adjusted administratively with the Planning Manager’s approval only if the overall acreage and density of the combined townhome blocks are not changed. c. Once construction on the project begins, the developer shall conduct a weekly inspection, as needed, of the erosion control and stream protection measures throughout the development of each phase to ensure that all the devices are working effectively. The developer will notify Town Planning staff and neighbors within 500’ of the development site(s) of the planned inspection schedule. II. Affordable Housing a. Fifteen percent (15%) of the total market rate homes in the development, including the townhomes and multi-family apartment units, shall be affordable to those earning an average of 80% or less of the median income. Median income shall be determined using data from the US Department of Housing and Urban Development for the geographic statistical area in which Hillsborough is located. b. A deed restriction reserving the affordable apartment units for a period of ninety-nine (99) years and requiring annual certification with the town of the number of affordable units shall be recorded before a Zoning Compliance Permit will be issued for the first residential unit. The deed restriction shall require the developer, its successors and/or assigns to certify to the town in writing during the month of July of each year that they comply with the affordability condition as of the date of the certification. c. For the affordable townhome units, the developer shall prepare and submit an affordable housing plan for the review and approval of the Planning Manager. The approved affordable housing plan shall be recorded in conjunction with the plat(s) for the townhome lots and these conditions of approval. The plan shall include the following information at a minimum: i. General information about the nature and scope of the development.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 27 of 33 ii. The total number of market rate units and affordable dwelling units in the development. iii. The number of bedrooms and bathrooms in each affordable dwelling unit. iv. The approximate square footage of each affordable dwelling unit. v. The approximate location of each affordable dwelling unit. d. The affordable units shall be integrated with the market-rate units, and the exterior finishes shall make the affordable units indistinguishable from those that are market-rate. e. Affordable units will be developed in accordance with the following minimum size schedule: Minimum Net Livable Square Footage Number of Bedrooms in Unit Minimum Square Footage Efficiency/studio apartment 500 1 Bedroom 700 2 Bedroom 850 3 Bedroom 1,100 1,200 plus 250 sq. ft. per 4 Bedrooms or more additional bedroom above 4 f. Floor plans for buildings containing affordable units must be submitted for review with zoning compliance permit applications. III. Conservation Easement a. Approximately 12.8 acres along the southern project boundary shall be held in a conservation easement. The easement, shown on sheet MP1.1 of the approved Waterstone South Master Plan set, was mandated by the Orange County Board of Adjustment as part of the modified Special Use Permits for The Woods and Woodsedge on May 8, 2024. The applicant shall record the conservation easement in a form satisfactory to the Town of Hillsborough with the Orange County Register of Deeds within 120 days of annexation by the Town of Hillsborough. The Town of Hillsborough shall hold the conservation easement in perpetuity. IV. Landscaping a. Invasive species are strictly prohibited from landscape designs for the development. All landscape plantings in the development shall be non-invasive, and the developer shall make every effort to use native species when commercially available. V. Multi-modal Transportation a. The locations of the internal streets shown on the master plan are conceptual. Exact street locations will be established during site plan/construction drawing review.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 28 of 33 The developer shall record a public access easement and private maintenance agreement in each phase for all trails labeled “Walking & Bicycle Trail” on the approved Master Plan before the recordation of the final plat for the residential lots for that phase. b. The developer shall pave all trails labeled “Walking & Bicycle Trail” on the approved Master Plan unless a proposed trail is in an environmentally sensitive area (e.g., floodplains; wetlands; slopes exceeding 25%; highly erodible soils), in which case crushed stone or soft surfaces (e.g., natural earth; wood chips) may be used. All trails within the 12.8-acre conservation easement described in Section III above may be made of natural surfaces. The layout of trails shown on the Master Plan is conceptual. Exact trail locations and surfaces will be established during site plan/construction drawing review. c. All trails shall be maintained in perpetuity by the developer, any successors and assigns of the developer, or other acquiring parties. The Town shall not be responsible for trail maintenance. d. The developer shall install a sidewalk network interior to the site that connects with a sidewalk system on the west side of NC 86 S as shown on the Master Plan. e. The developer shall install a painted crosswalk with high-visibility striping and a flashing beacon at E. Scarlett Mountain Road and Storey Lane at the NC 86 S intersections if allowed and approved by the North Carolina Department of Transportation. f. The developer shall install a sidewalk on the east side of NC 86 S connecting to said crosswalk as shown on the Master Plan if allowed and approved by both the North Carolina Department of Transportation and the Orange County School Board. g. The developer shall design all streets designated as public on the Master Plan to NCDOT Subdivision Design Standards and Town of Hillsborough cross-sections as required by the town’s Unified Development Ordinance. This design shall include, but shall not be limited to, the following: radii, vertical curves, storm drainage design, and gutter spread. The design speed will be consistent with current Town of Hillsborough ordinances. Curb and gutter will be required on all streets proposed for town acceptance but will not be required at the taper and turn-lanes at the intersection of NC 86 S and the development’s entrance. h. The developer shall install all off-site improvements recommended by their Traffic Impact Analysis prepared September 19, 2023, and concurred with by NCDOT in its letter dated December 7, 2023. i. The developer shall update the Traffic Impact Analysis prior to the issuance of any Zoning Compliance Permits for Phase 2 to ensure acceptable operation at the various study intersections. If an updated Traffic Impact Analysis projects a Level of Service (LOS) of D or  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 29 of 33 lower at the intersection of Waterstone Parkway and NC 86 S, then the developer shall install a traffic signal at the intersection before the approval of the final Certificate of Occupancy in Phase 2. If signalization has already been installed at Waterstone Parkway and NC 86 S by another developer, the developer of Waterstone South shall not be responsible for signalization at said intersection. j. The applicant will construct a greenway trail within the NCDOT right-of-way from their northern property line to Waterstone Drive conditioned on NCDOT approving the greenway trail. In the event NCDOT approval is not forthcoming by the issuance of the last Certificate of Occupancy in Phase 2 of the community, the applicant will proffer $187,000 for the future acquisition and/or construction of a greenway trail connection adjacent to the community. VI. Phasing a. The Town of Hillsborough will not issue zoning compliance permits for the last 10 (ten) dwelling units in a phase until the developer i. completes, certifies, and submits for town acceptance of all public infrastructure (e.g., sidewalks, streets, trails, greenways, utilities) in said phase, and ii. installs or provides adequate performance security for the installation of all landscaping, street trees, and stormwater conveyances in said phase. b. The development shall be constructed in three phases, with each phase of construction to last no more than three years per phase for a total of nine years of construction: i. Phase 1: 205 townhomes and 10,000 square feet of neighborhood commercial. ii. Phase 2: 225 apartment units and 10,000 square feet of neighborhood commercial. iii. Phase 3: 225 apartment units and 20,000 square feet of neighborhood commercial. c. The developer shall coordinate with staff to create a mutually agreeable schedule for infrastructure improvements, and the developer shall install or provide adequate performance security for said improvements. However, the developer cannot post a performance security for the new sewer pumping station described in Section VII (a) below. The developer must construct this pumping station during Phase 1. d. The medical and general office portion of the development (Blocks H and I as shown on sheet MP1.1 of the approved Waterstone South Master Plan set) is not included in the phasing plan and shall be developed based on market demand as the adjacent UNC Health facility grows.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 30 of 33 VII. Utilities ORDINANCE #20240909-6.A-1 a. As indicated on the approved Master Plan, a new sewer pumping station, associated force main, and all appurtenances shall be constructed by the developer and dedicated to the Town of Hillsborough by the developer after successful completion. The existing gravity sewer to the Woodsedge Back and Nazarene Pumping Stations shall be redirected into this new pumping station located at a site near or in the development as agreed to with the Town of Hillsborough. i. The new gravity sewers and sewer pumping station shall be designed to Town of Hillsborough specifications and details including site layout, drive, fencing, and station features. ii. If the new pumping station is in a conspicuous location, something more than a chain link fence may be required to soften the visual impact of the pumping station. However, no landscaping may be placed within three feet of any piping or fencing. b. The developer shall connect the project water main extension to the town’s existing water distribution system at the general locations shown in the Master Plan. A minimum of two connections is required. i. The new water main shall be of a size and type acceptable to the Town of Hillsborough and designed in accordance with the town’s specifications and details. Final connection points shall be as shown on Exhibit C.1. The minimum size for any main to be dedicated to the town is 8”. c. The developer agrees to accelerate payment of System Development Fees (SDFs) sooner than otherwise provided by statute for each planned phase upon its approval by the town to provide better cash flow for downstream capital improvement projects that are needed and will benefit the project. The SDFs shall be calculated based on the unit bedroom counts for each phase of site plan approval, and site plan approval will not be issued for a phase until the appropriate SDFs are paid. SDFs shall be those in effect at the time of payment. d. The developer shall demolish the existing Nazarene and Woodsedge Back pumping stations to specifications agreed upon with the town and the property owner of Woodsedge Mobile Home Park after the new pumping station is fully certified and operational with redirected flow from these existing pumping stations active with no apparent issues. i. In general, the developer shall carefully salvage all equipment identified by the town as salvageable and provide such equipment to the town.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 31 of 33 ii. The existing stations and force mains shall be flushed out. The station features, if unable to be removed completely, shall be taken to 3 feet below grade. Any voids shall be filled with excavatable flowable fill. iii. The existing station sites shall be graded, seeded, and mulched to establish new ground cover. iv. Water meters for Block H will be released upon completion of the water and sewer infrastructure required to serve the units in Block H and the stub to Worth Street. This infrastructure is shown as magenta in the attached Exhibit C.1. Block H will connect to the Town’s existing sewer that drains to Woods Edge Front Pump Station, and no other blocks of the proposed development will be allowed to connect to the Woods Edge Front Pump Station. The developer shall evaluate the capacity of the Woods Edge Front pump station and make all upgrades needed to serve the proposed development if upgrades are needed to meet the state’s minimum design criteria for pump stations. v. Water meters for Blocks A, B, C, D, E, F and G will be released upon completion of the waterlines shown in orange in Exhibit C.1 as well as the abandonment of the existing Nazarene and Woods Edge Back Pump stations into the new pump station shown in Exhibit C.1. vi. The developer shall make the connections shown in the green circles in Exhibit C.1 to all waterlines in platted Town right-of-way and NC DOT right-of-way. The developer shall make connections to existing Town waterlines on private property at the locations shown with green circles if the Town provides documentation of deeded and platted public utility easements at the proposed connection locations. If the Town does not provide the required easement and plat information by construction drawing approval of the proposed connection, the Town will require only a platted and deeded stub to the edge of the subject development. e. The developer shall enter into a Water and Sewer Extension Contract as typical with the town. This contract shall provide the finer details of the design, permitting, construction and acceptance details. f. The developer shall contribute $250,000 to the cost of upgrading the Elizabeth Brady Pump Station to handle the additional flow generated by the proposed project. This contribution shall be made before the approval of the first site plan for the project and will be used by the town to install upgraded instrumentation, monitoring equipment, and controls.  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 32 of 33 g. By agreeing to the developer’s proffers and pledged water and sewer improvements, the town guarantees capacity for each phase of the project as it comes online in accordance with the phasing schedule in Section V (b).  Sept. 9, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 14, 2024 Page 33 of 33 EXHIBIT C.1 ORDINANCE #20240909-6.A-1