1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 8, 2019 7:00 PM Mayor Cindy S. Perry called the meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bert Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Chief of Police Percy Crutchfield, Planning Director Jeff Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. I Commissioner Fiocco wanted to move the Special Events Ordinance to Old Business #1. The Board agreed. Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the regular meeting agenda as submitted moving Old Business Item #4 to Old Business #1. Vote Aye-5 Nay-0 CONSENT AGENDA Commissioner Fiocco made the following corrections to the minutes: • Pg. 5, 5th paragraph under PARKS AND RECREATION MASTER PLAN, 3rd line: please insert the word "not" between "has" and "read" to read "has not read" • Pg. 5, 6th paragraph under PARKS AND RECREATION MASTER PLAN, add "make legibility difficult" to the end of the sentence. Motion was made by Commissioner Foley seconded by Commissioner Fiocco to approve the consent agenda as submitted with the changes to the March 25, 2019 minutes listed above. The Consent Agenda contains the following items: 1. Approve Minutes of the March 25, 2019 meeting. (with changes listed above) 2. Set Public Hearing for Community Development Block Grant (CDBG) for Economic Development Building Reuse application for improvements to EG- GILERO facility on Hanks Street for April 22, 2019 at 7:00 p.m. April 8, 2019 Minutes Page 1 3. Approve Memorandum of Participation for Separation Allowance Benefit. 4. Set Evidentiary Hearing for Special Land Use request (SUP-2019-01) for a proposed communication tower at Mitchells Chapel Road and Alston Horton Service Road for April 22, 2019 at 7:00 p.m. 5. Set Public Hearing for Zoning Text Amendment (ZTA-2019-01) for a proposed music studio in RA-2 Zoning District for April 22, 2019 at 7:00 p.m. 6. Set Public Hearing for Zoning Text Amendment (ZTA-2019-02) for Downtown Overlay District setbacks for April 22, 2019 at 7 :00 p.m. 7. Set Public Hearing for Annexation request (A-2019-01) for April 22, 2019 at 7:00 p.m. and authorize Town Clerk to determine sufficiency of annexation application. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Charlie Perkins - 262 May Farm Road - Proposed Concrete Batch Plant - Mr. Perkins asked that the Board consider working with them and require a larger buffer or possibly ask the developer to place the plant somewhere on the other 190 acres they own and not the 10 acres that are adjacent to the homes. Jan Burger- PO Box 161, Bynum, NC - Mosaic Salaries - stated Commissioner Bonitz has handled out some papers that his neighbor David had done research on regarding salaries within Mosaic. Suzanne Davis - 446 May Farm Road - Cement Plant - read a statement in opposition to the concrete plant being placed near her home. Ed Fowler- 86 Windsong Road- Cement Plant- Mr. Fowler read and submitted a petition of residents in opposition to the proposed Concrete Batch Plant it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={22F0A780-4 792-45F4-936F-21 B823A3480D} (Petition - Concrete Plant 040819) along with (handout from Ed Fowler 040819). Mr. Fowler also asked about getting help from the Town to schedule a meeting with the developer to talk with them to see if they would consider moving the location of the proposed cement plant. They also wanted the definition of M-2. Gerald Featherstone - 117 Penna - stated he lives just outside of the ETJ. People like the shade that trees bring that is one of the reasons they moved to rural Chatham County. We need to keep a good canopy of trees. John Wagner - 210 Jessamine Lane - document submitted for the record can be found at: https://pittsboronc. gov/index.asp?Type= B BASIC&SEC= {9FB4 E92E-2F63-4331-A87D- April 8, 2019 Minutes Page 2 02EC88CB5567} &DE={22F0A 780-4 792-45F4-936F-21 B823A3480D} (John Wagner submittal 040819) Glenn Crissman-236 May Farm Road- Concrete Plant- stated when they were looking for a second home in 2010 and walked around the back and saw the undisturbed woods they were sold. Once they saw that it didn't look like they were in town any more with the undisturbed wood and animals in the backyard. He is worried with the proposed concrete plant that all of that might be ruined. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry said she placed two resolutions at the Commissioners desk tonight and asked that they study them for the next meeting. Mayor Perry asked that the Resolutions be placed on the next agenda. Commissioner Farrell thanked Jeff and staff for working with residents of Potterstone Village and asked that they schedule the meeting with the developer and residents. Mr. Jones said if that is the wishes of the Board he would be glad to do so. Motion was made by Commissioner Bonitz seconded by Commissioner Foley to authorized Jeff Jones to schedule a meeting between the developer and residents of Potterstone Village. Vote Aye-5 Nay-0 Manager Gruesbeck gave an overview of the update included in the agenda packet which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={22F0A 780-4 792-45F4-936F-21 B823A3480D} (Updates 04.08.19) After discussion a worksession was scheduled for April 17, 2019 at 6 p.m. at Town Hall to meet with Hobbs for discussion on New Town Hall. • EDC - Commissioner Fiocco stated EDC meeting is tomorrow. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin stated she attended a Chatham County Affordable Housing Meeting last week. She stated the meetings are open to the public, invited everyone to attend and voice your thoughts/concerns on the first Thursday of each month at the Ag Center. • Main Street - Commissioner Fiocco said they have three fac;ade grants in the work. The Handrails are back up (lacking the art - which should be installed by the May event) and they are continuing to work on Downtown Improvement Plan. He wanted to thank Public Works for installing the recycling bins they are very heavy. • Climate Change • Human Relations Committee • Chatham County Arts Council- Commissioner Foley stated Clyde Fest was held over the weekend and there was a great tum out and was a positive event for Chatham County. April 8, 2019 Minutes Page 3  NEW BUSINESS PRELIMINARY SUBDIVISION PLAT REVIEW SUB-2018-05 CEDAR LANE Victoria Bailiff reported that the plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to subdivide 5.97 acres into 6 lots with an average lot size of 41,150 square feet. This subdivision be composed of detached single-family residences, one of which has already been permitted and is under construction. EXEMPTION REQUESTS: The developer is requesting two exemptions from the Town of Pittsboro Subdivision Regulations, which may be granted by the Town Board of Commissioners upon recommendation of the Planning Board. 1. The Town Subdivision Regulations (6.2.B.8) state that sidewalks should line both sides of the street; the developer is proposing no sidewalks in this subdivision and is requesting that the Town grant an exemption and accept a fee in lieu. 2. Town Subdivision Regulations (6.2.C.7) require curb and gutter along all streets unless an exemption is granted by the Town Board. The developer is requesting an exemption from this requirement. PLANNING BOARD RECOMMEND ACTION: This subdivision plat was reviewed by the Planning Board at their meeting on April 1, 2019. The Board posed questions regarding the suitability of the existing section of Cedar Lane and the possibility of further development in the back of lots 3 and 4. In a vote of 6-0, the Board recommended approval of the plat with the exemption requests. STAFF RECOMMENDATION: Staff is recommending approval of the preliminary plat and the exemption requests. There was discussion about connectivity. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the preliminary plat and the exemption requests and that water and sewer easements be given extra greenway rights. Vote Aye-5 Nay-0 PRELIMINARY PLAT SUB-2018-05 IS ON FILE IN THE PLANNING OFFICE OLD BUSINESS ORDINANCE REGULATING SPECIAL EVENTS IN THE TOWN OF PITTSBORO April 8, 2019 Minutes Page 4  Manager Gruesbeck reported that as a result of the discussion at the last meeting, the board wished to add language to the Ordinance to allow First Sunday - an event that is scheduled I multiple times over the course of the year - to apply one time for the entire calendar year, rather than multiple times. I The Board also suggested the addition of language that allows Special Events to occur throughout the geographical Main Street boundary, rather than be limited to Hillsboro Street as well as allowing spirits if served/consumed as part of a "tasting". All of those items are included in the Ordinance before the Board tonight. Commissioner Fiocco said he had a few modifications - 9 (a) change sale to read "tasting or sale" and for the area "Main Street Area Boundary". He would like to strike 10 (c) completely. Commissioner Bonitz said he heard over the weekend discussion about prohibiting glass during the events. There was a discussion. Commissioner Farrell said he through we needed to stay with using plastic. Commissioner Baldwin said to change 9 (b)(3) to read: Alcoholic beverages may be served to consumers in glass, paper or plastic containers and in containers no larger than 16 fluid ounces. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve with modifications made by Commissioner Fiocco and Commissioner Baldwin above. I Vote Aye-5 Nay-0 AN ORDINANCE REGULATING SPECIAL EVENTS IN THE TOWN OF PITTSBORO IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 9-15 CHATHAM PARK PLANNED DEVELOPMENT DISTRICT - ADDITIONAL ELEMENTS: TREE PROTECTION Planning Director Jeff Jones stated that Chatham Park has requested that this be on the agenda so that they could receive input from the Board. After discussions the following changes were requested: Section 10 - reduce credit from 200 to 150. Respect area around the tree (drip line area). Protection of the root zone. Page 6-Table 2- change 10% to 12% Within the 2,000 buffer area along the Haw River - that there will be a greater tree protection within that area. There was comparison between what's proposed and Durham's ordinance. April 8, 2019 Minutes Page 5 Commissioner Fiocco said he thinks Chatham Park is an exceptional Project because the Board has put things in place to make it exceptional. Mr. Smith said they have been keeping up with the items that were discussed during earlier meetings and they will be considered for the next redlined document. REZONING REQUEST (REZ-2019-02) FOR 196 CHATHAM BUSINESS DRIVE FROM C-2 (HIGHWAY COMMERCIAL) TO 0-1 (CZ) (OFFICE AND INSTITUTIONAL CONDITIONAL ZONING DISTRICT) Planner II Victoria Bailiff reported that Third Wave Housing is proposing to rezone approximately 3.406 acres located at 196 Chatham Business Drive (parcel 80091), from C-2 (Highway Commercial) to 0-1 (CZ) (Office and Institutional Conditional Zoning District). Conditional Zoning Districts (Zoning Ordinance Section 10.7) Conditional Zoning Districts are primarily intended to allow for the zoning and development of property in accordance with general use zoning district standards and additional conditions that enable the use and development to fit better with the site and neighboring properties. All applications must include an exhibit map/schematic plan drawn to scale and supporting text which will become a part of the ordinance amendment. In approving a reclassification of property to a conditional zoning district, the Town Board of Commissioners may request that reasonable and appropriate conditions be attached to approval of the rezoning. Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater, the provision of open space, and other matters that the Town Board of Commissioners may find appropriate or the applicant may propose. No condition on a conditional zoning district application may have the effect of removing or amending any requirement of this ordinance. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Consistency Statement for REZ-2019-02. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve an Ordinance Amending the Zoning Ordinance of the Town of Pittsboro - 196 Chatham Business Drive (Chatham Business Park, LLC Property) REZ-2019-02 with the conditions that the project must meet the affordable housing definition to qualify for either 4% or 9% low-income housing tax credit financing. The developer shall record a Land Use Restriction Agreement ("LURA") prior to issuance of any certificate of occupancy providing that occupants shall be eligible under the IRC Statue 42 Low Income Tax Program. This condition shall remain in place for 30 years after the date of Certificate of Occupancy and that a public sidewalk along Chatham Business Dr. shall be incorporated in the Site Plan and installed to Town standards or a fee in lieu must be paid before a certificate of occupancy is issued. April 8, 2019 Minutes Page 6  Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO 196 CHATHAM BUSINESS DRIVE (CHATHAM BUSINESS PARK, LLC PROPERTY) REZ-2019-02 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE45 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO 196 CHATHAM BUSINESS DRIVE (CHATHAM BUSINESS PARK, LLC PROPERTY) REZ-2019-02 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 16-18 Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the sewer allocation of 10,440 gpd for 12 months. Vote Aye-5 Nay-0 Commissioner Farrell asked if the greenway could be connected to MLK. They said they would look at that they do promote walkability. EXTENSION REQUEST FOR MILL SOUTH TOWN HOMES (SUB-2017-04) Jeff Jones, Planning Director reported that The Mill South Townhome project was approved by the Town Board of Commissioners on April 9, 2018. This approval was good for 1 year. The r project has experienced some delays and cannot be built within the one year time limit. The applicant is requesting a one year extension to the approval. Section 15.5 of the Pittsboro Zoning Ordinance gives the applicant the ability to request a one-year extension. Mr. Jones said he has spoken with the applicant and he is willing (he has it in writing) to take a one year extension on the site plan without the sewer allocation for one year. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve SUB- 2017-04 MILL SOUTH TOWN HOMES one year extension. Vote Aye-5 Nay-0 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Bonitz said a resident on Oakwood Drive had spoken to him about concerns at a street light on her street, she and the other residents on the street would like to have a letter sent to Duke Energy to have the street light removed. Manager Gruesbeck said they have not heard from any of the neighbors, but he will check into it. April 8, 2019 Minutes Page 7 Commissioner Bonitz asked about the evacuation route in Powell Place. Mr. Jones said he has spoken with one of the owners of the mobile home park. Attorney Messick said the property is outside of town and we do not have authority to get an easement which would allow it to be used by the public. Staff is to continue to look into an evacuation exit for Powell Place. Commissioner Bonitz asked the Board if they received the email he sent reference SB367 which would take away more authority from local governments. The Board said they are not in favor of diminishing local authority. Commissioner Fiocco said he would like to see us make an investment in the Capital Improvement Fund to do some wastewater inflow/infiltration work. It is the most cost effective way to increase Pittsboro' s sewer capacity. ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Fiocco to adjourn at 10:25 p.m. Vote Aye-5 Nay-0 ATTEST: A~~C~ Town Clerk April 8, 2019 Minutes Page 8