1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, MAY 13, 2019 REGULAR MEETING 6:00 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 Jay Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bett Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Police Chief Percy T. Crutchfield, Planning Director Jeff Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. Mayor Perry said at the end of the last meeting the board agreed to have a worksession from 6-7 tonight and the agenda has it as a part of the regular agenda. She feels it is an integrity issue and r feels we should change the agenda to have a worksession on the Tree Element. Commissioner Foley said they still have things to talk about. Commissioner Fiocco said it was understanding that the intent was some were not up to working through the issue because they wanted to be fresh. He left the meeting thanking it would be on the agenda for discussion. He feels he agenda should be left the way it was presented. Commissioner Bonitz stated not everyone's comments have been addressed. Motion made by Commissioner Bonitz seconded by Commissioner Foley to modify the agenda holding a Tree Element Worksession from 6-7 and add the item to Old Business #1 for further discussion. Vote Aye-4 Baldwin/Bonitz/Farrell/Foley Nay-1 Fiocco WORKSESSION CHATHAM PARK PLANNED DEVELOPMENT DISTRICT - ADDITIONAL ELEMENTS: TREE PROTECTION May 13, 2019 Minutes Page 1 There was a discussion and answer session on the Tree Protection Element from 6: 10-7 pm. Chuck Smith was the representative with Chatham Park that the board addressed comments and concerns to. Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to approve the regular agenda. Vote Aye-5 Nay-0 CONSENT AGENDA Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the consent agenda as submitted. The Consent Agenda contains the following items: 1. Approve Minutes of the April 22, 2019 meeting. 2. Set Public Hearing for CDBG Grant for Building Reuse Grant for EG-GILERO building improvements for May 28, 2019 at 7 :00 pm. 3. Approve Contract with Rives & Associates, LLP for preparation of FY 2018- 2019 Audit. 4. Approve Capital Project Budget Ordinance Amendment for NCDOT Traffic Circle Utility Relocation Costs. 6. Set Public Hearing for Rezoning request (REZ-2018-03) for 196 Hillsboro Street for May 28, 2019 at 7:00 pm. 7. Set Public Hearing for Rezoning request (REZ-2019-03) 2537 US 64 Business West for May 28, 2019 at 7:00 pm. 8. Set Public Hearing for FY 2019-2020 Annual Budget for May 28, 2019 at 7 :00 pm. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE CAPITAL PROJECT BUDGET FOR NCDOT TRAFFIC CIRCLE UTILITY RELOCATION COSTS IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 22 REGULAR MEETING AGENDA CITIZENS' MATTERS Mayor Perry stated citizens signed up to speak on items that are on the agenda tonight. She asked the pleasure of the board. Motion made by Commissioner Farrell seconded by Commissioner Foley that we hear what they have to say with a time limit of three minutes each. May 13, 2019 Minutes Page 2  Vote Aye-5 Nay-0 ' Ron Hatley - 24 Roy Hatley Road - spoke about Pittsboro Heritage as a rural area. Mr. Hatley stated he doesn't understand why the Stormwater Division of the Settlement is not available for I public review. It is password protected. He said he has recently heard Pittsboro referred to as Cary 2.0 and that frightens him. Mr. Hatley stated last Friday a group gout together to speak for tree protection around the courthouse and as people passed by they blew their horns and gave the thumbs up. He said he is not speaking for himself, for the people driving around but for the children in car seats in those vehicles. Elaine Chiosso - 1076 Rock Rest Road - spoke on the Protection of Haw River. Ms. Chiosso wanted to remember Barbara Lorie, who passed last week. Ms. Chiosso said she was a very important person to Pittsboro and Chatham County. Ms. Lorie had regrets at the end of life that she couldn't join this fight for the trees. Ms. Chiosso said when future generations asks she can say she stood up for trees and water. Brooks Rainey Pearson - 4119 Westfield Drive, Durham, NC - Spoke at the Settlement. Lawyer with Southern Environmental Law Center - stated she has never seen anything like the drafted ordinance that doesn't make sense The drafter should redraft the Ordinance so that it is understandable. She spoke about the on-line tracking for stormwater (Settlement Agreement) requiring a user login and password. Wondered why they were hiding information from the I citizens of town. Should be made available for everyone to see. She urged the board to consider that. Maja Kricker- 438 Jeremiah Drive, Chapel Hill - spoke about run off and flooding. Stated she has been experiencing serious flooding from the lake since September. She does not live in Pittsboro. But, this kind of flooding is only going to increase with more hardscape. We need Riparian Buffers, trees, etc. to prevent runoff. Liz Cullington - 390 Rocky Hills - spoke at the Settlement, Planning Board and Small Area Plan. She stated she appreciates what Brooks said, they couldn't be more confusing. The Planning Board met last week and after the meeting she asked why they didn't ask about tree coverage being on a different site, she got four different answers, which were wrong. The Planning Board are getting applications but not updates to the Elements. Therefore, in many respects you don't even have a Planning Board you have a planning staff. Ms. Cullington urged the board to get copies of the Small Area review process. Don't believe you need to pass the agreement tonight- it was written without the board's input up until tonight. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry stated the Board attended a Joint Meeting with Chatham County Board of Commissioners on May 9, 2019. May 13, 2019 Minutes Page 3 Manager Gruesbeck gave an overview of his written update which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 9FB4 E92E-2F63-43 3 l -A87D- 02EC88CB5567} &DE= {A86D370B-EBFB-428A-94CA-E85474 D67A 1F} (Updates 5.13.19) • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco said they are working on 11 Fa9ade Grants (possibly 3 more); Local on Main is Sunday at 5 pm and the art (handrails) will be unveiled Sunday before dinner. • Climate Change • Human Relations Committee • Chatham County Arts Council OLD BUSINESS PITTSBORO ABC UPDATE Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to move the Pittsboro ABC Update ahead of Chatham Park - Tree Elements. Vote Aye-5 Nay-0 Jim Nass, ABC Chair stated sales has once again increased (including mixed beverages). He presented the Mayor a check in the amount of $12,923.00. Commissioner Fiocco thanked him for all his support. CHATHAM PARK-TREE ELEMENT After much discussion Mayor Perry asked that only the board's changes be included in the revised draft or if they have changes to provide a memorandum listing the changes. Chuck Smith said in the past they have submitted a summary and red-lined copy. After much discussion the following was a list of list the Board will like incorporated in the new revised Tree Element: • Increase minimum canopy tree height to 40 feet - with a variety of heights. • Understory trees have a minimum height of 15 feet - with a variety of heights. • 1" caliper be changed to 1 ¼ to be consistent with Landscape. • Add reference list of Canopy and Understory Tree Resources: NC Forest Service, NC and others. • Rewrite TCPA language. • Replacement of perimeter buffer and individual specimen trees. • Change understory tree credit from 2,000 to 1,000. • Where TCA solutions come from besides riparian buffers. May 13, 2019 Minutes Page 4  • Encourage owners to get trees from local growers. Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to take a five minutes break. Vote Aye-5 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to go back into regular session. Vote Aye-5 Nay-0 SEWER ALLOCATION REQUESTS AND SUGGESTED GUIDELINES Elizabeth Goodson, Engineer went over the memorandum submitted with the agenda packet. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={A86D370B-EBFB-428A-94CA-E85474D67A1F} (Sewer Allocation Update 5.13.19 BOC MEMO) Ms. Goodson stated that Chatham Park has said their request for Mosaic Area A Infrastructure Plans (24,000 gpd) can wait until their site plan is submitted in the fall. Commissioner Bonitz felt we should have some type of prioritization on how the allocations are approved - such as the impact on town coffers. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to authorize sewer allocation up to 110% of plant capacity and to continue working on an allocation policy to be brought back for review at the first meeting in June. Vote Aye-5 Nay-0 A motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve sewer allocation for: 1. The town has received the request for sewer allocation with the site plan submittal of the 893 East St Retail Site Plan for 584 gpd. Staff recommends consideration of this request with their project at the appropriate time on the agenda. 2. The town has received the request for sewer allocation with the site plan submittal of the Chatham Park's Section 5 Information Center Site Plan for 300 gpd. Staff recommends consideration of this request with their project at the appropriate time on the agenda. 3. The town has received the request for sewer allocation with the Zoning Compliance submittal of Main Street Station - Salon Fit-up at 287 East St, Bldg. 200 for 825 gpd. Vote Aye-5 Nay-0 Action recommended: Review and provide direction. ZONING TEXT AMENDMENT (ZTA-2019-02) FOR DOWNTOWN OVERLAY DISTRICT SETBACKS May 13, 2019 Minutes Page 5 Planner II Victoria Bailiff stated The Town of Pittsboro Board of Commissioners is requesting an amendment to the Downtown Overlay District in Section 5.9 of the Pittsboro Zoning Ordinance. The Board is requesting that language be added to the Ordinance to create a front yard and comer side yard setback requirement of Ofeet on those properties within the District which are used or zoned for Non-Residential and are located adjacent to, or across the street from properties zoned C-4. The Planning Board recommended approval of the proposed text amendment on May 6, 2019 with a vote of 5-0. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve A Resolution Adopting A Consistency Statement For an Amendment to the Zoning Ordinance of the Town of Pittsboro -Downtown Overlay District Setbacks-ZTA-2019-02. Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO - Downtown Overlay District Setbacks-ZTA-2019-02 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 61 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve An Ordinance Amending the Zoning Ordinance of the Town of Pittsboro -ZTA-2019-02. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO - DOWNTOWN OVERLAY DISTRICT SETBACKS (ZTA-2019-02) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 23-24 ANNEXATION REQUEST (A-2019-01) SECTION 5 CHATHAM PARK WAY Planner II Victoria Bailiff stated that Chatham Park Investors LLC has submitted a petition to annex 17.601 acres (Parcel 70101). A public hearing was held on April 22, 2019. Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve the annexation report (A-2019-01) Section 5 Chatham Park Way. Vote Aye-5 Nay-0 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF PITTSBORO, NORTH CAROLINA IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 25-29 ZONING TEXT AMENDMENT (ZTA-2019-01) FOR MUSIC STUDIOS Victoria Bailiff, Planner II reported that Luke McMahan is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently the table of May 13, 2019 Minutes Page 6  uses allows Vocational businesses, secretarial schools, and music or dance studios by right in Zoning districts Cl, C2, C4, Ml, M2, MUPD, and by Special Use Permit in districts 0-I and R- A. The applicant is requesting that this set of uses also be allowed by Special Use Permit in zoning district R-A2. A public hearing was held on April 22, 2019; there were three speakers who chose to vocalize their opinions on the amendment, one of which was the applicant who expanded upon his written request for the amendment and the other two chose to vocalize their support of the amendment. The Planning Board recommended to approve (5-0) this proposed text amendment at its meeting on May 6, 2019. Commissioner Foley asked about the Noise Ordinance being enforced. Attorney Messick said the Town Noise Ordinance does not apply in the ETJ. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Consistency Statement - Music Studios-ZTA-2019-01. Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO - MUSIC STUDIOS- ZTA-2019-01 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 6 I Motion made by Commissioner Fiocco seconded by Commissioner Benitz to approve an Ordinance Amending the Zoning Ordinance ZTA-2019-01 - Music Studios. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO -MUSIC STUDIOS- ZTA-2019-01 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 30-31 NEW BUSINESS SITE PLAN REVIEW (SP-2018-05) RETAIL AT 893 EAST STREET Victoria Bailiff, Planner II reported this proposal is being presented to the Board of Commissioners as a Site Plan for approval. The plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to construct a 5,834 square foot single story structure to be used for general retail. The parking lot for this structure is proposed to be connected to the parking lot for the office building to the west; and while the lots will be connected, this site meets the parking requirements of the zoning ordinance, no shared parking is required. Staff recommends approval of the proposed site plan, subject to issuance of any additional local and state permits. The Planning Board has recommended approval of this site plan. The Board had questions regarding drainage across the site and the cross-access easement, ultimately, they found the plans to be satisfactory and recommended approval in a vote of 5-0. May 13, 2019 Minutes Page 7 Commissioner Bonitz said he had a question about the sidewalk out front. Mark Ashness, CE Group said they are providing a sidewalk across the property. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve SP- 2018-015 - 893 East Street Retail. Vote Aye-5 Nay-0 SITE PLAN IS ON FILE IN THE PLANNING OFFICE SITE PLAN REVIEW (SP-2018-06) SECTION 5 INFORMATION CENTER Victoria Bailiff, Planner II stated the plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to use the site as a 3,500 square foot of office space. The site is located just south of the recently constructed Chatham Park Way Bridge, directly across from the ramp to the US 64 Bypass. Staff recommends approval of the proposed site plan, subject to issuance of any additional local and state permits. The Planning Board has recommended approval of this site plan. The Board posed questions regarding the possibility of lighting along the roof line, the adequacy of parking, and the location of the open space provided, ultimately, they found the plans to be satisfactory and recommended approval in a vote of 5-0. Elizabeth Goodson, Town Engineer said this is the first project coming before the Board since the Stormwater Element was approved. Hunter Freeman was present and shared a presentation to provide a refresher about the components of this process. Commissioner Bonitz mentioned that EV Stations have to be handicapped accessible. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve SP-2018- 06 - CP Section 5 Information Center. Vote Aye-5 Nay-0 SITE PLAN ON FILE IN THE PLANNING OFFICE SETTLEMENT AGREEMENT WITH DIVISION OF WATER RESOURCES (DWR) AND CHATHAM PARK INVESTORS (CPI) Attorney Messick gave an overview of the letter he sent with the agenda packet. A copy of the letter and agreement can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- May 13, 2019 Minutes Page 8 02EC88CB5567}&DE={A86D370B-EBFB-428A-94CA-E85474D67A1F} (Agreement Final psmjr (5.9.19 & Settlement Summary Letter DWR CPI 5-9-19) Mayor Perry asked about "protection by password" that was mentioned during citizens' matter. Attorney Messick said it becomes a public record as soon as it hits Elizabeth's desk. Commissioner Foley said she has not read the whole thing yet. Attorney Messick said it is important to pass it tonight. Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve the Settlement Agreement. Commissioner Bonitz said he has had constituents say there hasn't been adequate time for review over the Mother's Day weekend. He asked if Planning Staff has reviewed the agreement -Mr. Jones and Ms. Goodson said they have been involved in the process. Attorney Messick said there are two changes to the agreement that they received Thursday: Add: Send Notice to DEMLR - S. Daniel Smith with his address and email address and the 9th whereas reads "(i) intends to seek". Commissioner Bonitz said he don't think policy decisions should be made without Board input, that's why he requested a closed session to discuss litigation. He would be happy to vote on it at the next meeting but not tonight. Vote Aye-3 Baldwin/Farrell/Fiocco Nay-2 Bonitz/Foley Commissioner Bonitz asked what we can do about the closed session that wasn't on the agenda tonight. Mayor Perry asked would he like it on the next agenda. Commissioner Bonitz said yes. Mayor Perry said the closed session will be on the next agenda to discuss litigation. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Fiocco asked that a statement of findings be included with planning items to the Board of Commissioners. Commissioner Bonitz said in addition to the closed session he would like the Traffic Calming Policy and the evacuation route for Powell Place on the next agenda. ADJOURNMENT Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to adjourn at 11 :55 p.m. May 13, 2019 Minutes Page 9  Vote Aye-5 Nay-0 ~ cfus: li.~oL Perry, Mayor ATTEST: ~ d ~ A~loyd, CMC, Nci:rc ~ J- Town Clerk May 13, 2019 Minutes Page 10