1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 26, 2021 7:00 PM Members Present (Virtual): Mayor James Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Jay Farrell, Commissioner Michael Fiocco and Commissioner Kyle Shipp. Staff Present (Virtual): Town Manager Chris Kennedy, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Town Clerk Cassandra Bullock, Interim Planning Director Theresa Thompson, Planner 1 Kayleigh Mielenz, Director of Engineering Kent Jackson. Call to Order - Mayor Nass Mayor Nass called the meeting to order at 7:00pm. Invocation - Moment of Silence Mayor Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Farrell. Adoption of the Agenda Town Manager Chris Kennedy offered two adjustments to the Regular Agenda, the first adding a Closed Session at the end of the Regular Meeting, and second, removing Old Business Item# 2 to allow the applicant to continue working with staff and to take up this item at the May 10, 2021 Regular Meeting of the Board. Commissioner Shipp made a motion to approve the Agenda as recommended for amendment by the Town Manager, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed . Proclamation Declaring April 30, 2021, as Arbor Day in the Town of Pittsboro Lu Crossman and Jeanne Pitts with Girl Scouts Troop 1024 spoke about the desire to have an Arbor Day celebration and their plan to plant trees as part of that celebration. The Board was pleased with the Girl Scouts Troop 1024's plan and the Board expressed its support of an Arbor Day in 2021. Mayor Pro Tern Baldwin made a motion to approve the Proclamation, seconded by Commissioner Shipp . Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy mentioned the introduction of a QR Code on the Town's agendas that serves as link to the Town's website as a new feature to allow the public to scan the code to directly access the agenda materials and staff reports on that agenda. Town Manager Kennedy also mentioned that Board of Commissioner meetings are now also being livestreamed to YouTube . Town Manager Kennedy stated that the Town's proposed annual budget for Fiscal Year 2021-22 would be uploaded to the Town website this week and that the first budget hearing will be on May 10, 2021 at the Board' s Regular Meeting. Town Manager Kennedy advised that the Town hired a new employee, Mr. Cashual Lynch as a Senior Construction Inspector. Town Manager Kennedy announced that the NCDOT downtown traffic circle project will be closing the northern portion of the traffic circle for night work starting Thursday at 7:00pm for one night. 2 Town Manager Kennedy provided an update regarding the decennial census , and that the results have North Carolina gaining one additional congressional seat, our 14 th seat. Town Manager Kennedy provided on overview of the Town's latest action regarding water quality improvement projects that included the following details. Town Manager Kennedy stated that at the January 11, 2021 Regular Meeting of the Board, the Board received the final report from COM Smith for our advanced treatment pilot study . Then, based upon those pilot study findings, at the February 8, 2021 Regular Meeting of the Board, the Board approved a $1.2 million budget amendment and appropriation toward a "Fast-Track GAC" project. Of that $1.2 million, $800,000 is for the purchase of GAC vessels and GAC media. The remaining $400,000 is to go toward the engineering design. Next, on February 22 . 2021 at the Board's Regular Meeting, the Board approved a $70,000 appropriation to the Town's relationship with the Western Intake Partnership where the Town is in a cost sharing agreement with Durham, Chatham County and OW ASA. At the February 22 , 2021 Regular Meeting, the Board also approved the criteria for a Design Build project which allows us to issue a RFQ (Request for Qualifications) and deliver the project in a more expedient manner. Shortly thereafter, the Town issued the RFQ. Town Manager Kennedy then stated that on April 5, 2021 he submitted a request as part of the federal earmark Community Project Funding opportunity to Congressman Price's office. In this request, the Town requested funding for the full implementation of the advanced treatment projects at the water treatment plant with a request for $7.3 million of what is expected to be a $10 million project. 2. Mayor Updates Mayor Nass expressed his desire for the Board to return to in-person meetings after a successful in-person budget retreat with the Board. A Board discussion ensued regarding the Board's potential return to in-person meetings. 3. Commissioner Updates • Boys & Girls Club Commissioner Shipp announced that the Pittsboro Boys & Girls Club received a $10,000 dollar funding match from a local business to go towards the founding campaign necessary to open the Club. Commissioner Shipp added that on Saturday the Pittsboro Boys & Girls Club will be at the Kiwanis Park to hold a Community Celebration from l:00pm-5:00pm , free of charge. • Chatham County Arts Council Commissioner Shipp stated that the Chatham County Arts Council had a new grant program for artists and that the Chatham County Arts Council intends to hold an art show in the fall. • Chatham County Economic Development Corporation (EDC) Commissioner Fiocco advised that he and Commissioner Shipp attended the EDC Seminar late last week and that Greg Lewis the new Chair of the EDC Board. • Climate Change Commissioner Bonitz mentioned a presentation on regenerative agriculture for climate change and discussed the benefits of tree retention in Pittsboro. • Downtown • Fairground Association • Human Relations Committee • Main Street Pittsboro (MSPBO) 3  • Parks and Recreation Advisory Board (PARAB) • Pittsboro Business Association (PBA) • Triangle Area Rural Planning Organization (T ARPO) • Triangle J Council of Governments (TJCOG) • Other CITIZEN MATTERS 1. Public Comment Dr. Jessica Merricks, a private citizen and co-founder of Clean Haw River, who desires increased water quality updates from the Town, additional short-term measures for water quality improvements, if the Town will unite with Clean Haw River against Burlington, Reidsville and Greensboro to seek repayment and accountability for our advanced treatment measures, and whether the Town intends to work with Chatham County Schools for access to clean water for our students. Dr. Jennifer Platt, spoke about her desire for increased affordable housing opportunities and shared that she is happy to see the Town taking steps towards action for more affordable housing in Pittsboro. CONSENT AGENDA 1. Town of Pittsboro Financial Reports by Month - March 2021. 2. Set Public Hearing for A-2021-01 Chatham Park Village District 6.2. 3. Set Public Hearing for Annual Budget for Fiscal Year 2021-22 Public Hearing #1. 4. Ordinance Amending the Town of Pittsboro System Development Fee (SDF) Ordinance. 5. License Agreement between the Town of Pittsboro and the Pittsboro Youth Theater, LLC 6. Town Hall Interim Financing Attorney Services Agreement. 7. USDA Rural Development Legal Services Agreement. End of Consent Agenda . Commissioner Fiocco has requested that we move item # 5 from the Consent Agenda and place it under New Business item# 1. Commissioner Shipp made a motion to pull item # 5 License Agreement between the Town of Pittsboro and the Pittsboro Youth Theater, LLC from the Consent Agenda and move it to item# 1 in New Business, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye 4 Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. PUBLIC HEARINGS Commissioner Fiocco made a motion to go into Public Hearing , seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 1. Rezoning- REZ-2021-01 Chatham Park Section 5.3 Master Plan Revision Interim Planning Director Theresa Thompson presented the staff report for REZ-2021-01. Ms. Thompson stated that the applicant, Chatham Park Investors, LLC, was proposing an amendment to the Chatham Park Planned Development District Master Plan and that the amendment request seeks to revise the Table of Permitted Uses for a portion of Section 5 .3 of Chatham Park including three (3) parcels (PID 94290, 61066, (73236) located on Eubanks Road adjacent to the intersections with US Highway 64 Business East and US Highway 64 Bypass (not including PID 92655 where the Chatham Park Water Recovery Center is located) . Commissioner Fiocco wanted to confirm there are only (2) parcels being considered instead of (3) as listed. Interim Planning Director Theresa Thompson confirmed that was correct and stated that she will work with the applicant to make that clearer before this item goes to the Planning Board for review. Discussion ensued about the boundaries of this rezoning request and the applicable property, including discussion of whether this rezoning permits the expansion of the current Chatham Park Water Recovery Center. Chuck Smith, on behalf of Chatham Park Investors, stated the parcels in this request have wastewater treatment facilities as a permissible land use, so the approval of this request would not affect future expansion of the Chatham Park Water Recovery Center. 5 Commissioner Shipp expressed concerns over the title of "Research and Development" when the uses are primarily storage and industrial. Public Comment: Liz Cullington, 390 Rocky Hills Road, Pittsboro, NC 27312 The Board and Planning Board need to be provided with a list of all the currently allowed uses in this specific Section that were approved as part of the Master Plan . The Table of Uses for all of Chatham Park is extremely difficult to deal with and I do not believe all these uses were ever discussed by the full Board during that approval process. The applicant rather than town planning staff should provide that list. This section was one of the few promoted as for "Research and Development" in the Master Plan though there was no requirement that land be held open for such uses. The latest Small Area Plan describes this section being "developed for non-residential uses such as office and flex space , wholesale trade, warehouses and utilities, and manufacturing and light industrial." Not quite the research and development focus the Board was promised, though the original Land Uses Table already revealed that this space could be used in many other ways. Chatham Park Investors now envisage initial development in that area as somewhat random one-story businesses that would provide probably fewer jobs and lower tax revenue than expected. The developers may talk about subsequent redevelopment but a client wanting to come in to build a larger facility , whether one or eight stories high is going to be more interested in a greenfield site. The Town Board has had to deal with all the additional issues and costs involved with the new Town Hall site, and Greg Stafford spoke to the Board about those he is dealing with re-developing the SoCo site on the circle. In addition, if lots there are sold rather than leased, it wouldn't be Chatham Park redeveloping the site. I personally believe the Board should revisit the list of uses already approved, and possibly narrow it down as the price of adding any more. The only proposed additional use that would be significantly beneficial to the Town budget and residents might be "automobile sales" (i.e . Car dealerships). These could fill a need and, more importantly, provide sales tax revenue to the Town on big-ticket items, with not a huge demand for services, nor a lot of extra rooftops to support them as they don't depend on purely local customers . One or more larger car dealership sites might be more easy to redevelop in future, with more limited utilities, compared to a number of smaller business buildings that might not all be available at the same time. There is not a demand for new large office buildings at present, but the Board could consider requiring some larger areas reserved in this section for future opportunities. Interim Planning Director Theresa Thompson offered a response to Ms . Cullington's comments. Chuck Smith , on behalf of Chatham Park Investors, responded to Ms. Cullington's and Ms . Thompson's comments 6 Additional discussion ensued amongst the Board about the table of permitted land uses and future functionality and usability of the proposal. Commissioner Bonitz asked the applicant to reconsider the permissibility of funeral home and crematory operations . Chuck Smith, on behalf of Chatham Park Investors, responded stating that they would be welcome to those adjustments but did not propose such with this Rezoning application since it was approved in the original master plan approval. Commissioner Bonitz agreed that it could be settled at a later date. Commissioner Farrell made a motion to close the Public Hearing, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 2. Special Use Permit - SUP-2020-03 Green Beagle Kennel Commissioner Fiocco made a motion to open Public Hearing, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Mayor Nass provided an overview of the quasi-judicial process and asked the Town Clerk to administer the oath to anyone wishing to speak during the public hearing. Town Clerk Cassandra Bullock administered to the oath to staff members Interim Planning Director Theresa Thompson and Town Manager Chris Kennedy and to applicant representatives David Schmidt, Jeff Foster, and Drew Pumer. 7 Mayor Nass asked for any conflicts of interest, ex parte communication, or other conflicts . No conflicts were identified. Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request from GBL Property II, LLC, for a Special Use Permit for a commercial kennel, accessory pet daycare, grooming, and dog training, to be located on approximately 16.45 acres parcel (PIO 0007308) located on Eubanks Road, adjacent to and north of US Highway 64 East Bypass. Ms. Thompson also mentioned that the applicant, Green Beagle Lodge, is requesting a vested rights period of five (5) years to complete the second phase. Commissioner Fiocco asked what is the significance of a five (5) year completion period for construction. Interim Planning Director Theresa Thompson replied that the Town can grant two - five (2-5) years for a vesting period and that the applicant had requested five (5) years. Commissioner Farrell asked if this project would be considered a satellite annexation. Interim Planning Director Theresa Thompson responded yes . Commissioner Fiocco mentioned that the application conditions state the applicant agreed to petition for annexation once public water and sewer becomes available, at which time the project will also tap onto public water and sewer. Commissioner Bonitz asked about proposed Condition #6 and how the Town can enforce these conditions if the property has a different owner in the future. Interim Planning Director Theresa Thompson responded that the conditions run with the property and not with the property owners . Attorney Paul Messick advised any ordinance the Board adopts pertaining to the Special Use permit would be recorded with the Register of Deeds office and the Town would be able to enforce any of these conditions with the new owner and compel compliance. Town Manager Chris Kennedy expressed a desire to strengthen the language for Condition #6 to read as follows "In the event that public sewer is made available to this parcel, GBL shall petition to be annexed and to make the transition from the septic system to a connection to the public water and sewer system at no cost of the Town ." Jeff Foster, on behalf of the applicant, presented to the Board regarding the proposed Green Beagle Lodge. Mr. Foster presented a PowerPoint and discussed phase 1, phase 2, the landscaping plan and plans for utilities. Mr. Foster also addressed the NCDOT requirements for road paving and stated that the applicant will perform all requirements that NCDOT imposes. The applicant is not aware of the NCDOT requiring paving at this time, but is willing to pave if NCDOT requires that. Mr. Foster also stated that Duke Energy has provided verbal consent, still awaiting written consent, for the project to cross Duke Energy ' s easement across the subject property. Mr. Foster stated that 8 septic soils report had been updated and a crossing is not likely necessary and expressed the applicant' s desire for public utilities in the future. Commissioner Bonitz asked if the initial septic field would require pumping. Jeff Foster responded yes. Jeff Foster shared a video on behalf of Green Beagle Lodge. David Schmidt, one of the owners of Green Beagle Lodge, addressed the Board and explained the vision of the project. Commissioner Farrell asked if Green Beagle Lodge provided any veterinary services . David Schmidt, on behalf of Green Beagle Lodge, responded no. The staff report from Interim Planning Director Theresa Thompson entered into the record as Exhibit A and the video from Green Beagle Lodge as Exhibit B. Commissioner Fiocco requested a clean-up of the condition language pertaining to the five (5) years related to phasing. Mayor Pro Tern inquired about the number of dog runs proposed at this facility. David Schmidt, on behalf of Green Beagle Lodge, stated 140 dog runs. Commissioner Fiocco made a motion to close the Public Hearing, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 3. Zoning Text Amendment - ZTA-2021-03 - Town of Pittsboro Unified Development Ordinance (UDO) Commissioner Fiocco made a motion to go into Public Hearing, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 9 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request for the Town's adoption of the Town of Pittsboro Unified Development Ordinance (UDO). Ms. Thompson also provided a summary of changes since December 14, 2020. Public Comment: Attorney T.C. Morphis , Jr from the Brough Law Firm, PLLC on behalf of Mr. Bill and Ms. Cheryl Hamlet, advised his clients will submit a written letter with UDO comments that will be forwarded to the Board of Commissioners. Mayor Nass stated the Liz Cullington requested that her written comments submitted to the Board via email be entered into record without formally being read into the record . Public Comment: Liz Cullington, 390 Rocky Hills Road, Pittsboro, NC 27312 Section 2.6 OVERLAY DISTRICTS (p.53) 1) The two watershed overlay districts have been renamed to WCAO and WPAO and in the text there's no reference to the area they cover, nor to the underlying basis, the state- designated WSN-CA and WSIV-PA watersheds. It would be helpful to reference those in the text in this initial version, since there are no description of area, and no reference to any map . It seems rather unenforceable as written. 2) There's a typo on p.54 at c) under "standards common to both WCAO and WPAO," with an inappropriate break and missing reference (high density option is at (f) in this same section, so should reference 2.6.2 .Cf. (see below) c. Buffer Areas (1) A minimum JOO-foot vegetative buffer is required for all new development activities. that utilize the high density development option authorized by Section-0. 2 .6.2 .C.f fZt-High Density Development Option; otherwise, a minimum 30 foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps, or as determined by local government studies . Desirable artificial stream bank or shoreline stabilization is permitted. 3) More importantly, while this section is taken from the current ordinance and state statute, it conflicts with the additional buffer widths and locations in Section 4.3 Riparian Buffers (p.l 15-133) and those additional requirements should be referenced here . However, this added language should say something like "whichever is greater" (or whatever) as the Riparian Buffer section would replace 30 ft buffers with 50 ft buffers ,for both perennial and intermittent streams, not just perennial streams. However the Riparian Buffer section doesn 't repeat the requirement above for JOO foot buffers when the high density option is utilized, in both watershed overlay districts. Even if sewer capacity is 10  limited right now, once the UDO is passed, developers could start submitting plans so it's essential to get this clear now, not a year from now. 4) On p .55 at d (3) for "existing development ... the built-upon area of the existing development is not required to be included in the density calculation." Presumably when the statute language was first passed, the point was to grandfather existing development at that time. However, surely this grandfathering should be limited to the date when these restrictions were first enacted and not just roll over endlessly! Similarly, on p.55, at (e) exceptions, a deeded lot can be developed as a single family dwelling "without being subject to this section." This only applies if "owned by an individual prior to [insert effective date], regardless of whether a vested right has been established." However that date should not be the effective date of this UDO but the original effective date of the watershed language in Pittsboro's relevant existing ordinance, or when it.first appeared in the state statute. Failing that research, and/or now, it could say May 11, 2015, a date at which a version of the zoning ordinance was approved containing these watershed overlay requirements. Otherwise we are going to have more rolling over of the exemption as well, even ifit doesn't change each time the UDO is amended. If it says this year's UDO effective date it would grandfather and exempt property that was previously subject to the watershed rules. This same or earlier date should apply ind (3) regarding "existing development " and density. SECTION 42 OPEN SPACE AND RECREATION AREA 1) This section jails to distinguish between communal private space and public, town space, using the word "public" to potentially cover both. Requirements might need to be different. For instance at 4 .2 .2 .E .g (p .113) a private communal recreation space should be clearly identified as such , and not adjacent to town park or greenway, and preferably should be internal to a development. 2) At 4.2.2.G "Conveyance of Dedicated Recreation Area" (p.J /3) the language appears to mandate that all "required public recreation area" must become town responsibility even though some might be private HOA areas, including pool! It should say something to the effect that recreation area that the town deems suitable for and accepts for Town park facilities shall be deeded to the town for development for that purpose and that the town will be responsible for development costs. And then reference next section, alternative options, 4.2.3. (Doesn't the existing ordinance require constructed private but communal, onsite facilities of sufficient acreage, or donation of equal raw land or payment in lieu?) 3) At 4.2.3.B (p.J 14) Payment in Lieu: The ordinance didn't previously allow fee in lieu for Open Space, only for Recreation Area. However, if this is going to be allowed, the UDO should also allow the Town Board to be able to also use those open space funds to set aside certain larger areas that should not be developed and should be preserved as a public resource because of their special, historic, or environmental significance, as needed in future. Right now the UDO mandates at #5 that those funds can only go towards recreation needs. SECTION 522A2 STREETS in a blue-line revision in the Dec.14 2020 revision of the UDO, this sentence below was deleted (and I believe this was Commissioner Fiacco "edit" not a Board decision) and should be reinstated (and it was in therefor the last UDO hearing): "Streets shall be located outside of riparian buffers when practicable. If streets cannot be located outside of riparian buffers, they shall be designed and constructed to minimize water quality impacts." SECTION 5.9 OUTDOOR LIGHTING 11 Please consider the following revisions to the Outdoor Lighting section of the UDO (at the earliest opportunity and associated portion of Section 5 .10 Signage. 5 .9 .1. Purpose The purpose of this section is to control light trespass, night sky light pollution and glare so as not to adversely affect motorist, pedestrians, and land uses of adjacent properties inside the town limits and within the ETJ planning jurisdiction of the Town of Pittsboro. Lighting standards are also intended to preserve and protect the nighttime use and enjoyment of all property. Levels of illumination (light) to achieve a certain function or desired effect should also reduce or eliminate the hazardous aspects and nuisance of glare and lighting trespass for all exterior lighting installations . This includes but is not limited to: Farade building lighting; Recreation and sports areas; Public and private streets; and Parking areas and signs. 5 .9.2 . Light Measurement See section 5.9.5, Lighting Standards for Bikeways, Walkways , and Parks. 5 .9.3 General Lighting Standards Outdoor lighting shall comply with the following standards unless specijiatlly Sfflted otherwise. and all applicable standards in this section . A . Perimeter Light Levels The maximum light level shall be 0.5 maintained footcandles at any property line in a Residential Base District, or on a lot occupied by a dwelling unit. Floodlights shall not be directed toward residential property. B. Lighting Type All outdoor fixtures shall have a color temperature no greater than 3000 Kelvin. {LED streetlights: Doctors issue warning - CNN} LightiHgfixlures &jmore l/t(ll'I 2,000 Lum.ens sh(ll/ he .full cu10jfji.xlures. Nighuime security lighting must he fHlly shielded lo proj;ide jitll cutoff light distribution . {Text moved to F. Shielding} C. Lighting Height The mounting height ofall outdoor lighting shall not exceed thirty-seven feet above finished grade, except for outdoor sports venue lighting . The Planning Director may approve greater mounting heights if no adverse impact would occur . D. Floodlights Flood lights shall be aimed down at least forty -five degrees from vertical (see Fig. : Flood Light Positioning). Any flood light located within fifty feet of a right-of-way shall be mounted perpendicular to the right-of-way. The side-to-side horizontal positioning shall not exceed an orientation greater than 15 degrees from perpendicular to the right-of-way. All flood lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from horizontal or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of- way . E. Lighting Performance All exterior lighting fixtures shall produce at least 80 lumens per watt of energy consumed, as documented by manufacturer 's specifications or the results of an independent testing laboratory. F. Shielding All exterior lighting fixtures shall be full cutoff (see Fig 5 .9 .3 .F, Full Cutoff Light Fixtures) {Text moved from B . Lighting Type}, or top shielded or directed downwards or otherwise in accordance with the specific standards in this section. 12  Lighting.fixtures &jmore #um 2,000 lumens shall he fall cut&jf:fixtures. Nighttime security lighting must be fully shielded to provide full cutoff light distribution. {Text moved from B . Lighting Type} Temporary and construction site lighting in operation for more than 48 hours shall be top shielded and directed downwards. G. Remedies for Light Trespass The Planning Director may require the following remedies if compliance with this section would still cause light trespass, night sky light pollution, or glare.for example to account for different land elevations: Installation of internal or external shields; Adjusting the aim of offending.fixtures; Adjusting the location and/or mounting height or the offending poles; Adjusting the light distribution pattern and/or fixture type; or Remove the offending poles and fixtures from the site. H. Lighting Color The same or similar light source color temperature must be used on any one site that is part of a Planned Development District. This applies to: All street light.fixtures; and Area and parking lot light fixtures that are mounted on a pole or to the side of a building . All outdoor fixtures shall have a color temperature no greater than 3000 Kelvin. (Add:) I. Ornamental Non-cutoff decorative post-mounted fixtures shall be equipped with a solid top , or equivalent internal top shielding. Mounting heights lower than 18 feet are allowed when the maximum initial lumens generated by each fixture does not exceed 9500 initial lamp lumens. {This text copied from "open parking facilities" because they may be proposed in other locations.} (Add} J . Modification of Standards The Planning Director may require or allow higher light levels allow variance from these standards based on the following criteria: Safety and security; Special events; Existing ligh1i1'l:g conditiol'ls on adjacent preperty; and If use offall cuwfffixture does }'lot provide ample lightil'lg. {This section moved from "Open Parking Facilities" so that it applies generally, not just to open parking lots! Also not just light levels for events like the county fair in Pittsboro.} 5.9.4. Additional Lighting Standards for Specific Areas and Site Features {"Additional" to make clear that they don't replace the standards above.} A. Open Parking Facilities 1 . Illumination For residential parking lots, the range of maintainedfootcandles shall be 0.2 to 0.7. For nonresidential parking lots, the range ofmaintainedfootcandles shall be 0.2 to 0 .9. 2. Lighting Type and Height Non-cutoff decorative post-mounted fixtures shall be equipped with a solid top or equivalent internal shielding. Mounting heights lower than 18 feet are allowed when the maximum initial lumens generated by each fixture does not exceed 9500 initial lamp lumens. All metal halide, mercury vapor, fluorescent, induction, white high-pressure sodium and color improved high-pressure sodium lamps 9500 lumens and less used in non.- full-cutoff fixtures shall be coated with an internal white frosting inside the outer lamp envelope. All metal halide solid-top decorative post fixtures equipped with a medium base socket must use an internal refractive lens, a dif.fuse outer lens or a wide-body refractive globe. 3. Modification &j Sta;uiards 13  The Plan.ning Directer may require er aUew higher light kr•els based en the foUewing criteria: Safety tmd security; Special e11,•ems; Existing lighti:tg cenditier1s en adjace:u preperty; mid If use &j juU cut&jffixture dees net previde ample lighting . {This section moved so that it applies generally, not just to open parking lots.} B. Covered Parking Facilities Lighting for covered parking facilities shall comply with the !ESNA Handbook, 9th Edition . C. Vehicular Canopies Areas under a vehicular canopy shall have an average maximum horizontal illuminance of 20 maintained footcandles. The maximum shall be 15 maintained footcandles for LED lighting . Lighting under vehicular canopies shall be designed so as not to create glare off- site . Acceptable methods to reduce glare include: Installing a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy, and provides a full cutoff or fully-shielded light distribution; or Installing flat glass that provides a full cutoff or fully-shielded light distribution . D. Outdoor Sports and Performance Areas The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed 80 feet from finished grade unless approved by the Town Board of Commissioners. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. The maximum light level shall be 0.5 maintainedfootcandle at any property line in a Residential Base District, or on a lot occupied by a dwelling unit. The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event. E. Outdoor Display and Sales Areas Lighting for outdoor display areas shall not exceed 20 maintained footcandles. The maximum shall be 15 maintained footcandles for LED lighting. If adjacent to any residential use, the maximum shall be 15 maintained footcandles and the fixtures shall be full cutoff. All light fixtures shall be full cutoff fixtures or directional fixtures such as floodlights . The mounting height of outdoor display area fixtures shall not exceed 37 feet above finished grade , unless the Planning Director determines that no adverse effect would occur. Glare from any surface may not exceed a maximum average maintained illuminance of 20 footcandles. Car dealership parking lot lighting shall comply with the following standards. Only cutoff or full cutofffixtures shall be used. The maximum mounting height shall be 35 feet, in addition to a two-foot raised base for parking areas . Glare from the car bumper in the first row closest to the right-of-way may not exceed a maximum average maintained illuminance of 20 footcandles. Lighting at the first row or closest paved display area adjacent to a public right-of-way. Lighting in the non-merchandising areas of the parking lot shall be a maximum average maintained illuminance offive footcandles. F. Building Facades Lighting fixtures shall be focused exclusively on the building far;ade, plantings, and other intended site features, and away from adjoining properties and the public street right-of- way. Illumination on any vertical surface or angular roof shall not exceed a maximum average maintained illuminance of five footcandles. Where pessibk, All lighting fixtures shall be directed downward. The Planning Director may allow lighting to be aimed upward, if a downward orientation is impractical not feasible. In such case, low-wattage cutoff or shielded fixtures with shields (as ,ieeded) shall may be used, and lecated dese te the building te minimize reflected lightjrem windews and ether surfaces. if they will not 14 not cause window glare, internal light trespass into residential units, or direct light beyond the roof line. { Current wording undesirable -- the closer to the building, to avoid window glare, the more night sky pollution} G. Signs and Billboards Lighting fixtures that externally illuminate signs shall also comply with Section 5.10, Signage. All lighting for outdoor ad·,·atising signs shall be lighted from the top and oriented downward. 5.9.5. Lighting Standards for Bikeways, Walkways, and Parks Ground areas along bikeways, walkways, and lighted areas in parks shall be illuminated between 0.2 and 0.5 average maintainedfootcandle. 5.9.6. Exemptions When determined necessary for reasons of public safety, temporary security lighting including construction site lighting shall be exempted from these requirements if in continuous or intermittent use for no more than 48 hours. (Add) 5.9.7. Non-conforming Lighting All non-conforming lighting shall be brought into compliance with this section when there is a change of use or expansion of use on the property, or replacement of poles or fixtures. {From following Section 5 .10 Signage l 5.10.3 General Standards (p.241) F. lllumination Signs may be illuminated from within or from an external source, and shall avoid glare or reflection. Any external source of illumination such as spot or floodlights shall be placed so that it is not directly visible from any adjacent residential property, and be directed downward or no higher than 45 degrees from horizontal. Internally illuminated signs shall be fully top shielded. In all Residential Base Districts, internally illuminated signs shall be permitted only if the background of the sign is opaque and copy is either translucent and trans-illuminated or opaque and backlit, and fully top shielded. All business signs shall not be illuminated between the hours of 12:00 p.m. and 6:00 a .m. except for businesses which are open for business during these hours. RECOMMENDED PLANT LIST There is a "Recommended Plant List" on pp.412-414 that appears to only apply to perimeter buffers and required landscaping but it contains several extremely undesirable species, and lacks many native trees and shrubs. These four species definitely need to be deleted now, all are considered very undesirable: Leyland Cypress (fast growing but too tall and fragile -- easily falls over) Paulonia (a fast growing , deciduous, exotic invasive with gigantic invasive roots that can threaten adjacent foundations or paving) Bradford Pear (short-lived,fragile and tends to split in half) Nandina (mispelled in list as Nandiana, an exotic invasive) More native plants, bird-friendly and pollinator plants should be included. Also, drought tolerant plants added to this list might help ensure the survival of plantings that may be neglected after the first year. Forsyth County apparently revised its planting list to be more wildlife friendly and to remove invasive plants. Pittsboro could benefit from the work they have done instead of re-inventing the wheel for it's "recommended plant list." (MISSING/SIDELINED) TREE SECTION In the Street section there is a one sentence reference to canopy trees on new streets but only in certain zoning districts. Updated NCDOT documents on street design provide some guidance about spacing, that could provide more guidance in the next UDO revision. The Board might also want to require street trees in more zoning districts (such as if there is a 15  sidewalk). I hope that the Board will tackle putting some tree preservation or replanting requirements in your next work on the UDO because right now the UDO requires nothing beyond landscaped buffers and vegetated stream buffers and for some plans, it would require nothing at all. I do not believe that a preliminary set of requirements need be the heavy lift that it seemed to be a couple of years ago, especially if the Board starts out focused on where you most want to see preserved trees, or where that is not feasible, replanted trees: Sun-baked sidewalks? Areas of Open Space beyond a certain size? Private recreation areas? Small to medium trees in the front yards of new homes, especially for infill projects? Discussion ensued over the items listed on the Town's UDO "parking lot list" and making that list available to the Board as it considers an adoption of the UDO. Public Comment: Attorney Patrick Bradshaw from Bradshaw Robinson Slawter LLP, spoke on behalf of several property owners in Pittsboro and expressed concerns over whether the adoption of the UDO have any impact on existing zoning maps or zoning restrictions, riparian buffers or watershed restrictions. Interim Planning Director Theresa Thompson responded. Commissioner Shipp stated that he would like to leave the public hearing open for now until the next meeting to allow for additional public comments. Commissioner Shipp made a motion to forward this item to the Planning Board to their May 3, 2021 Regular Meeting and leave the Board of Commissioner's Public Hearing open until the May 10, 2021 Regular Meeting of the Board of Commissioners, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. OLD BUSINESS 1. Zoning Text Amendment - ZTA-2021-02 Nightclubs, Bars, Taverns Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request to amend the zoning ordinance to permit Nightclubs, Bars, Taverns, as defined in the zoning ordinance, as a by-right land use C-2 (Highway Commercial) and the C-4 (Central Commercial) zoning classifications. Ms. Thompson stated that the Board of Commissioners held a public hearing on March 8, 2021 and no one from the public spoke in favor or against the 16 proposed text amendment, and added that the Planning Board met on April 5, 2021, and recommended approval (4-2) of the proposed text amendment. Ms. Thompson stated that the Planning Board was generally agreeable to the text amendment, though expressed some concern regarding potential noise impacts to nearby residential areas. Discussion ensued about the difference between a restaurant serving alcohol and a bar or nightclub. Commissioner Farrell expressed concerns about the proliferation of bars as businesses close due to the struggles associated with retail business as a result of COVID-19. Commissioner Fiocco made a motion to approve Land Use Plan Consistency Statement and Vote on the Zoning Text Amendment Application, seconded by Commissioner Shipp. Mayor Nass asked if there was any discussion on the motion . Mayor Pro Tern Baldwin expressed her continued concerns about buffers, particularly buffers around schools and the desire for a 200' buffer from schools. Discussion ensued about the impact of this policy in relation to current or future schools and churches in the downtown area. Vote: Aye-4 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: Nay Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed NEW BUSINESS 1. License Agreement between the Town of Pittsboro and the Pittsboro Youth Theater, LLC (formerly Consent Agenda Item #5) Commissioner Fiocco stated that he would like to add a provision to the license agreement that prohibits children from being near or on the retaining wall at the future Town Hall site. Town Manager Chris Kennedy advised that he and Town Attorney Paul Messick will insert such a provision into the license agreement. Commissioner Bonitz made a motion to approve the License Agreement, as amended with the inclusion of Commissioner Fiocco's added provision, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 17 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed . 2. Site Plan - SP-2020-11 Hampton Inn at Mosaic (formerly New Business Item #1) Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request for site plan approval to construct a five-story, 120-room Hampton Inn Hotel. Ms. Thompson added that the Planning Board reviewed this application at their April 5, 2021 Regular Meeting and recommended approval with a vote of 6-0. Commissioner Bonitz made a motion to approve site plan, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 3. Sewer Allocation - Kiwanis Club of Pittsboro, NC (formerly New Business Item #2) Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request by the Kiwanis Club of Pittsboro for a sewer allocation in the amount of 665 gallons per day (GPO) as the existing septic system serving the 2,700 square feet structure is failing and the Kiwanis Club building is seeking to serve the Kiwanis Club, the Pittsboro Boys & Girls Club and a local church at this facility. Ms. Thompson stated that if this request is approved, the Town's remaining capacity , using its 110% policy, would be 8,300 GPO . Commissioner Bonitz spoke in support of the allocation. Commissioner Fiocco asked about the current failing system and how the Kiwanis Club would tie into the public sewer and what method would it tie onto the public system. Town Manager Chris Kennedy stated that as the Town understands the septic situation, the Kiwanis Club elected to pursue public sewer over repairing or adding to its current septic field. Town Manager Kennedy added that it is the Town's understanding that the sewer will be connected via a privately maintained grinder pump that ties into the public sewer main along Credle Street. 18 Commissioner Fiocco expressed a desire to require the sewer tie-in within one year from approval of the sewer allocation . Town Manager Chris Kennedy stated the Town could provide an expiration timeframe, but also acknowledge that the Kiwanis Club may also request for an extension to this timeframe if the one- year requirement is not achieved. Commissioner Shipp stated that the one-year expiration is acceptable. Commissioner Fiocco made a motion to approve the Sewer Allocation request with a one-year timeframe for them to tie onto the public sewer, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. MISCELLANEOUS 1. Town of Pittsboro Affordable Housing Draft Ordinance Town Manager Chris Kennedy presented an overview of the proposed policy objectives for the Town to include in an affordable housing incentive policy and requested the Board's feedback on the listed incentives . Commissioner Fiocco advised that Mayor Pro Tern Pamela Baldwin, Mayor James Nass, and himself served on the Town's Affordable Housing Taskforce nearly two years ago and that committee was proud of the list of incentives they developed with other community and developer stakeholders. Mayor Nass mentioned the need in Pittsboro for affordable housing. Mayor Pro Tern Baldwin expressed her support of this effort. Town Manager Kennedy asked the Board about its priorities and any targets this policy should be designed to achieve. Town Manager Kennedy added that having a target will allow the Town to determine if the incentives in the policy are working or not. The discussion concluded with a conversation on the next steps and when the Board may see the next drafts of the ordinance. 19 Final Board of Commissioner Comments & Adjournment Commissioner Bonitz stated that he was in favor of returning to in-person Board of Commissioner meetings if we follow social distancing guidelines. Commissioner Bonitz also advised that he had received the COVID-19 vaccine and spoke to the effectiveness of the vaccines and the need to be respectful with everyone's views. Commissioner Shipp praised the Regular Meeting packets as being more helpful and better. Commissioner Shipp stated that he was excited about what was happening in Pittsboro with setting the hearing for the adoption of the Unified Development Ordinance (UDO), work on the Town's Affordable Housing Ordinance and the Girl Scouts working on Arbor Day. Commissioner Shipp asked about any updates or news pertaining to restarting First Sunday events. Town Manager Chris Kennedy stated that the Pittsboro Business Association (PBA) is targeting August for its first First Sunday of the year. Commissioner Fiocco inquired about the status of a project based on the Memorandum of Understanding (MOU) between the Town , Chatham County and Chatham County Schools for the current school administration site. Town Manager Chris Kennedy stated he has submitted paperwork to UNC's Development Finance Initiative (DFI) and the school's MPA program for a potential project study but has yet to hear back with a response. Commissioner Fiocco stated he would like to make sure the Town is doing regular testing for the PF AS in our drinking water. Commissioner Bonitz asked Town Manager Chris Kennedy for an update about the painting of stop bars in the Chatham Forest neighborhood. Town Manager Chris Kennedy advised in response that he had reached out to a thermoplastic vendor to see if they would be willing to do a test of the product and placement and that the vendor agreed to provide the Town with one free example. Town Manager Kennedy added that once the Town and Chatham Forest agreed on the product, then work with the vendor and HOA could proceed forward. Commissioner Bonitz made a motion to go into Closed Session, seconded by Commissioner Fiocco at 12:02am. Vote: Aye-5 Nay-0 Mayor Nass: N/ A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye 20 Motion Passed . Mayor Pro Tern Baldwin made a motion to Adjourn , seconded by Commissioner Farrell at 12:46am. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed . Attest: U)M ~ K lic,u (£r)'._ Cassandra M. Bullock, Town Clerk 21