1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY,AUGUST 9,2021 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, Planning Director Theresa Thompson, Senior Planner Victoria Bailiff, Parks Planner Katy Keller. Call to Order - Mayor Nass Mayor Nass called the meeting to order at 7:00 pm. 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 Commissioner Fiocco made a motion to approve the Regular Agenda, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commisiioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Resolution of Sympathy Recognizing the Passing of Mr. Brian Taylor Mayor Pro Tern made a motion to approve the Resolution of Sympathy, 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. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy spoke about Mr. Brian Taylor and offered his condolences to Mr. Taylor's family. Town Manager Kennedy announced that the Town released a RFQ for engineering services to develop the Town's water and sewer capital improvements program, a revised SDF study, as well as a rate study for our enterprise fund. Town Manager Kennedy also announced that the Town was soliciting bids for the Town's Wastewater Improvements Project, which includes the Sanford Force Main project, and that the advertisement would be in the August 19, 2021 edition of the Chatham News + Record and the August 22, 2021 edition of the Raleigh News & Observer. Town Manager Kennedy stated that in light of the June 30, 2021 1,4 dioxane pollution event from Greensboro, the Board had decided to call a Special Session of the Board on August 18, 2021 to discuss our water quality. Town Manager Kennedy advised that the Board will not hear public comment at tonight's meeting pertaining to water quality concerns and that anyone wishing to provide public comment about water is welcome to do so at this Special Session of the Board. Town Manager Kennedy stated that his one-year anniversary with the Town was the next day and that he was very much still proud to be the town manager and felt privileged to hold this role. 2. Mayor Updates Mayor Nass announced that he would be attending the presentation of the French Legion of Merit to resident Mr. Wesley Hart at Salem Baptist Church. Mayor Nass stated that Mr. Hart is a 102- year-old World War II veteran and that this honor being bestowed upon him is the highest honor that the French government awards. Mayor Nass also mentioned that on August 14, 2021, he will be serving as a marshal of a back-to-school parade hosted by the Potterstone Village neighborhood. 2  3. Commissioner Updates 11 Boys & Girls Club Commissioner Shipp advised that the Pittsboro Boys and Girls Club surpassed their fundraising goal needed to open. Commissioner Shipp thanked those willing to invest in the Club and stated there were many things still to do such as hiring people, training people, and all those things. 11 Chatham County Arts Council 11 Chatham County Affordable Housing Advisory Committee (AHAC) Mayor Pro Tern Baldwin mentioned that she attended the most recent AHAC meeting and that the PowerPoint presentation from that meeting is available that she would forward the link to the Board. 11 Chatham County Economic Development Corporation (EDC) 11 Climate Change 11 Downtown 11 Fairground Association 11 Main Street Pittsboro (MSPBO) Commissioner Fiocco advised the mural he mentioned previously started today. 11 Parks and Recreation Advisory Board (PARAB) Commissioner Fiocco stated that the next PARAB meeting was this Wednesday and that he planned to attend. 11 Pittsboro Business Association (PBA) Commissioner Fiocco stated that the next PBA meeting was this Wednesday and that he planned to attend. 11 Triangle Area Rural Planning Organization (TARPO) Commissioner Fiocco stated that the next T ARPO meeting was this Thursday and that he planned to attend. 11 Triangle J Council of Governments (TJCOG) 11 Other Commissioner Shipp stated that he too would be attending the ceremony honoring Mr. Wesley Hart and that he was looking forward to the event. CITIZEN MATTERS 1. Public Comment Ron Hatley, of 24 Hatley Road, Pittsboro, NC 27312, spoke about development, the changes that occur in market conditions over time, and the environmental consequences of development. Jessamine Hyatt, of 248 Bynum Church Road, Pittsboro, NC 27312, expressed her frustration with accessing Board agenda packet materials on the Town website and offered her ideas about how virtual meetings might be more beneficial for the public. Liz Cullington, of 390 Rocky Hills Road, Pittsboro, NC 27312, discussed a petition to persuade the Board of Commissioners to not approve of tax increases to pay for projects that benefit developers or Chatham Park. 3 CONSENT AGENDA 1. Set Public Hearing for REZ-2021-04 - 879 & 881 Hillsboro Street - R-10 to 01 (PARID 6622), David Mang 2. Interlocal Agreement between the Town of Pittsboro, Chatham County and City of Sanford for the Preparation of a Preliminary Engineering Report and Environmental Assessment for Proposed Water Distribution Facilities 3. Set Public Hearing for ZTA-2021-04- Quarterly Updates to the UDO 4. Board of Commissioners Future Agenda Item "Look Ahead" Tentative Schedule End of Consent Agenda. Commissioner Fiocco made a motion to approve the Consent Agenda, 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. NEW BUSINESS 1. Sewer Allocation - SAR-2021-05 - Whispering Meadows Subdivision, Phase 2 - adjacent to NC 87 Bypass Planning Director Theresa Thompson provided an overview of the request and stated that the applicant, Rick Murray, was requesting a sewer allocation in the amount of 4,440 gallons per day (GPO) for Phase 2 of his Whispering Meadows residential development, which included eleven (11) single-family lots. Ms. Thompson stated the Town's available sewer allocation, utilizing the 110% policy, comprised 7,950 GPD remaining prior to this request. Discussion ensued about the latest progress on the Sanford Force Main project that would add additional sewer capacity for the Town. Commissioner Fiocco made a motion to approve the Sewer Allocation, seconded by Commissioner Shipp. , Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye 4 Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 2. Sewer Allocation - SAR-2021-06 - New Single-Family Residence - 160 McClenahan Street Planning Director Theresa Thompson provided an overview of the request and stated that the applicant, Orange Communities LLC, was requesting a sewer allocation in the amount of 360 gallons per day (GPD) for a three (3) bedroom single family dwelling unit. Ms. Thompson added that if SAR-2021-05 and SAR-2021-06 was approved by the Board, the Town's available sewer allocation, utilizing the 110% policy, would leave 3,1500 GPD remaining. Commissioner Fiocco made a motion to approve the Sewer Allocation request, 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. MISCELLANEOUS 1. Main Street Pittsboro Quarterly Report - April 1, 2021- June 30, 2021 Maria Parker-Lewis, President of the Main Street Pittsboro board, presented an update from Main Street Pittsboro for the fourth quarter of fiscal year 2021. Commissioner Bonitz thanked Main Street Pittsboro for the presentation and expressed his continued desire to see the organization reach at least 25% Main Street Pittsboro board be downtown businesses or downtown property owners. Discussion ensued about the composition of the Main Street Pittsboro board and the memorandum of unden;tanding (MOU) between the Town and Main Street Pittsboro. 5 PUBLIC HEARINGS 1. Annexation - A-2021-03 Corbett Landing (fka Rexford Landing)- Old Graham Road (PARID 6580, 69515)-The Rexford Group, Ltd. Mayor Pro Tern Baldwin made a motion to re-open the Public Hearing, seconded by Commissioner Fiocco. 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 Motion Passed. Mayor Nass asked if anyone from the public wished to speak. Public Comment: Elaine Chiosso, of 1076 Rock Rest Road, Pittsboro, NC 27312, questioned if this was a satellite annexation. End of Public Comment. Town Manager Chris Kennedy confirmed that the petition was for a non-contiguous annexation. Commissioner Farrell made a motion to close the Public Hearing, seconded by Commissioner Bonitz. 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 Motion Passed. 6  2. Annexation - A-2021-02 Northwood MUPD - US Highway 15-501 (PARID 72825), ECO Northwood MUPD, LLC Commissioner Shipp made a motion to re-open 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. Town Clerk Cassandra Bullock presented the staff report for this annexation request. Public Comment: None. Commissioner Shipp 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. Chatham Park Development Agreement Commissioner Fiocco made a motion to re-open the Public Hearing, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye 7 Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Public Comment: Elaine Chiosso, of 143 Bynum Church Road, Pittsboro, NC 27312, the executive director of Haw River Assembly, expressed concern over approving the Development Agreement as proposed and stated that she would recommend the Development Agreement to be limited to the area of the North Village, not all of Chatham Park, and for the Development Agreement duration to be limited fifteen (15) years. Debbie Tunnell, of 282 Moore Mountain Road, Pittsboro, NC 27312, stated her concerns about approving the Development Agreement due to the length of the agreement and the environmental impacts, and asked the Board to reject the Development Agreement. Joy Hewitt, of 3069 Silk Hope Gum Springs Road, Pittsboro, NC 27312, asked that the board require more watershed protection before approving the Development Agreement. Mark Pavao, of 421 Haven Road, Pittsboro, NC 27312, discussed his concerns over the Development Agreement, particularly stormwater management, property buffers, and protecting the neighborhood during major construction. Susie Crate, of 235 Bynum Church Road, Pittsboro, NC 27312, expressed her concerns stated that the Development Agreement lacked sufficient protection for Chatham's natural areas. Ms. Crate also stated her concerns over the proposed 40-year duration for the Development Agreement. Jessamine Hyatt, of 248 Bynum Church Road, Pittsboro, NC 27312, stated her concerns over the duration of the agreement and need for more environmental protections. Mark Hewitt, of 424 Johnny Burke Road, Pittsboro, NC 27312, spoke about the impact of the approval of the Development Agreement on the construction of NCDOT roadways and potential eminent domain associated with such roadways. Liz Cullington, of 390 Rocky Hills Road, Pittsboro, NC 27312, mentioned that she did not believe the Development Agreement met State statute and reviewed her list of concerns. Mike Watkins, of 400 Prince Creek, Pittsboro, NC 27312, stated that he endorsed the comments made by both Mark Hewitt and Liz Cullington. Mr. Watkins asked the Board if anyone from the public was in favor of this Development Agreement. End of Public Comment. Mac McCarley, an attorney with Parker, Poe, Adams & Bernstein, represented Chatham Park Investors and answered questions from the Board. 8 Discussion ensued about the components of the Development Agreement. Town Manager Chris Kennedy stated that staff will work with Chatham Park Investors to adjust the overall agreement and provide that the Board once revised. Mayor Pro Tern Baldwin advised there are a number of issues that need to be resolved and that she would like to look at the map in reference to the Northwoods subdivision. Commissioner Bonitz made a motion to continue the Public Hearing to the August 23, 2021 Regular Meeting of the Board, seconded by Mayor Pro Tern Baldwin. 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. After the vote, Commissioner Farrell expressed his concern of the 40-year proposed term for the duration of the Development Agreement. Commissioner Bonitz echo those concerns. 4. Rezoning - REZ-2021-03 -Townsend Tract - Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler Mayor Pro Tern Baldwin made a motion to re-open 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. Mayor Nass asked if anyone from the public had signed up to speak. Public Comment: 9 Liz Cullington, of 390 Rocky Hills Road, Pittsboro, NC 27312, stated that the rezoning is not consistent with the future land use plan, and urged the Board to deny this rezoning and to negotiate with the landowners over the future use of this large tract and the possibility of having the developer submit smaller rezoning requests and smaller development plans. Cindy Crabtree, of 285 International Woodyard Road, Pittsboro, NC 27312, discussed an ongoing property line and easement dispute with property owner of the subject property, CPF, LLC. Ms. Crabtree asked that the Board not approve the application until the dispute was resolved. End of Public Comment. Jamie Schwedler, an attorney with Parker Poe, and on behalf of the applicant Pulte Group provided an overview of this rezoning application. Chris Raughley, Vice President of Land Entitlement and Development with Pulte Group, spoke as the applicant. Discussion ensued about the permitted land uses and the facets of the rezoning. Discussion also included debate about the use of a general use rezoning versus a conditional zoning application and the property line and access dispute introduced by Ms. Crabtree. Commissioner Shipp made a motion to close the Public Hearing for REZ-2021-03 and to send the request to the Planning Board for review, 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. 5. Special Use Permit - SUP-2021-02 Townsend Tract - Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler Mayor Nass reviewed the procedures and expectations of the quasi-judicial hearing for SUP-2021- 02. Commissioner Fiocco made a motion to re-open the Public Hearing, seconded by Mayor Pro Tern Baldwin. 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. Town Clerk Cassandra Bullock administered the oath to Town Manager Chris Kennedy, Planning Director Theresa Thompson, and applicant representatives Jamie Schwedler (attorney), Bryan Blake (expert in civil and utilities engineering), Kevin Dean (expert in traffic engineering), Rich Kirkland (expert in property valuation), Nick Antrilli (expert in civil engineering), and Chris Raughley (expert in age restricted communities in North Carolina). Each of the applicant's witnesses were tendered as experts in their field by the Board. Mayor Nass requested that the Board report any special knowledge, fixed opinion not subject to change, conflicts of interest or ex parte communication pertaining to this Special Use Permit application. No disclosures were reported. Planning Director Theresa Thompson stated that she would like to enter the following into the record as exhibits for this hearing: Exhibit 1: Town Staff Memorandum, Analysis and Case File Exhibit 2: Applicant's Submitted Application Materials Exhibit 3: Town Staff PowerPoint Exhibit 4: Town Staff Presentation Exhibit 5: Set of Affidavits from the Applicant Qualifying the Expert Witnesses Planning Director Theresa Thompson presented the staff report for Special Use Permit application SUP-2021-02 and stated that the application requested approval of a Planned Unit Development to include a maximum of 2,223 units, with a mixture of single-family detached and townhome residences, and associated accessory uses and amenities such as a club house. Ms. Thompson stated that the subject property includes three (3) parcels (Parcel ID 60774, 89720, 7413) comprising a total acreage of approximately 740.84 acres, located at and near 1377 Sanford Road in Pittsboro, and owned by CPF LLC. Ms. Thompson stated that application is contingent upon the applicant's concurrently filed rezoning. Ms. Thompson provided an overview of the waivers requested. Ms. Thompson added that the applicant was requesting a vested right as well two separate requests in the application: 1. Approval of a 7-year multi-phased development vested rights period; and, 2. Approval of a 2-5 -year site-specific development plan approval. Ms. Thomps0n stated the applicant preferred the 7-year vesting over the 2-5-year period. Discussion ensued about the waiver requests by the applicant and the proposed conditions offered by the Planning Director Theresa Thompson. 11 Jamie Schwedler, an attorney with Parker Poe, presented on behalf of the applicant Pulte Group. Ms. Schwedler explained the vested rights and permit choice statutes and how the applicant intended to apply those to this application. Ms. Schwedler asked that her PowerPoint presentation be admitted into evidence. Town Manager Chris Kennedy stated that Ms. Schwedler's presentation would be Exhibit 6. Exhibit 6: Jamie Schwedler's PowerPoint & Presentation Each witness provided an overview of the project utilizing their professional experience and expertise. The Board asked questions of the applicant pertaining to the timeline for construction if approved, design of the homes, whether the development included any plans for a medical center, buffers along the perimeter of the subject property, stormwater design year requirements and what the applicant has proposed above the minimum, whether improvements are required by NCDOT along US Highway 15-501, the proposed sidewalk and greenway improvements and the consistency with the Town's approved Bicycle and Pedestrian Master Plan, sewer capacity requirements for the project, when the traffic impact analysis (TIA) would be prepared, roadway cross section requirements, and open space commitments. The applicant's team of expert witnesses responded to each of the questions presented by the Board. Jamie Schwedler provided a summary of the Board's decision options for this application and as summary of the testimony provided. Commissioner Fiocco asked about a potential dimensional conflict in the setback standards listed in the PUD document. Discussion ensued to reconcile the language conflict. The applicant committed to adjusting the language to clarify that this understanding with the following: "Where the PUD abuts road section A, a 10-foot minimum building setback is required." Commissioner Fiacco requested that a street tree spacing interval be specified and that the multi- use trail extend to Parcel 24. Planning Director Theresa Thompson discussed the inclusion of conditions for building setbacks from adjacent property and external property boundaries per the zoning ordinance. Jamie Schwedler confirmed that the applicant will meet the requirements of the zoning ordinance on the date of application except as expressly altered with this request. Commis~ioner Bonitz asked about pedestrian improvements along Pittsboro-Moncure Road. Kevin Dean stated that the applicant had not considered pedestrian improvements along Pittsboro- Moncure Road to date. 12 Discussion ensued about when the decision of if pedestrian improvements along Pittsboro- Moncure Road and others would be analyzed, designed and/or required. Discussion followed about the procedural and sequence requirements of the Rezoning and Special use Permit applications for this subject property. Jamie Schwedler expressed her desire and rationale to close the Public Hearing this evening. Commissioner Fiocco agreed that we should close the Public Hearing. Mayor Pro Tern Baldwin contended that we leave the Public Hearing open. Commissioner Shipp made a motion to continue the Public Hearing for SUP-2021-02 to the September 13, 2021 Regular Meeting of the Board of Commissioners, seconded by Mayor Pro Tern Baldwin. Vote: Aye-4 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Nay Commissioner Shipp: Aye Motion Passed. OLD BUSINESS 1. Small Area Plan - Chatham Park North Village - Chatham Park Investors, LLC Town Manager Chris Kennedy advised that this step for the Chatham Park North Village Small Area Plan serves as the beginning of the two-week public comment period, where the Town will accept both written and verbal public comment and stated that the approved Master Plan requires this step before any decision of the Board on a Small Area Plan is rendered. Debbie Tunnell, of 282 Moore Mountain Road, Pittsboro, NC 27312, requested that the Board require a full environmental impact study for this large project to address stormwater and endangered species concerns. Liz CulUngton, of 390 Rocky Hills Road, Pittsboro, NC 27312, stated that she had provided written comments to the Board and asked to be allowed to speak on this application at the August 23, 2021 Regular Meeting of the Board. Discussion ensued about the two-week public comment period and whether the two-week period would still end on August 23 since we are now past midnight into Tuesday. The Board and staff 13 agreed that the two-week period would run from the beginning of the meeting and therefore end on August 23, 2021. Mark Pavao, of 421 Haven Road, Pittsboro, NC 27312, commented on the scale of the Small Area Plan and expressed his concerns about the number of sections included into one Small Area Plan. Mr. Pavao also expressed his concerns of the routing of Chatham Park Way North and asked the Board for support to alter the roadway alignment. Discussion ensued about the routing of Chatham Park Way North and the current alignment. Town Manager Chris Kennedy advised he will speak NCDOT and schedule a presentation for the Board on the August 23, 2021 Regular Meeting agenda. Final Board of Commissioner Comments & Adjournment Commissioner Fiocco mentioned to Town Manager Chris Kennedy that it was hard to believe it had been one year already, and that there was quite a bit crammed into that year under very difficult circumstances. Commissioner Fiocco also extended his thanks for the Welcome Center parking lot pavement cut and repair update. Commissioner Bonitz stated that he would like to share a list of eyesores and potential zoning violations in Town and requested an update on the report for Duke Energy's system reliability. Town Manager Chris Kennedy responded to Commissioner Bonitz and advised that the list can be forwarded to him or Planning Director Theresa Thompson for staff to forward to our contracted code enforcement officials and that he will reach out to our governmental liaison with Duke Energy for a reliability report and presentation for the Board. Commissioner Shipp requested that the latest version of the Chatham Park North Village Small Area Plan be uploaded to the Town's website and Facebook and alerted the public that the Chatham Park North Village Small Area Plan would be back on the agenda for the Board's next Regular Meeting on August 23, 2021. Commissioner Fiocco made a motion to Adjourn at 1:46am, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commis~ioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 14 ~Gt,d<A_ M. ~"'t!OcL Cassandra M. Bullock, Town Clerk 15