Agenda - 09-05-2023; 8-a - Minutes

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48 1 Chair Bedford asked if it would go through the MPO SPOT process. 2 Cy Stober said that would be one path and the other is staff analysis that would obligate 3 the developer to future improvements. He said the path Chair Bedford described is that this area 4 has become a destination so it needs improvements and it would be entered into the SPOT 5 process. 6 Chair Bedford asked if it was legal to require this condition of future improvement. 7 John Roberts said that any condition that the Board imposes is lawful for staff to enforce. 8 He said that he can't say if it is legal or not, but it would be enforceable by the staff until it is 9 overturned. 10 Chair Bedford asked if they could delete conditions. 11 Cy Stober said yes, it is part of the negotiations. 12 Chair Bedford asked if it has to be agreed upon by staff and the applicant in writing. 13 Cy Stober said it could be in email. 14 Chair Bedford said she is concerned about skate park liability. She asked if the applicant 15 is obligated to build the skatepark. 16 Cy Stober said the applicant is obligated, and that would be enforced by staff. He said 17 they would have a conversation with the developer, and they would not issue the "C of C" for the 18 clubhouse until they provide some financial surety that the skatepark would be realized. 19 Chair Bedford asked if the county and the Town of Hillsborough have added the water and 20 sewer in the ten-year transition areas. 21 Cy Stober said no not universally. 22 Chair Bedford said there was no intention to have lighting on the fields, but the condition 23 said they would have low lighting. She asked which is accurate. 24 Patrick Cummings passed a map to the Board showing a lighting configuration for the 25 baseball fields. He said the first proposal to include lights was a capital discussion rather than a 26 planning or zoning one. He said they do intend to install lighting at some point due to capacity 27 issues. He said they can extend into the night with lights, and they would be used. He said that it 28 was stated so they would not have to come back for permission to install the lighting. He said that 29 any lights would comply with Orange County's UDO. He said that they feel they can achieve the 30 UDO requirements. 31 Chair Bedford asked about the slides that are in conflict and what the proposed condition 32 is. 33 Patrick Cummings said they are agreeable to a condition that would require them to have 34 no lights at a certain time in the night. 35 Cy Stober said the drafted ordinance restricts it to just the tennis courts and the condition 36 presented by the applicant is for all facilities. He said that would need to be agreeable to the 37 Board. 38 Commissioner Fowler asked how long they have to bring the plan to fruition. She said 39 she thought it was seven years. She asked what happens if they decide to change course. She 40 asked if there is a time limit they have to wait before they ask for rezoning. 41 Cy Stober said there was no time limit, but they would still have to go through staff review. 42 Commissioner Richards asked about the future land use map designation and the public 43 utilities and services. She asked if there is a plan to have public services. 44 Cy Stober said the utilities plan in the packet rely on the Town of Hillsborough to extend 45 water and sewer and the state law allows for a school to request a utility reservation. He said the 46 applicant has requested that. 47 Commissioner Richards asked if the Town of Hillsborough has the right of refusal, or if 48 they are mandated to provide it for the school. 49 Cy Stober said the statute requires the utility reservation, but the discussion of extension 50 will be between the applicant and the town.