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