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HomeMy WebLinkAboutFairview Tn of Hills CU2P-2008-01Prepared by and Retu~`n to: Torn King,11.~CP, ~~, senior Planner, Town of Hillsborough Planning Department, 101 East grange Street, P.O. fox 42~, Hillsborough, NC 2?2? T~wN [~~' LIIB~R~I~'~ ~~A.NE ~~I~NTY C~NI~ITI~NA~ IJE~~ HERMIT ~U~S-U1 N~~T~ AR~~YNA ~N~w A~L~ PERSONS BY THESE PRESENTS, that the undersigned pr~pe owner{s}, D~ange Caut~ty and the Town ot~ Hillsborough, l OG East Margaret Lane, P.~. Boy 818 ~, Hiltsbar~ugh, N'C 27278 and ~ 01 East grange Street, P.D. Box 429, Hillsborough, SIC 27278 ~respecttve~Y}, l~~ving applied to the Town of Hillsborough fog ~ Canc~tianal Hse-2 Permit far the use ar~~ de~elapment of the property herel~,after described, the sane wa.s granted by the Town of Hillsborough an December ~ ~, 204$, the terms of which are as follows: NAME ~F P~D~E~T: Fair~.ew Parr Expansion TYPE DE CDNDIT~DNAL Camm~nity Parr HE: NAME ~F P~DPE~TY Orange County and e Town of Hillsborough ~wNER; NAME 0~` ~EVEEOPE~: grange County I~ESC~~PTI~N ~~' PREM~ES L~A,TIQN~ ~ ~5 Tarain Street; Hillsborough Township; north side of Torain Street at the northeast corner of the intersection o#`Torain Street and Rainey Avenue. TA.~ MAP RE~'EREN~E Taw~a of Hillsborough = 4.5.x„ l ~ NUMBED: grange County = 4.S.A. l ~~ PARCEE IDENT~EIC,ATION Town afHillsbarough = 9$5~82~2~22 NUMBERS: grange County = 985-7~-584 I~ESRYPTIDN ~E All of the 25.40 acres {awned by the Town ofHillsbarough} shown as Recombined ,~xea `B' on the B~P~RTY: plat and survey by Surnit Consulting entitled "Final Plat Recambinatian Su~ey Property Surveyed for Town of Hillsborough" recarded in Plat Boar i ~4, Page 194, of the grange County Registry, and all of the ~ D,0 ~ acres {owned by grange County shown as ~,ot 5 on the plat and survey by Summit Consulting entitled "Falr~ew Parl~~Phase i" recarded in Plat Book l ~4, Page i 29, off` the grange County Registry, hereinafter referred to as "the property'. Page i of 4 P~C~.AI~ TERl4~ A~~ C~ND~Tf4NS The Baard of Adjustment of the Tawn ofHil~sboraugh, having heard all the evidence and argument presented at the hearing, approved a Conditional Use-~ Permit on December la, Z0~8 applicable to the property. The praject subject to this Conditional Use-2 Permit is noted above and is shown on the Site Plan entitled "Fairview Park" by Carley Reelfoot hack, Ync, dated November 20, DOS thereinafter "the bite Plan"}. This Conditional Use-~ Permit authorises grange County to construct and operate a public park Fairview Park} that contains a picnic shelter with ~ restroams, a new ball ~.eld, 2 basketball courts, one volleyball court, a playground, horseshoe pit, and paved walking trackltrail. Outdoor site and sports lighting is to be provided far the ball field, courts, paved walking track and parking area. The parking Iat will contain 3S o~ street parking spaces. The terns herein contained are binding on the present owners, and their successors in title and interest, and shall henceforth be appurtenant ta, and shall ran with the title to said real property unless the conditions herein are otherwise vacated ar changed ~~ governmental action, the exp~ratlan o£ this Permit (~ncludrng any approved extensions to Its exprration date}, the expiration of the Permit's vested right stags including any appraved extensions}, or vacated or modified by action of a Court of competent jurisdiction. Failure to cainply with the appraved terms and conditions stated herein sha11 result in the forfeiture of this Conditional Use~2 permit. The project and all other site in~proveinents shall be constructed and completed strictly in accordance with the approved Site Plan, the narrative statement of the. pro feet, and all other documents pertaining to the project, ir~clnding all erosion control plans, utilities plans, landscape plans and building plans, all o£ which are incorporated herein and made a part of this Conditional Use-Z Pernrit. Copies of the bite Plan and supporting documentation are on file with the Town of Hillsborough Planning Department, The praject shall be maintained and constructed subject to any and all applicable provisions of the Town of Hillsborough, NC, caning ordinance, and as prescribed in the special conditions listed below. This Conditional Use~2 Permit is subject to the fallowing conditions; 1, Ail Fire, water and Sewer and Starrnwater Plans must be appraved by the appropriate Town of~ilibarau~gh staffprior to issuance of the caning Compliance Permit. 2. Construction and. operation of the facility will corr~ply with the Orange County Regulated Recyclable ll~aterials Ordinance. 3. The survey plat prepared by Summit Consulting entitled "Final Flat- Recombination Survey-Property Surveyed far Town of Hillsborough" dated duly 4, 2aa7 shall be recorded in the Orange County Register afDeeds office by the Perinit applicant prior to the execution of the Conditional Use-~ Permit document issued as evidence of the Permit approval. Note, This condition was rnet through the recordation ofsaid plat in the Orange County register afDeeds off"ice Plat Boak 104, Page 194} an Tanuary S, 2009. ~4. A striped pedestrian crosswalk will be provided across the driveway entrance connecting the sidewalk along the earth side of Tarain Street. 5. The applicant shall clear any underbrush in the Type ~ screening area along the north side of Torain Street to allow partial visibility into the Park, 6. The athletic field lighting proposed must meet Ordinance requirements in effect at the t~nae the lighting is installed, Permit Recordation lie uirement: This Cai~chtional Ltse-2 Permit shall be recorded in the Grange County Regl~ter of Deeds Office within l0 days of its receipt, Nothing authorised by this Conditional Use~2 Permit may be lane until the prape~rty owner properly executes, and returns to the Tawn a copy of the recorded Conditional Use~2 Permit with the recording information attached thereto by the Orange Ca~unty Register of Deeds. Nested Ri ht Established; A vested right pursuant to .5.160A-35.1 and Section 23 {bested Rights} ofthe caning Ordinance of the Town of Hillsborough is established as of the date hereof: Unless terminated at an earlier date, the vested right of the approval of this Conditional Use,2 Permit sha11 be valid until December 10, Z010~ Permit Expiration: This Conditional UseW2 Permit shall expire within ~ years X24 months) from the date of approval if the project appraved has not begun construction ar received an extension by the Board of Adjustment, The Permit expiration date is December l0, 2~ 10, Requests for an extension of this Conditional Use-~ Permit must be made in writing before the expiration date is reached, Chan, es and IVladifications: As provided in Article 4,7 dinar Changes and ll~odificatians to Approved Conditional Use Permits} of the honing Ordinance, ininar changes to this Conditional Use-~ Permit maybe approved by the honing Officer, unless such changes are deterimined to be n~adifcatians has defined in the honing Ordinance} which require approval from the Baard of Adjustment. Prior Page ~ of 4 to cornmenceme~zt of any change in the approved plans, the Planning Departrnent shall be Gonsulte~ so as to determine whether the proposed change is considered a ~,inor change ar a modification. R~~rocatian: Puzsuant to Subsection 4,8,2 ~Expixation and RevQGation of Conditional Use Pe~.nit) of the Zoning Ordinance, the Board of Adjustment may revoke this ConditianalUse-2 Permit after a finding of the existence of any one of the following conditions; ~. That the physical construction or activity authorized by the Permit has not can~menced within the 2 year X24-month} time -limit; b. That the gavernrnental licenses or permits required four the activity a~thari~ed by the Permit have ~aot been obtained or have subsequently been terax~inated; or c. That any of the applicable requirements of ectian 4 ~Candit~onal tine Requ~rernents~ of the Zoning Ord~nanGe or any conditions attached to the Permit ar subsequent madifcatian of the Permit have been ~riolated. Non-severa~~i~ ~f any condition of this Conditional Use-2 Permit shall be held invalid ar void, then the Conditional Use-2 Permit shall lie Braid in its entirety, and of no effect. NORTH CAROLH~A ORANGE COUNTY ~N YTNESS wHBREOp`, the Town of Hillsborough has caused this instrument to be executed in its name as e~ridence of the issuance of said Permit, and the undersigned being all of the property owners of the property above described, ha~re executed this instrument in evidence of their acceptance of said ~onditianal~~r2'- P~~ ~s a covenant running with the land. ~~~~~ ~~~ ~r~J.r ~ L ~ ~ ~.~ ATTEST, ~~ O ~~ TOwN ~~' HI~,LSBOROUH ~ ~ ~-0 ~ A~% ~' stn ~ ~ 5 ~~ pN * ~ '~E?~+'8fI1 ~~ ~~ ~, [1 _ . - ,~ i`- ,.. ^,i(F r ~' autos F, Armbrister ~ .~.~~~ ~ Eric J. eterson Town Clerk % ~ , ~ Town Manager ~~ ~~ ~ ~~ ~~ ~~ ACCEPTED BY; ~~ ~f~ . ~ .... ~. ~~~ ~Talerie P. Foushee Chair, Orange CourLty Board of Commissioners {Qwner~ Brie ~. Peterson Town Ma~aager (Owner} ATTEST; Do a er County Clerk, Orange County ~SEAL~ Page ~ of 4 Orata e Co~nt~? Corporate Nave Town. of Hills~arou~h Corporate Name ATTEST; Donna F. Ar~brister Town Clerk, Town of Hillsborough NORTH C~RDLIl~A COUNTY , ~ ~ o~ ~0 ~ ~ ~~ ~ ~ ~~ d ~~ a~ ~~~ ~~ . a , I, , ~ Notary Public da hereby certify that Eric ,I, Peterson, Town Manage~t of the Town of Hillsborough, and Donna ~'. Armbz~.ster, Taws Clem, personally appeased before me and duly swami says each fay' himselflherself that helshe ~Cnaws the corporate seal of the Town of Hil~sboraugh, and that the seaX of the Taman of Hillsborough was affixed to the dacun~ent by Donna ~'. Arnibrlster, Tawn Clem, and that they subsc~bed their names thereto; and that Bald inst:ru~nent is the act and deed of the Town of Hillsbaraug~. IN ~~ ..~~ ~..~~~° .::~ ~ ~ ~`, ~ have hereunto set nay hand acid Notarial Seal, this the day of , ~~ , ~r~ . ~ s 'f ~ f } r 4~~ E~, ., . . !~ ~~ 1 r'~ ''l a "~ ~ ~. ~ s Fs ' ~o .;,,. ~ ;~ Pi'4 'T~t~.ir~= t r~~ l~ n NORTH CAROEINA ~~1,1 1 ~~~'~blic Y Carn~issian Expires: I the undersi ned Notary Pubic of County and the State of North Carolina, reify that Valerie P. Faushee, g personally came befare Marie this day and acknawiedged the due execution of the foregoing instrnent far the purposes therein expressed, that she is the Chair of the Board of Commissiane~s for grange County, and that by authority duly given and as the act of such entity, she signed the foregoing instrument in its name o~ its behalf as its act aid deed. ITi T 'YTNE~ S HEREOF, ~ ha~re hereunto set my hard and Nata~al Seal, this the day of , 20 {SEA~~; ` NDRTH C.A.t~DLrNA Notary Publ M Can~isslar~ Expires; . ~~ ~ _- Y - ~1~~Vl~ P_ COt~~TY ,. ~ . I, the undersigiaed Notary Public of County and the State of North Carolina, certify that Eric J. I'etersan, personally came befare me this day and acknowledged the due execution of the foregoing inst~uent far the p~uposes therein expressed, that he is the Town Manager of the Tom of Hillsborough, and that by authority duly given and as the act of such entity, he signed the faregatng instrument in its Warne ova its behalf as its act and decd. IN WITNESS w~EFi.E~F I have hereunto set m hand and Notarial Seal, this the day of , ~~ U . { 6 ryT ~~ py 4;~5?7 ~~ y i i :Ti .a S~~ 0 A ~ Cib~~L .~F 5{ ti ~~ ~~'`~ Commission Expires: ~~~ ~~ {Permit not valid unless fully executed and recorded} Page 4 aft