Board approves rezoning, development agreement for 715 US‑70 East after court settlement

The Hillsborough Board of Commissioners approved a rezoning and development agreement for 715 US Highway 70 East, converting approximately 13.4 acres previously designated for assisted living neighborhood to multi‑family rental use with up to 67 attached dwelling units.

Jeff, a town staff presenter, outlined the terms: a 10‑year development agreement; up to 67 attached rental dwelling units (townhomes/attached units); private internal streets; a payment in lieu to the town’s affordable housing fund; construction of sidewalks along the US‑70 frontage; continuation of the perimeter walking trail and repair obligations for a pedestrian bridge over a stream; and town water and sewer service as soon as available but no later than June 30, 2028. The project will not subdivide lots and units will be rental rather than for sale.

Staff advised the board that the planning board had recommended approval and that the rezoning and agreement follow a recently signed consent order resolving prior litigation over the site. Bob, speaking for the town, said the court "signed a consent order authorizing and approving the settlement," and described the approval as a choice among imperfect options given litigation costs.

Commissioner Matt moved to adopt the attached rezoning ordinance, consistency statement and approve the development agreement; the motion was seconded and approved by voice vote. The board’s action implements the settlement terms and authorizes the development agreement as described in staff materials.

Next steps: the development agreement terms and final engineering will guide subsequent permitting and utility connections; town staff will oversee conditions in the agreement including affordable‑housing payment and infrastructure work.