Town of Swansboro Board of Commissioners November 28, 2017 Regular Meeting Minutes

Transcription

1 Town of Swansboro Board of Commissioners November 28, 2017 Regular Meeting Minutes In attendance: Mayor Scott Chadwick, Commissioner Pat Turner, Commissioner Roy Herrick, Commissioner John Lister, and Commissioner Frank Tursi. Mayor Pro Tem Phil Keagy was absent. Call to Order and Opening Prayer The meeting was called to order at 6:00 pm. Boy Scouts Den 3 was recognized for attending the meeting and led the pledge of allegiance. Mayor Chadwick gave the invocation. Mayor Pro Tem Keagy was excused from the meeting. His daughter was having a baby. Public Comment Citizens were offered an opportunity to address the Board regarding items listed on the agenda. Sherrie Meadows of 619 Sabiston Drive was concerned about runoff and potential flooding on Sabiston Drive if there was further development such as that proposed by Farm Bureau. Adoption of Agenda and Consent Items On a motion by Commissioner Tursi, seconded by Commissioner Herrick, the Agenda was approved by unanimous vote. Evidentiary Hearings and Public Hearing a. Special Use Permit - Bailey Center/800 Block W. Corbett Bailey and Fuller Properties, LLC., with permission of partial owner Jerry Gower, sought a Special Use Permit to construct three retail buildings at the 800 block of NC24. All who wished to present evidence were sworn in and the evidentiary hearing was opened for comment at 6:13pm. Planner Andrea Correll reviewed the Special Use request, site plan, architectural design, building elevations, and the criteria reviewed and recommended by the Planning Board. (All exhibits attached herein)

2 The property was zoned Zoning B1, listed as commercial in the Land Use Plan (LUP), and a minor subdivision of land would be required. The proposed structures would have brick architecture. Commissioner Tursi asked if the parcels had already been combined. A recombination would be done later, according to Andrea Correll. Commissioner Tursi inquired why the recombination would not come first. Andrea Correll informed that there was no requirement to do such first, but it could be listed as a condition if the Board felt strongly about it. Commissioner Turner asked if the loading dock behind Dollar Tree would be the only one. Chris Bailey confirmed there would be no other loading docks other than at the Dollar Tree. Commissioner Herrick inquired about the ingress/egress. Ingress to the property would be at the light signal and egress on Ireland Drive Attorney Charles Lanier informed that the Bailey Center re-design came following Bojangles pulling out from the original project (approved in 2016) which included the front and rear tract. The current project was smaller and moved closer to NC24, with less wetland impact, less traffic, and less stormwater run-off. Attorney Lanier read through the Planning Board recommendation and shared that modifications to any of the required state permits would be accomplished. Chris Bailey entered Exhibit 1A, a letter from Edward Hearn, PE., which indicated that natural infiltration would not be an option for stormwater disposal at this site. Subsurface conditions were poor and the groundwater was shallow. Mr. Bailey indicated that the landscaping plan would meet Town Ordinance regulations but would not divert to landscape islands. Tim Becker referenced Exhibit 9 whereby he certified that the property was not located within a special flood hazard area. His source FEMA Flood Map Number J dated November 3, Commissioner Tursi questioned whether the system would be designed for Class SA Waters so it would hold 4.5 inches of water. Mr. Becker indicated that the system would hold just below 4 inches when he ran the numbers in comparison to what was required versus what they would be providing the volume of cubic footage was 25% more. Commissioner Tursi stated that the state would allow a wet detention pond in a 404 wetland. Mr. Becker agreed but with a high-key wetland permit. Commissioner Tursi asked if the wetlands would have to excavated. Mr.

3 Becker said that it would and was part of the proposed modification to the permit with the wetlands. The Army Corp of Engineers would sign off on the entire development. Commissioner Tursi was concerned with the new discharge design toward the rear of the property exiting into the wetlands. He felt that the natural flow would exceed the standard 4 inches at any rain event. The stormwater permit had not been submitted to the state yet. Discharge would be to the rear of the lot, where the State had directed the design. Commissioner Tursi was concerned with the different elevations of the ditch at the rear of the property. David Syster of Southern Environmental Group Inc., stated that all wetlands had been surveyed. He entered Exhibit 2A replacing Exhibit 10. Susanne Nelson, Real Estate Appraiser indicated that there would not be any negative impact to adjoining properties referencing page 10 of Exhibit 11. Similar designs in other towns had no negative impact to surrounding properties and even encouraged adjacent properties to make improvements to their properties. Commissioner Lister indicated that it appeared the project was now more dense and compact. Attorney Lanier stated that the project was less compact than the prior project design. Commissioner Lister stated that with the prior project he had asked if Bojangles was really going to build with another Bojangles under construction in the neighboring town as it turned out Bojangles backed out. Attorney Lanier could not answer why Bojangles backed out other than the wetland design issues. Commissioner Turner inquired whether the 93 parking spaces was the required number, if not she would rather see more landscaping. Andrea Correll indicated that the developer would be required to meet the standards for both parking and landscaping. The hearing was closed at 6:45 pm. Board members found the Planning Board recommendation and following facts based on the criteria provided in UDO Article 12-1, including the statement of consistency (Exhibit 12 of the agenda item) to be in keeping with the spirit of the ordinance. A. The special use was allowed pursuant to Article 10-10, Table of Permitted/Special Uses and 12-1 of the UDO. Requirements stated within Section 12-2 did not apply to this project.

4 B. There was no evidence to indicate that the special use would materially endanger the public health or safety if located where proposed and developed according to the plan submitted. Licensed professionals charged with protecting the public welfare, health and safety would be responsible for designing and permitting both building plans and civil/site development plans. C. There was no evidence that the special use would substantially injure the value of adjoining or abutting property. The sealed appraiser s report (Exhibit 11) documented there would be no impact to adjoining or abutting property values. A traffic impact analysis would be required and a memorandum from the Town s Traffic Engineer was provided as Exhibit 7. Commissioner Tursi felt that if the stormwater design would not work, the Town was asking for flooding issues there did not appear to be clear access to the creek, which he felt would result in someone s property being devalued. Clarification was given that if the design failed, the engineer and state would have to redesign it. D. The proposed development would be located within the B1 zoning district. The location and character of the special use, if developed according to the plan submitted, was found to be in harmony with the area in which it was to be located. The special use was found to conform to the Land Use Plan. The CAMA Land Use Plan depicts these parcels as Commercial. The proposed architecture is in keeping with the Gateway Vision Plan. E. All conditions outlined in the Technical Review Committee response (Exhibit 3 to be attached to the Special Use Permit) must be addressed before site plan approval. Commissioner Lister stated that this project was listed as phase 1, what would phase 2 be. Phase 2 was unknown, but would require a separate Special Use Permit process. On a motion by Commissioner Turner, seconded by Commissioner Herrick, the Special Use Permit for the Bailey Center was granted with conditions stated in Exhibit 3 by a 3:1 vote. Ayes: Lister, Turner, Herrick Noes: Tursi Commissioner Tursi stated that he could not vote in favor of the request because he was not convinced that the stormwater design would not injure the adjoining properties. State regulations do not allow wetland mitigation assignment.

5 b. Special Use Permit Farm Bureau/621 Sabiston Drive Onslow County Farm Bureau sought a special use permit for 621 Sabiston Drive to construct a 12-space commercial parking lot for its employees. Future plans to expand the Farm Bureau by 2,000 square feet would allow for additional employees, but required additional parking. On a question from Mayor Chadwick, Attorney Parson indicated that those that wished to provide opinions or competent evidence on the case could do so separately from the evidentiary hearing. All who wished to present evidence and opinions were sworn in and the evidentiary hearing was opened at 6:59 pm. Planner Andrea Correll reviewed the Special Use request, site plan, and the criteria reviewed and recommended by the Planning Board. The property was zoned R6SF and adjacent to the existing Farm Bureau property. (All exhibits attached herein) Those providing opinions and/or competent evidence were: Sherwood Odum of Spring Street sought a 30-day extension on the vote. He informed that a petition opposing the change was being distributed. In addition, neighboring residents would appreciate all members of the Board being present, Mayor Pro Tem Keagy was absent. Tony DE Ricco of Sabiston Drive read the petition for the record and shared that many neighbors were highly opposed to the proposed use. Already the street had a high traffic volume. The petition already had 40 signatures and it was just started at 4pm. A copy of the petition was provided to the Clerk. (Note: The petition subject was written as a request opposing a rezoning; the request was a special use permit request.) Wendy Farrington, licensed real estate agent and resident of Broad Street was concerned with noise, privacy, and stormwater run-off. Cathy Hewitt of Broad Street was concerned with additional run-off. Those residents who live on Broad Street had already spend thousands of dollars on equipment to address runoff from the construction of the existing Farm Bureau. She explained that the drainage ditch put in by the Town many years ago had not been maintained and did not address the run-off from that property.

6 Sherri Meadows of Sabiston Drive was an adjacent property owner shared that she had had to have work done to her property to handle run-off, what would happen with new development. Those providing evidence were: Edward Jordan, president of Onslow County Farm Bureau informed that all state permits would be obtained and adhered too. Farm Bureau wanted to be a good steward of the community and had been working with the Town since the Spring. Charles Rawls of Creekside Court and Hammocks Beach Road was hired to design seven (7) parking spaces. During discussion with the Town and Farm Bureau he learned that the two (2) large trees on the property would have to be removed and that Farm Bureau had future plans to expand their existing building. With expansion, the parking spaces increased to twelve (12). Farm Bureau wanted as little impact to the surrounding properties as possible. A 12 concrete culvert runs the length of the rear of the property. Farm Bureau planned to make improvements to that drain. Dave Newsome, project engineer stated that the property was exempt from the state stormwater permit requirements. An infiltration swale would be added at the left rear side of the property and add a constructed wetland area. He reiterated that improvements would be made to the 12 concrete swell. There were issues downstream from the property, but Farm Bureau was not responsible for that area. Commissioner Tursi asked why the project was exempt from stormwater requirements. Mr. Newsome indicated that the land disturbance was less than the criteria that would require the permit. Run-off from the property exits into shellfish waters, not SA waters. Commissioner Lister inquired if any treatment would be installed for the run-off. Mr. Newsome stated that a constructed wetland would be added. Exhibit 1A was added which gave a visual of the infiltration swale and constructed wetland areas. Commissioner Lister asked what the timeframe was for the new addition to Farm Bureau? Edward Jordan stated that the timeframe was undetermined. He also shared that Farm bureau was willing to allow the Town to utilize their parking lot during its off-hours for Town events. Mayor Chadwick asked Staff if they had received any calls regarding the maintenance of the ditch. Manager Chase had not personally taken any calls and would check with the Public Works Director on any calls and maintenance concerns mentioned.

7 Commissioners Turner and Herrick did not feel enough information was provided and there was too much opposition from adjoining property owners. Commissioner Tursi was hesitant, stating that the neighboring property owners were being asked to accept a parking lot in a residential area that was not even needed now since there was no timeframe on the construction of the new addition to Farm Bureau. Commissioner Lister was interested in resolution to the existing drainage issues before creating what could be more. On a motion by Commissioner Herrick, seconded by Commissioner Turner, the evidentiary hearing would be held open for further comment until the January 9, 2018 meeting. c. UDO Amendment Dimensional and Square Foot Requirements The purpose of the text amendments was to refine the UDO to be compliant with recent House Bill 255 and NCGS Both address the issue that it is unlawful for a building official to enforce requirements more stringent than or otherwise exceed the Code requirement. Planner Andrea Correll shared the Planning Board s recommendation to amend: Section 2.2 Definitions (177) Manufactured Home deleting the dimensional and square footage references; and Section 10-11: Note 13. Dwelling Over a Business (A) deleting the square footage requirement. Commissioner Lister indicated that the square footage requirement was put in place to prohibit someone from creating what one would consider a hotel room and renting it downtown. The public hearing was opened at 7:47pm. No comments were offered and the hearing was closed. On a motion by Commissioner Turner, seconded by Commissioner Herrick, to adopt Ordinance 2017-O13, the ordinance failed on its first reading by a 3:1 vote. Ayes: Turner, Herrick, Tursi Noes: Lister Attorney Parson noted that the current Ordinance was not enforceable as written and would have to be amended to comply with state law. A second reading would be required and would be added to the January 9 th, 2018 agenda.

8 Public Comments Citizens were offered an opportunity to address the Board regarding items not listed on the agenda. Lawrence Settle of Sabiston Drive commented that he had seen traffic changes on Sabiston Drive over the years. Sabiston Drive was becoming more commercialized since Town Hall moving at the corner of Sabiston and Church Street. The speed limit was 20 mph but should be lowered and or additional speed limits signs added. He suggested a four-way stop at Sabiston/Fifth Street and speed bumps. Mary Fielding enjoyed the Flotilla but was disappointed there was no handicap parking available at 5:45pm when she arrived. In addition, the police officers on duty knew nothing about the advertised handicap parking. When she arrived downtown, there were no spaces for handicap citizens to sit and view the Flotilla except for a space that was charging $5/person. When asked what the funds were for she was told the funds would go to the Parks and Recreation Department she inquired why this was not advertised? Lastly, there were no golf carts to assist handicap folks back up the hill to their vehicles. In response, Brittany Shipp, Parks and Rec Director shared that the Town had partnered with the Festival Committee and had seen tremendous growth at recent events. Shuttle services has been difficult to arrange for an event such as Flotilla and its short timeframe. Ticketed seating was provided by a private property owner who did offer funds as a donation to the Parks and Rec Department as a partnership. Manager s Comments Manager Chase shared information on the Wayfinding Signs, EPA 319 Grant, and the installation and closed out of the Duke Energy Grant for the Plug-in Electric Vehicle Station. * Wayfinding Signs Planning for the first set of signs (10) had been completed. A very rough draft design (photo below) was created and sent to a local sign company for final design. Points of interest and location of signs had been recommended by the Committee. The signs would include 3 points of destination and had been evaluated for their respective locations. DOT was awaiting the final specifications and dimensions for their approval as such was required within R.O.W. Specifications and dimensions were being developed by sign vendor for DOT s review.

9 * EPA 319 Grant - Awarded on July 7, 2017! Project included the onsite retrofit of stormwater for all existing and proposed buildings/parking. The project will include the design/construction of 40 new permeable parking spaces (photo above). The Town has completed purchase of property adjacent to Town Hall at 607 W. Corbett Avenue. The Town has been notified that in-kind expenditures and expenses should be kept and counted towards match. Removal of the structure should occur within the next week. * Duke Energy Grant for Plug-in-Electric Vehicle (PEV) station completed. Town to receive for full reimbursement within days for expenditures spent on project totaling $8, Board Comments Commissioner Turner shared what a great Flotilla the Town had last week. She was excited for the extra parking the Town would have next year with the proposed new parking plans at 607 W. Corbett Avenue. Commissioner Herrick thanked the Fire Department for providing the NC24 crosswalk during the Flotilla event. Commissioner Tursi was encouraged to see citizens attending meetings and being involved in issues that affected their community. Mayor Chadwick encouraged staff to work on better advertisement of handicap parking during events.

10 Closed Session On a motion by Commissioner Herrick, seconded by Commissioner Tursi, the Board entered closed session at 8:10 pm pursuant to NCGS (a) (3) to consult with the attorney under attorney-client privilege. The Board entered Open Session at 9:05pm. Mayor Chadwick noted that no action was taken. Adjournment On a motion by Commissioner Herrick, seconded by Commissioner Tursi the meeting adjourned at 9:05pm. Attest: Paula W. Webb, Town Clerk Approved by the Board of Commissioners: Scott Chadwick, Mayor

11 1. Please turn cell phones to off or vibrate. 2. The Board offers the public three opportunities to speak during the meeting: A comment period is offered and the beginning and end of the meeting. Please note that a separate opportunity is provided for those items requiring a public hearing. Evidentiary Hearing(s) There are two (2) evidentiary hearing(s) scheduled for this meeting. Public Hearing(s) There is one (1) public hearing(s) Scheduled for this meeting 3. Individuals making presentations or comments are asked to adjust the microphone as necessary and to speak directly into the microphone. Regular Meeting November 28,

12 1. Please turn cell phones to off or vibrate. 2. The Board offers the public three opportunities to speak during the meeting: A comment period is offered and the beginning and end of the meeting. Please note that a separate opportunity is provided for those items requiring a public hearing. Evidentiary Hearing(s) There are two (2) evidentiary hearing(s) scheduled for this meeting. Public Hearing(s) There is one (1) public hearing(s) Scheduled for this meeting 3. Individuals making presentations or comments are asked to adjust the microphone as necessary and to speak directly into the microphone. PUBLIC COMMENT Citizen opportunity to address the Board for items listed on the agenda. 2

13 AGENDA AND CONSENT ITEMS Action Needed: Motion to Adopt the Agenda as prepared Public Hearing Special Use Permit - Bailey Center/800 Block W. Corbett Bailey and Fuller Properties, LLC with permission of partial owner Jerry Gower seek a Special Use Permit to construct three retail buildings located in the 800 block of W. Corbett Avenue. Action Needed: 1) Hold the Evidentiary Hearing; and 2) Consider the evidence/sworn testimony and approve or deny the Special Use Permit based upon the criteria provided in Article 12-1 to include a statement of consistency, which is in keeping with the spirit of the ordinance. Presenter: Andrea Correll, AICP/Planner 3

14 The Bailey Center is proposed to be located in the B-1 zoning district (Figure 1 below). Figure 1 Town of Swansboro Zoning Map The CAMA Land Use Plan depicts the parcel as commercial (Figure 2 below). The commercial uses proposed are consistent with the CAMA Core Land-Use Plan. 4

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18 VERIZON Side Elevation VERIZON Front Elevation 8

19 DOLLAR TREE Front Elevation DOLLAR TREE Side Elevation 9

20 SHOPS Front Elevation SHOPS Side Elevation 10

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22 In accordance with Article 12-1 of the UDO, the Planning Board recommends approval with certain conditions: A. The special use is allowed pursuant to Section 12-1 and meets all the required conditions and specifications, including without limitation, those set out in Section The special use is allowed per Article 10, Section 10-10, Table of Permitted/Special Uses. The requirements of Section 12-2 do not apply. B. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. Licensed professionals charged with protecting the public welfare, health and safety will be responsible for designing and permitting both building plans and civil/site development plans. 12

23 C. The special use will not substantially injure the value of adjoining or abutting property. OR the special use is a public necessity. The sealed appraiser s report documented there will be no impact to adjoining or abutting property values. A traffic impact analysis was required and a memorandum from the Town s Traffic Engineer is attached as Exhibit 7. D. The location and character of the special use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is located. The special use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address impacts of the project as required by GS 160A- 382(b). The property is located in the B-1 zoning district. The CAMA Land Use Plan depicts these parcels as Commercial. The proposed architecture is in keeping with the Gateway Vision Plan. E. Upon the issuance of any special use permit, the Board of Commissioners shall consider whether it is necessary or appropriate to affix conditions thereto for the purposes of protecting neighboring properties and/or the public interest assuring that the use is harmonious with the area, and ensuring that the use is consistent with the spirit of the ordinance, and shall affix to such permit such reasonable and appropriate conditions as it finds are necessary for any of those purposes. If any conditions affixed to any special use permit or any part thereof is held invalid by any competent authority, then said special use permit shall be void. 1. All conditions outlined in the TRC response found in Exhibit 3 must be addressed before site plan approval. 13

24 Bailey SUP TOWN OF SWANSBORO PLANNING AND ZONING BOARD STATEMENT OF CONSISTENCY On November 6, 2017, the Town of Swansboro Planning and Zoning Board reviewed the Special Use Permit. As a Special Use in the B-1 zoning district is generally consistent with the current Comprehensive Plan as well as its Future Land Use Classification (Commercial) and other applicable adopted plans and policies, including but not limited to the Gateway Vision Plan. Public Hearing Special Use Permit - Farm Bureau/621 Sabiston Drive Onslow County Farm Bureau seeks a special use permit for 621 Sabiston Drive to construct a 12-space commercial parking lot for its employees. Future plans to expand the Farm Bureau by 2,000 square feet will allow for additional employees but require additional parking. The property is zoned R6SF and adjacent to the existing Farm Bureau. Action Needed: 1) Hold the Evidentiary Hearing; and 2) Consider the evidence/sworn testimony and approve or deny the Special Use Permit based upon the criteria provided in Article 12-1 to include a statement of consistency, which is in keeping with the spirit of the ordinance. Presenter: Andrea Correll, AICP/Planner 14

25 Expanded Overview: The Farm Bureau proposed parking lot is located in the R-6SF zoning district. (Figure 1 below). Figure 1 - Town of Swansboro Zoning Map The CAMA Land Use Plan depicts the parcels as medium residential (Figure 2 below). Figure 2 - Town of Swansboro Land Use Plan Future Land Use Map 15

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27 In accordance with Article 12-1 of the UDO, the Planning Board recommended approval with certain conditions: A. The special use is allowed pursuant to Section 12-1 and meets all the required conditions and specifications, including without limitation, those set out in Section The special use is allowed per Article 10, Section 10-10, Table of Permitted/Special Uses. The requirements of Section 12-2 do not apply. B. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. Licensed professionals charged with protecting the public welfare, health and safety will be responsible for designing and permitting both building plans and civil/site development plans. C. The special use will not substantially injure the value of adjoining or abutting property. OR the special use is a public necessity. The sealed appraiser s report documents there is no impact to adjoining or abutting property values. D. The location and character of the special use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is located. The special use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address impacts of the project as required by GS 160A- 382(b). The site is identified as medium density residential. The corresponding zoning districts are R-6SF, R- 8SF, R-15SF and R-10SF. In the R-6SF may be seven to eight dwelling units an acre. The development of twelve parking spaces with the required vegetative and fence buffers can be development as an appropriate transitional land use. 17

28 E. Upon the issuance of any special use permit, the Board of Commissioners shall consider whether it is necessary or appropriate to affix conditions thereto for the purposes of protecting neighboring properties and/or the public interest assuring that the use is harmonious with the area, and ensuring that the use is consistent with the spirit of the ordinance, and shall affix to such permit such reasonable and appropriate conditions as it finds are necessary for any of those purposes. If any conditions affixed to any special use permit or any part thereof is held invalid by any competent authority, then said special use permit shall be void. 1. All conditions outlined in the TRC response found in Exhibit 3 must be addressed before site plan approval. However, it should be noted that the two canopy trees in the middle of the property will be removed. 2. The Planning Board desires the use of Low Impact Designs and techniques for stormwater management that will keep the character of the surrounding residential neighborhood. Farm Bureau SUP TOWN OF SWANSBORO PLANNING AND ZONING BOARD STATEMENT OF CONSISTENCY On November 6, 2017, the Town of Swansboro Planning and Zoning Board reviewed the Special Use Permit. As a Special Use in the R6-SF zoning district for a commercial employee parking lot with the recommended conditions is generally consistent with the current Comprehensive Plan as well as its Future Land Use Classification (Commercial) and other applicable adopted plans and policies, including but not limited to the Gateway Vision Plan. 18

29 Public Hearing UDO Amendments - Dimensional and Square Foot Requirements The purpose of these text amendments is to refine the UDO to be compliance with recent House Bill 255 and N.C.G.S , which both address the issue that it is unlawful for a building official to enforce requirements more stringent than or otherwise exceed the Code requirement. Action Needed: 1) Hold the Public Hearing; and 2) Motion to adopt Ordinance 2017-O13 effectively amending the Unified Development Ordinance (UDO) to enable the referenced section to be compliance with recent House Bill 255 and NC G.S Further finding that the proposed amendments are reasonable and in the public interest because it provides structure for Town staff to proactively address issues related to impacts caused by new development in order to protect the health, safety, and welfare of the Town s residents. Presenter: Andrea Correll, AICP/Planner On November 6, 2017, the Planning Board heard the requested text amendments and recommended unanimous approval of amendments to the following sections of the Unified Development Ordinance to not be in conflict with the NC State Building Code: Section 2.2 (177) deleting dimension and square footage requirements. Section Note 13 (A) deleting square footage requirements. The Town s Planning Board finds that the proposed amendments are consistent with the current Comprehensive Plan and other applicable plans and policies, including, but not limited to, the Gateway Vision Plan, and considers the action taken to be reasonable and in the public interest because it provides the structure, for Town staff to proactively address issues related to impacts caused by new development in order to protect the health, safety, and welfare of the Town s residents. 19

30 Section 2-2: Definitions of Basic Terms (177)Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems contained herein. Manufactured home includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq. Section 10-11: Notes to the Table of Permitted/Special Uses/Conditional Zoning Districts (CD) Note 13. Dwelling Over a Business. Following the date of the adoption of this Ordinance, multiand single-family residential when limited to the following conditions: A. Minimum non-ground level building floor area of 800 square feet per residential unit. This exceeds the minimum building code. 20

31 PUBLIC COMMENT Citizen opportunity to address the Board. MANAGER S COMMENTS J. Scott Chase, Town Manager 21

32 BOARD COMMENTS Mayor Scott Chadwick Mayor Pro Tem Phil Keagy Commissioner John Lister Commissioner Pat Turner Commissioner Frank Tursi Commissioner Roy Herrick CLOSED SESSION Pursuant to N.C.G.S (a)(3) to consult with the attorney under the attorney-client privilege. 22

33 ADJOURN 23