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2010-12-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 85 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 6, 2010, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION,PLEDGE OF ALLEGIANCE AND NATIONAL ANTHEM Reverend Steve Hein, St. Andrews-Covenant Presbyterian Church, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag and Aaron Lazar sang the National Anthem. APPROVAL OF MINUTES Chairman Thompson requested a motion to approve the minutes of the following meetings: Agenda Review Meeting held on November 10, 2010 Regular Session Meeting held on November 15,2010 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the minutes as presented by the Clerk to the Board. Upon vote,the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF APPRECIATION GIFTS TO COMMISSIONERS CASTER AND GREER Chairman Thompson, on behalf of the Board, made a presentation to Commissioners Caster and Greer in recognition of their service to New Hanover County. He expressed appreciation to them for the time and effort given to serve in this capacity and for the outstanding manner in which they had served the citizens of New Hanover County. Commissioners Caster and Greer expressed appreciation to the citizens of New Hanover County, their fellow members of the Board,and County staff. OATHS OF OFFICE ADMINISTERED North Carolina House of Representative Carolyn H. Justice administered the Oath of Office to Commissioner Brian M.Berger. District Court Judge Sandra Ray Criner administered the Oath of Office to Commissioner Richard G. Catlin. Commissioners Berger and Catlin offered comments to the audience thanking the voters for electing them and vowing to serve the citizens of New Hanover County to the best of their ability in their role as County Commissioner. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIII,Page 23.1. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; Commissioner Ted Davis,Jr.;and Commissioner Jason R. Thompson. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Davis nominated Commissioner Barfield for Chairman of the Board of County Commissioners. Commissioner Berger seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: The Board voted unanimously to elect Commissioner Barfield to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Davis nominated Commissioner Thompson for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Barfield seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 86 Vote: The Board voted unanimously to elect Commissioner Thompson to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Chairman Barfield recognized Commissioner Thompson for serving as Chairman during the past year. BREAK Chairman Barfield called for a break from 6:50 p.m.until 7:15 p.m. BOARD SEATED FOR 2010-2011 Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Commissioner Catlin requested Consent Agenda Item 4 be removed for clarification on the use of 911 Surcharge Funds. Hearing no further comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve Consent Agenda Items 1-3 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. Budget Director Cam Griffin clarified that the request to use 911 Surcharge Funds was on the Regular Agenda not the Consent Agenda. Based on that clarification, Chairman Barfield requested a motion to approve Consent Agenda Item 4. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve Consent Agenda Item 4 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Code of Ethics Resolution—Legal Department The Commissioners, pursuant to General Statute 160A-86, adopted the code of ethics resolution to guide the Board in its decision-making duties. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 23.2. Adoption of Bond Approval Resolution—Legal Department The Commissioners, pursuant to General Statute 58.72-70, adopted the resolution verifying that the surety bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector is adequate and in full force and effect. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 23.3. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax Department The Commissioners accepted the following Tax Collection Reports as of October 31,2010. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIII,Page 23.4. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-111 -Emergency Management&911 Communications 11-114-Emergency Management&911 Communications 11-115 -Health 11-116-Health Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 23.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 87 REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION SUPPORTING THE DESIGNATION OF AIRLIE ROAD AS A NORTH CAROLINA SCENIC BYWAY Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented the request for the Board's consideration to adopt the resolution supporting the designation of Airlie Road as a North Carolina Scenic Byway. The North Carolina Department of Transportation has designated 54 scenic byways. The scenic byway designation recognizes roadways for their archaeological, cultural, historic, natural, recreational and/or scenic qualities. Total length of the proposed Airlie Road Scenic Byway is 1.5 miles. In response to Board questions,Mr.Kozlosky reported that he does not believe that traffic will increase due to the designation but that the designation may increase the opportunity to obtain funding for road improvements. The designation will not affect any future land use plans. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution supporting the designation of Airlie Road as a North Carolina Scenic Byway. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 23.6. APPROVAL OF USE OF 911 SURCHARGE FUNDS IN ACCORDANCE WITH NEW LEGISLATION AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-108 Budget Director Cam Griffin presented the request for the Board's consideration to approve the use of 911 Surcharge Funds in accordance with new legislation and adoption of Budget Ordinance Amendment 11-108. Recent State legislation is providing counties with a one-time opportunity to spend current 911 Emergency Fund Balance. Fifty percent of funds in the Emergency Telephone System Fund may be used to provide for public safety needs, including expenditures that are not eligible under other 911 legislation. The expenditures must be made in fiscal year 2010-2011 and 2011-2012;fifty percent of the fund balance is$1,149,253. The Legislature will also reduce the amount of future distributions if the fund balance exceeds 20%of the prior two-year average, which is approximately$194,000. The total of requested funds from the Sheriff's Office and Emergency Management and 911 Department is in the amount of$2,383,047; of this amount, $1,900,561 would be appropriated from the Emergency Telephone System fund balance with the remaining amount of $482,486 to be appropriated from an increase in budgeted surcharge revenues for this year. With the approval of Budget Ordinance Amendment 11-108 the Emergency Telephone System Fund fund balance would be in the amount of$397,946.96. Although the projected fund balance is above the new 20% allowable amount, the recommended expenditures will fund needed items and reduce fund balance. In response to Board questions, Director Griffin clarified that some of the requested items were cut out of the budget request and the use of these one-time funds will allow the purchase of needed items without using monies from the general fund. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the use of 911 surcharge funds as presented and adoption of Budget Ordinance Amendment 11-108. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 23.7. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY H. PHILLIP BERMAN TO REZONE 3.05 ACRES OF PROPERTY LOCATED AT 5200 CASTLE HAYNE ROAD FROM R-20 RESIDENTIAL TO B-2 COMMERCIAL DISTRICT(Z-907,11/10) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planner Nicole Dreibelbis presented the request by H. Phillip Berman to rezone approximately 3.05 acres of property located at 5200 Castle Hayne Road from R-20 Residential to B-2 Commercial District and presented a slide overview of the request. Zoning to the north of the subject property is zoned B-2 and additional commercial zoning is present west of the site, directly across Castle Hayne Road, therefore the B-2 zoning would expand the current highway business zoning. The site is not currently served by public water or sewer. Staff feels the request is consistent with the 2006 CAMA Land Use Plan and recommends approval. At the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 88 Planning Board's November 4, 2010 meeting, they voted 5-0 to recommend approval of the rezoning. One residential adjacent property owner, south of the site, spoke at the Planning Board meeting about his desire to limit commercial uses adjacent to his residence. Chairman Barfield asked if anyone from the public wished to speak in favor of the request. H. Phillip Berman,the Petitioner,presented the request to rezone the property from R-20 to B-2 stating that it is in-line with the use of the neighboring property. Mr. Berman confirmed that he wished to proceed with the request. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by H. Phillip Berman to rezone approximately 3.05 acres of property located at 5200 Castle Hayne Road from R-20 Residential to B-2 Commercial District finding that the request is: 1) consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to commercial uses within close proximity to the markets they serve and ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. The rezoning of this property would also be consistent with the Castle Hayne Plan, as the property is identified as commercial on the Castle Hayne Land Use map; and 2)reasonable and in the public interest to rezone 3.05 acres at 5200 Castle Hayne Road from R-20 Residential to B-2 Highway Business to allow a transition of land use from a low density residential district along an arterial roadway to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY,NORTH CAROLINA, ADOPTED July 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book 11, Castle Hayne Section, Page 26.1. PUBLIC HEARING AND DENIAL OF REZONING REQUEST BY THOMAS H. JOHNSON WITH NEXSEN PRUET, AND RYAN FOSTER WITH FLOURNOY DEVELOPMENT, ON BEHALF OF BAYSHORE ESTATES,INC,TO REZONE 26.61 ACRES OF PROPERTY LOCATED AT 7910 MARKET STREET FROM B-2 COMMERCIAL DISTRICT AND R-15 RESIDENTIAL DISTRICT TO CD (R-15) CONDITIONAL DISTRICT FOR THE PURPOSE OF DEVELOPING A HIGH DENSITY 270-UNIT APARTMENT COMPLEX(Z-908,11/10) Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe Tom Johnson Ryan Foster Jack Reel Dana Lutherman Earl Worsley Mike Kozlosky Donna Judson Derrick Matthews Susan Bachman Bill Cameron Senior Planner Jane Daughtridge reported that Thomas H. Johnson, Jr. with Nexsen Prnet,and Ryan Foster with Flournoy Development, on behalf of Bayshore Estates, Inc., are requesting to rezone approximately 26.61 Acres of property located at 7910 Market Street from B-2 Commercial District and R-15 Residential District to CD (R-15) Conditional District for the purpose of developing a high density 270-unit apartment complex and presented a slide overview of the request. The property is accessed from Market Street and Marsh Oaks Drive and is bordered on the north and west by Marsh Oaks Drive, Market Street and an outparcel containing commercial uses. To the east is a combination of townhomes and single family dwellings. Traffic counts on Market Street, slightly north of the proposal between Sweetwater Drive and Market Street,have decreased from 38,689(2009)to 34,850 (2010).Market Street has a 2007 LOS of F, meaning traffic counts exceed the capacity of the roadway by a multiplier of two or more. A comprehensive study of the Market Street Corridor has recently been completed and is now filtering into the decision-making process. If adopted, the study recommendations provide for better coordination of transportation and land use in the corridor to increase safety and improve the character of the corridor. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 89 proposed project is located in a designated"focus area" within the study, however, staff did not rely on the study in the analysis because it has yet to be officially endorsed. The owner intends to subdivide the property to create an independent commercial parcel of 3 acres at the intersection of Market Street and Marsh Oaks Drive. The remaining 26.61 acres are proposed to be developed into a high density apartment development. The Concept Plan shows 270 units total, consisting of a combination of ninety-four one bedroom; one hundred-thirty two bedroom; and forty-six three bedroom. Anticipated build out of the project is 2014. The infrastructure to support the project is not yet in place. The Petitioner proposes to connect the development to the Country Haven Pump Station; however, until current pump station upgrades are completed, additional capacity will not be available;the upgrade is scheduled to be completed in the summer of 2011. A traffic impact analysis(TIA)indicates trip generation of approximately 1,760 vehicles per day, with a.m. peak hour trips at 136 and p.m. peak hour traffic around 166 vehicles. At build-out, the analysis projects level of service (LOS) for westbound traffic at the intersection of Marsh Oaks and Market Street to experience a change from LOS D to E in both the morning and evening peaks hours. Other directional flows maintain LOS C or above at build-out. Required improvements outlined in the approval of the TIA include: 1. Construction of a northbound right-turn lane on Market Street with 100 feet of full storage with 50 feet of deceleration and taper to accommodate the proposed Market Street drive; 2. Construction of a concrete median island on Market Street for a distance of approximately 950 feet from the intersection of Market Street/Marsh Oaks Drive and an additional 75 feet of painted island on Market Street; 3. Provide additional pavement near Mendenhall Drive to accommodate southbound a-turn movements; 4. Provide right-of-way dedication for the right turn lane;and 5. Combine the two site driveways into a single access. Staff supports the rezoning portion of the request because changing the strip of B-2 commercial to R-15 residential use is not in conflict with County land use policies and because the additional acreage is needed in that location to provide adequate access to Market Street with the least impact to wetlands and to Marsh Oaks Drive for important secondary access. At the Planning Board's November 4, 2010 meeting, they voted 5-0 to recommend approval of the CD R- 15 rezoning. Several residents of neighboring subdivisions, including Bay Shore Estates, Marymount Townhomes, and Marsh Oaks, spoke in opposition, citing traffic and safety concerns, as well as storm water and future buffering concerns,lighting,and potential smells from the trash compactor. In response to Board questions concerning traffic impact Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky explained that there are two different Levels of Service, planning and engineering. The impact of the proposed project,based on the engineering criteria,predicts that the Level of Service at the intersection of Market Street and Marsh Oaks Drive, in the morning and evening peak hours, will decrease from a D to an E;the planning Level of Service will be an F. Once the required improvements are completed traffic will maintain the current level of service. Chairman Barfield asked if anyone from the public wished to speak in favor of the request. In response to Board questions Attorney Tom Johnson, on behalf of the Petitioners, confirmed that they concur with the findings of facts and staff recommendations as presented. Attorney Johnson continued with an overview of the request highlighting that the project meets the criteria of the CAMA Land Use Plan and the high- density development is an appropriate transition. Extra meetings were conducted with the neighbors beyond the requirement and the project will cause minimal impact and will have no adverse impact on adjoining property values. The buffer will include existing vegetation,an existing fence and additional landscape buffers. Earl Worsley, Jr., Real Estate Appraiser and Counselor on behalf of the Petitioners, stated that it is his professional opinion that the proposed project will not affect the property values of adjoining property. Attorney Johnson added that the existing buffer will remain in place and additional landscaping will be planted to address privacy concerns. Jeff Ingram, Professional Traffic Operations Engineer with Thomas &Hutton on behalf of the Petitioners, stated that according to their study at project build-out the Level of Service would be acceptable in 2014. There will be a right-in and right-out only on Market Street. There will not be any construction traffic on Marsh Oaks Drive. It was observed that at every cycle change, the queue cleared, rarely was there any queues in the right turn lane as drivers can turn right on red. The signal light functions as it should with priority given to traffic on Market Street. Side streets are expected to operate at lower Level of Service. The signal timing could be adjusted to address traffic in the queue. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Donna Hudson, resident of Marymount Subdivision, submitted into the record a petition signed by 43 neighbors and voiced her concern on public safety issues and the impact the proposed project will have on their NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 90 property values. The location and character of the use is not in harmony with their area. She requested that if the project is approved the following changes be made to increase the buffer, relocate the trash compactor and relocate buildings 10 and 11 closer to Market Street. Derrick Matthews, resident of Marymount Subdivision and Homeowners Association President,voiced his concern with the proposed project requesting the buffer be increased and buildings 10 and 11 be relocated. Susan Bachman,resident on Goldeneye Court,voiced her concerns that the proposed project will injure the property values of the existing properties,will change their environment, and is not in harmony with the surrounding area. In rebuttal comments, Attorney Johnson stated that to address public safety concerns they are doing what the Metropolitan Planning Organization requires. A 50-foot buffer will be in place, the plan has clustered as many buildings in the center area as possible and is a good apartment project and compliments what is already there. Adjustments have been made to address the concerns of the neighbors. In response to Board questions concerning the additional buffer requirement for R-15 on the adjoining B-2 property, Attorney Johnson confirmed that they have met with the property owners and have supplied them with a written commitment that they are satisfied with. In respond to Board questions, Director O'Keefe confirmed that the Board has the authority to include an opacity buffer requirement. In response to Board questions, adjoining B-2 property owner Bill Cameron confirmed that the Petitioner has given him a letter stating that they would work with him in an effort to get a text amendment or other variance for the additional buffer requirements. His parcel is the only adjoining property that is not developed. In response to Board questions concerning the traffic to the existing commercial businesses, Director Kozlosky reported that the Petitioner, as part of the required improvements, will need to provide additional pavement to accommodate U-turn movement. In response to Board questions concerning the gated entrance and emergency vehicle access, Ryan Foster with Flournoy Development Company, stated that emergency vehicles will have a code which will allow them access through the gate. In response to Board questions, Attorney Johnson stated that there is a car wash included on the plan but it is not more than two bays with hoses. In rebuttal comments, Ms. Hudson requested that if the project is approved buildings 10 and 11 be relocated closer to Market Street. In rebuttal comments, Ms. Bachman expressed her concern on the length of time it will take for the tree buffer to grow as tall as the proposed three story buildings. BREAK Chairman Barfield called for a break from 9:00 p.m.until 9:08 p.m. Hearing further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. After a brief question and answer period concerning traffic issues, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to approve the request by Thomas H. Johnson,Jr.with Nexsen Prnet,and Ryan Foster with Flournoy Development,on behalf of Bayshore Estates,Inc.,to rezone approximately 26.61 Acres of property located at 7910 Market Street from B-2 Commercial District and R- 15 Residential District to CD (R-15) Conditional District finding that the request is: 1) consistent with the purposes and intent of the Transition and Resource Protection classification in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to rezone 5.5 acres of B-2 commercial property and combining it with 21.1 acres of R-15 residential property in order to develop 270 high density residential apartment units when all infrastructure connections and improvements are installed. Upon vote, the MOTION FAILED 2 TO 3. Vice- Chairman Thompson and Commissioners Berger and Davis voted in opposition. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENTS TO SECTIONS 20,41-1,52-4 OF NEW HANOVER COUNTY'S SUBDIVISION ORDINANCE BY INCORPORATING SPECIFIC LANGUAGE, ROAD PROFILES,AND DESIGN STANDARDS FOR PRIVATE STREETS(A-387) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Subdivision Review Planner Sam Burgess presented the request by the Technical Review Committee to amend Sections 20, 41-1, and 52-4 of New Hanover County's Subdivision Ordinance by incorporating specific language,road profiles and design standards for private streets. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 91 A Private Road Task Force Committee composed of several County departments, NCDOT, Wilmington Metropolitan Planning Organization, and interested stakeholders have been working on a series of proposed guidelines that will enable land planners, engineers, landscape architects, and surveyor's flexibility in designing new site plan proposals that incorporate private streets. The intent on developing private street language provides a clear delineation between public and private streets, maintenance responsibilities, reduction of impervious surface, and minimizes the elimination of significant trees through flexible geometric street standards. The proposed amendments are as follows: • Revise Portions Article II, Section 20-Definitions • Language Adjustments Article IV, Section 41-1- Specific Requirements • Language Re-Write Article V, Section 52-4—Streets(Public&Private Standards) • Add Article VIL Appendices&Certificates - Matrix Table: Private Road Design Standards - Private Street Cross Section(standard detail) - Private Street Cul-de-Sac(standard detail) - Private Street Turn-Around(standard detail) At the Technical Review Committee's August 25, 2010 meeting, they voted 5-0 to endorse the amendments. At the Planning Board's October 7, 2010 meeting, they voted 5-0 to recommend approval of the amendment with language modification that has been added to Section 52-4. Three people spoke in support of the amendments. Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve amending Sections 20, 41-1, and 52-4 of New Hanover County's Subdivision Ordinance by incorporating specific language, road profiles and design standards for private streets as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the Subdivision Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 23.8. PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE VI AND VII OF THE ZONING ORDINANCE TO ALLOW FOR THE ESTABLISHMENT OF FARMERS' MARKETS AND PRODUCE STANDS UNDER CERTAIN CONDITIONS (A-389) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request to amend Article VI and Article VII of the Zoning Ordinance to allow for establishment of farmers' markets and produce stands under certain conditions. The current ordinance allows such uses in commercial zoning districts subject to normal commercial standards or on residential properties when the products are grown on the same site. At the Planning Board's October 7, 2010 meeting,they voted 5-0 to recommend approval of an amendment requiring standards for farmers markets or produce stands in residential districts. No one from the public spoke on this item. Staff recommends amending the zoning ordinance to add the following definitions and the related articles as follows: • Farmers Market: a collective enterprise selling directly to the public and operated under a unified set of management guidelines and restrictions, concentrated in a single location, and leasing or otherwise assigning spaces to growers/producers who personally sell fresh produce and related farm products locally grown off site. • Produce Stand: a single-vendor enterprise established to sell a variety of farm products directly to the public in a single location for one or several off site growers. • ARTICLE VI SUPPLEMENTARY STANDARDS - Section 61-5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts • ARTICLE VII PROVISIONS FOR USES ALLOWED AS SPECIAL USES - Section 72-40 Farmers Markets or Produce Stands in Residential Zoning Districts Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve the request to amend Article VI and Article VII of the Zoning Ordinance to allow for establishment of farmers' markets and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 92 produce stands under certain conditions as presented finding that the request is: 1) consistent with the purposes and intent of policy 5.7 and others adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to create a set of standards regulating farmers markets and produce stands located in residential zoning districts. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 23.9. PUBLIC HEARING AND APPROVAL TO RENAME NEW ROAD TO NEW JACK ROAD AND REASSIGN MAILING ADDRESSES (SN-1 12,11/10) Chairman Barfield opened the Public Hearing and asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess presented the request to rename New Road to New Jack Road and reassign mailing addresses located between Whipporwill Lane and Channel Haven Drive east of the 400 block of Masonboro Loop Road. Most of the street is unimproved and is approximately 630 feet in length. Residents who live along the street were given the opportunity to choose an unduplicated name and a majority of residents were in agreement with New Jack Road. Emergency 911 has approved the proposed street name. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request to rename New Road to New Jack Road and reassign mailing addresses as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII, Page 23.10. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. ADDITIONAL AGENDA ITEM APPROVAL OF ACQUISITION OF APPROXIMATELY 63 ACRES OF PROPERTY WITH PARK BOND FUNDS TO EXPAND CASTLE HAYNE PARK Director of Parks, Gardens and Senior Resources Jim McDaniel presented the request for the Board's consideration to acquire additional acreage adjacent to Castle Hayne Park using park bond funds. The properties adjoin the Castle Hayne Park and will provide future park expansion of 63 acres at a total cost of $1,410,000 providing road frontage and additional access to the park. Currently there is approximately $4.8 million in park bonds designated for northern park development. If approved,the additional acreage will resolve the need for more park space in the northern area of the County. In response to Board questions, Director McDaniel reported that approximately$4.8 million in park bonds is earmarked for northern park space. The balance of the earmarked park bond funds, above the $1,410,000 acquisition price,will be applied to the development of the park. The option to purchase expires shortly. In response to Board questions, Director McDaniel reported that the use of the park bonds will not jeopardize other park projects confirming that there is$500,000 in park bond funds earmarked for Battle Park which is in the southern portion of the County. In response to Board questions, Tom Radewicz, Castle Hayne resident and leader of the effort to incorporate, confirmed that he supports and recommends the expansion of the Castle Hayne Park. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the purchase of approximately 63 acres of property for the expansion of Castle Hayne Park with funds in the amount of$1,410,000 allocated from Park Bond funds as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. APPROVAL TO RECONSIDER AND CONTINUE CONDITIONAL REZONING REQUEST BY THOMAS H. JOHNSON WITH NEXSEN PRUET, AND RYAN FOSTER WITH FLOURNOY DEVELOPMENT, ON BEHALF OF BAYSHORE ESTATES, INC, TO REZONE 26.61 ACRES OF PROPERTY LOCATED AT 7910 MARKET STREET FROM B-2 COMMERCIAL DISTRICT AND R-15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 6,2010 PAGE 93 RESIDENTIAL DISTRICT TO CD (R-15) CONDITIONAL DISTRICT FOR THE PURPOSE OF DEVELOPING A HIGH DENSITY 270-UNIT APARTMENT COMPLEX(Z-908,11/10) Vice-Chairman Thompson stated that due to concerns about the complexity of Regular Agenda Item 8 according to the Rules of Order he would like the Board to reconsider the item and offered the following motion: Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to reconsider Regular Agenda Item 8. Upon vote,the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Thompson stated that in order to allow additional time for staff, the Petitioners and property owners to work toward a compromise on the density issue and address traffic concerns he offered the following motion: Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to continue Regular Agenda Item 8 -Public Hearing: Conditional Rezoning Request by Thomas H. Johnson, Jr. with Nexsen Prnet, PLLC and Ryan Foster with Flournoy Development, on Behalf of Bayshore Estates, Inc., to Rezone 26.61 Acres at 7910 Market Street from B-2 Commercial District and R-15 Residential District to CD (R-15) Conditional District for the Purpose of Developing a High Density 270-Unit Apartment Complex (Z-908, 11/10) to the Board's February 7, 2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 10:00 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries and on www.nhcgov.com/NHCLive or www.nhggov.com paQes.BOC/asps