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[00:00:04]

YES, SIR.

THANK YOU.

[1. Call to Order]

YEAH.

CALL TO ORDER THE MAY MEETING OF THE CITY OF NEWBURGH OR TO THE JASMINE TONIGHT, WE HAVE, UH, JUST ONE ITEM TO CONSIDER.

LET'S HAVE A

[2. Roll Call]

ROLL CALL FIRST, PLEASE.

THANK YOU, MR. CHAIRMAN, PETER DYLAN HERE.

JIM MORRISON, JOHN RIGS GET PARANOID.

BARBARA SAMSON JOHNSON FOSTER HERE.

ROSS SPEED.

HERE WE HAVE A QUORUM.

GOOD.

THANK YOU.

WE HAVE NEW BUSINESS.

[3. New Business]

THE ONLY NEW BUSINESS TONIGHT IS A CONSIDERATION OF A SPECIAL USE PERMIT REQUEST FOR AN ELEMENTARY AND SECONDARY SCHOOL.

LOCATED AT 5,001 CLOCK ROAD.

PROPERTY IS FURTHER IDENTIFY AS A PORTION AS A PORTION OF CRAVEN COUNTY PARCEL ID NUMBER EIGHT DASH 2 0 9 DASH 2 5 0 0 1.

THIS IS IN THE WEST NEWBURGH SUBDIVISION.

ANYBODY WHO IS INTENDING TO SPEAK, PLEASE COME FORWARD AND SETH WILL SIGN IN OR EXCUSE ME, SWEAR YOU IN.

YEAH, UH, SETH, WHEN YOU'RE READY, IF YOU'D REVIEW THE PROPOSAL.

THANK YOU MR. CHAIRMAN.

AGAIN, THIS IS A 8.86 ACRE SITE IN THE WEST NEWBURN SUBDIVISION OR DEVELOPMENT.

YOU CAN SEE IN THE MAP HERE, I'VE GOT A STAR ON THE SITE.

SO THE NORTH CORNER THAT SITE IS CLEAR NOW, CORRECT IS NOW WINNING AND C3.

THIS PROPOSED PLAN HERE THAT HOPEFULLY Y'ALL HAD A GOOD TIME TO REVIEW ADDED THE LANDSCAPE PLAN, JUST CAUSE IT'S A LITTLE LESS BUSY TO SEE THEM FOOTPRINT WHERE THE BUILDINGS WILL BE.

UM, SO YOU CAN SEE THAT THE SPECIAL USE IS REQUIRED FOR THE ELEMENTARY AND SECONDARY SCHOOL IN THE C3 C3, ZONING DISTRICTS, PROPER THE PROPERTY WAS PROPERLY POSTED.

HERE'S A CURRENT PICTURE OF WHAT THE SITE LOOKS LIKE RIGHT NOW.

THE PROPOSED PROJECT WAS REVIEWED AND APPROVED BY THE CITY'S DEPARTMENT SITE PLAN REVIEW COMMITTEE ON FEBRUARY THE 25TH 20 TO ATTRACT RECEIVED FINAL SUBDIVISION PLAT APPROVAL FROM NEWBURN PLANNING AND ZONING BOARD.

ON FAIR MAY 3RD 22 REGULAR MEETING THE 8.86 ACRE TRACK.

A LOT WHAT'S RECORDED ON 5 13, 22 STAFF FOUND HER POST PROJECT IS CONSISTENT WITH THE PLANS, RULES, AND REGULATION.

THE CITY OF NEW BERN WITH NO FURTHER CHANGES.

ACCORDING TO SECTION 15 DASH 1 46 OF THE LAND USE ORDINANCE ELEMENTARY AND SECONDARY SCHOOL, INCLUDING ASSOCIATED GROUNDS ATHLETIC AND OTHER FACILITIES MUST OBTAIN A SPECIAL USE PERMIT TO OPERATE IN THE C3 ZONING DISTRICT.

STAFF FINDS THAT THE APPLICANT HAS MET ALL THE LAND USE ORDINANCE REQUIREMENTS, SECTION 15 DASH 54 FOR A SPECIAL USE PERMIT, AND HAS NO OBJECTION TO THE APPROVAL OF THIS REQUEST BACK UP TO, I CAN TAKE ANY QUESTIONS AT THIS TIME OR ANY QUESTIONS FOR THE AFRICA.

WE DO HAVE REPRESENTATIVES TWO REPRESENTATIVES OF THE APPLICATION HERE TONIGHT.

YEAH.

IF THE APPLICANT WOULD JUST COME FORWARD, JUST IDENTIFY YOURSELF AND JUST GIVE ANY BRIEF ADDITIONS TO THE CONCEPT THAT SAID JUST WENT OVER.

SURE.

THANK YOU.

GOOD EVENING.

I'M TARA MURPHY, PROJECT MANAGER WITH MCKIM AND CREED.

I'M A SELF-SUSTAINED CLIPPED PARSONS ATTORNEY WITH WARREN AND SMITH ON THIS REQUEST WITH ME TONIGHT IS KELLY, UM, KAISER.

SHE'S ALSO WITH MCKIM AND CREATE AND WE'RE REPRESENTING WAREHOUSE OR THANK YOU SO MUCH FOR COMING OUT TONIGHT.

IT'S QUITE AN EVENING AND WE APPRECIATE YOUR ATTENDANCE AT THE MEETING TONIGHT.

SETH MADE A GREAT PRESENTATION.

I REALLY DON'T HAVE TOO MUCH TO ADD.

UM, WE CERTAINLY APPRECIATE A THOROUGH PRESENTATION AND THE EFFORT THAT STAFF HAS CONTINUED TO SHOW US, UM, AS WE TRY AND PROGRESS THE WEST NEWBURN DEVELOPMENT, A LOT OF EFFORT HAS BEEN PUT TO GET TO THIS POINT.

AND WE WOULD CERTAINLY APPRECIATE YOUR SUPPORT THIS EVENING.

KELLY AND I ARE BOTH HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

OKAY.

THERE'S NO PUBLIC HERE.

SO WE DON'T HAVE ANY

[00:05:01]

QUESTIONS OR COMMENTS FROM THE PUBLIC OR ANY COMMENTS OR QUESTIONS FROM THE BOARD AT THIS POINT IN? YEAH.

OH, WHAT GRADE IS WHERE THE CONSIST OF? ULTIMATELY IT WILL BE K THROUGH 12 AND THEY'RE GOING TO STAGGER IT.

THEY'LL START SLOWLY AND OPEN THE FIRST BUILDING.

AND THEN WHEN THAT STUDENT POPULATION GETS TO THE NEXT LEVEL, THEN THEY'LL, YOU KNOW, THEY'LL START TO PROGRESS THE NEXT BUILDINGS.

OKAY.

WHAT WOULD THE NAME, BUT CURRENTLY IT'S BAILEY'S ACADEMY.

OH, BAILEY'S T H A L E S BAILEY'S.

WELL ONLY, I'M ONLY MENTIONED THAT ACCORDING TO THEIR WEBSITE IT'S LEAVES GREEK, APPARENTLY SO, BUT I DIDN'T KNOW THAT EITHER.

UH, WHAT WE DO HERE TONIGHT, THE BOARD OF ADJUSTMENT HOLDS A QUASI JUDICIAL HEARING OR AN APPLICATION FOR A CERTIFICATE, EXCUSE ME, A SPECIAL USE PERMIT.

WE HEAR SWORN TESTIMONY AND EVIDENCE PROVIDED BY THE APPLICANT BY PARTIES WHO RECEIVED NOTICE OF THE HEARING AND BY OTHERS WHO CAN JUSTIFY, THEY HAVE RELEVANT EVIDENCE ARE DIRECTLY AFFECTED BY THE APPLICATION.

THE PROCESS WE GO THROUGH, IF YOU'VE DONE IT BEFORE WE HAVE SIX QUESTIONS AND WE ASK FOR YOUR COMMENTS ON ALL SIX AND HE PULLED ANY PUBLIC COMMENTS ON EACH OF THE SIX.

AND THEN AFTER THAT, WE CLOSED THAT PORTION AND GO TO OUR OWN CONSIDERATION OF THE SAME SIX, UH, STEPS.

SO FIRST WE'LL HEAR PUBLIC TESTIMONY ON THE APPLICATION, CONSIDERING SIX SPECIFIC FINDINGS I'LL READ EACH, THEN ASK FOR COMMENT BY THE APPLICANT AND THEN THE PUBLIC THERE BEING NO PUBLIC TONIGHT.

AND I ASSUME, BECAUSE A NOTICE WAS ONLY GIVEN TO PARTIES ON EITHER SIDE OF THE PROPERTY.

THERE WERE NONE OTHER THAN WEYERHAEUSER.

AT THIS POINT, HE WAS WITH THE BREADTH OF STATUTE.

WE NOTIFY EVERY PROPERTY OWNER WITHIN 100 FEET OF THE PROPERTY.

IN THIS CASE, THAT INCLUDED WEYERHAEUSER, UM, THE RAILROAD STATE OF NORTH CAROLINA AND ONE OTHER, BUT IT WAS, I THINK IT WAS RELATED TO WAREHOUSE.

OKAY.

SO THE FIRST, UH, FINDING WE HAVE TO CONSIDER IT AS THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION, ACCORDING TO THE TABLE WITH PERMISSIBLE USES ANY COMMENTS ON THAT.

YES, WE ARE IN THE C3 DISTRICT.

AND THIS IS AN ALLOWABLE USE AS A SPECIAL USE PERMIT INDEX CHART IN BOARD MEMBERS.

NUMBER TWO, THE APPLICATION IS COMPLETE.

WE'VE HAD THE CITY REVIEW AND YOU'RE FINISHED ANY QUESTIONS UP HERE.

NUMBER THREE, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.

YES, IT WILL.

ANY CONCERNS UP HERE.

NUMBER FOUR, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED.

ACCORDING TO THE PLAN AS SUBMITTED, THIS WILL BE A POSITIVE EFFECT ON THE PUBLIC HYPE HEALTH AND SAFETY.

AND THERE WERE NO SAFETY CONSIDERATIONS IN THE DESIGN.

UH, THE ONLY SAFETY, UM, CONSIDERATION MAY HAVE BEEN THE TRAFFIC AND THAT HAS BEEN, UM, ADEQUATELY ADDRESSED BY THE, UM, THE PROJECT ENGINEER AND THE MASTER DEVELOPER.

NUMBER FIVE, THE USE WILL NOT SUBSTANTIALLY REVIEWS REDUCE THE VALUE OF ADJOINING PROPERTY OR BUDDING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY.

THIS IS A SCHOOL EDUCATIONAL USE THAT IS A PUBLIC NECESSITY, AND THERE WILL BE NO ADVERSE EFFECTS TO ADJOINING PROPERTY OWNERS.

OKAY.

HORNS UP HERE.

AND NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED, ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED.

AND IN GENERAL CONFORMITY WITH THE PLAN AND THE DEVELOPMENT OF THE CITY, THE PROPOSED SCHOOL USE HAS BEEN PROPOSED FOR INCLUSION AS PART OF THE WEST NEWBURN MASTER DEVELOPMENT AS PLANNED AND THE BOARD OF A DOT BOARD OF ALDERMAN ADOPTED A DEVELOPMENT AGREEMENT ON OCTOBER 23RD, 2018.

AND THIS WAS IDENTIFIED.

THE REQUEST IS IN CONFORMANCE WITH THE PLANET DEVELOPMENT AS AN IS IN HARMONY WITH THE AREA THAT HAD JUST PROPOSED AND ASSESS NOTICED NOTED.

IT WAS SIMPLY, EXCUSE ME, EXCUSE ME.

RECENTLY APPROVED BY THE PLANNING BOARD.

YES.

ANY COMMENTS OR QUESTIONS? DO I HAVE A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING? SECOND, ALL THOSE IN FAVOR, SAY AYE.

AYE.

[00:10:02]

OPPOSED.

NOW WE'LL CONSIDER EACH OF THE SIX REQUIREMENTS HERE.

YOU CAN SIT DOWN IF YOU'D LIKE, WELL, WE CAN ASK YOU A QUESTION WHILE YOU'RE SITTING.

I'M SURE WE HAVE LIKE, UM, GO THROUGH THOSE SAME SIX AGAIN FOR THE BOARD.

NUMBER ONE, THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION.

ACCORDING TO THE TABLE OF PERMISSIBLE USES COMMENTS THERE.

DO I HAVE A MOTION, UH, MONEY, THE MOTION? UM, IT IS WITHIN THE JURISDICTION IMPORTANT TO THE TABLE.

PRINCIPAL USES ALL THOSE IN FAVOR.

OH, EXCUSE ME.

ROLL CALL PLEASE.

PETER DYLAN.

JIM MORRISON, JONATHAN FOSTER ROSS BABY, UH, EMOTIONAL CARRIER.

OKAY.

NUMBER TWO, THE APPLICATION IS COMPLETE.

ARE THERE ANY CONCERNS BY BOARD MEMBERS? WE HAVE A MOTION, MR. CHAIRMAN.

I PROPOSE THAT WE ACCEPT THE APPLICATION AS BEING COMPLETED.

SECOND, I'LL SAY TO THAT ROLL CALL PLEASE.

PETER DYLAN.

I AM JIM MORRISON.

ROBERT SAMSON.

HI JONATHAN.

HI.

ROSSBY RIGHT.

MOTION PASSES.

NUMBER THREE.

IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.

CONCERNS, QUESTIONS UP HERE, STILL EMOTION.

MR. CHAIRMAN, BASED ON THE INFORMATION PRESENTED, I MOVE THAT WE APPROVE THAT THIS WILL MEET ALL OF THE REQUIREMENTS OF THE, OF THE ORDINANCE ROLL CALL PLEASE.

PHARMA SAMSUNG JOHNSON, FOSTER ROSSBY, UH, EMOTIONAL DANCES.

NUMBER FOUR, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED.

ACCORDING TO THE PLAN IS SUBMITTED CONCERNS, MOTION.

UH, MR. CHAIRMAN, I MOVE THAT WE ACCEPT, BUT BASED UPON THE INFORMATION PRESENTED HERE, THIS, UH, IF FOLLOWED IT, WE'LL NOT MATERIAL IN DANGER THAT PUBLIC HEALTH OR SAFETY.

SECONDLY, WE'LL CALL PETER DYLAN.

HI JIM MORRISON, PI BARBARA SAMSON, JONATHAN FOSTER, ROSS, BABY MOSHE BENSON.

AND NUMBER FIVE IS A DOUBLE ONE.

THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUTTING PROPERTY OR THAT THE USERS OF PUBLIC NECESSITY.

DO WE CONSIDER THAT BOTH OF THOSE WOULD APPLY IN THIS EMOTION.

I'LL MAKE A MOVE MOTION THAT IT USED TO, BUT NOT SUBSTANTIALLY REDUCE THE VALUE OF OVER JOINING OUR BOARD.

AND PROXY IS A PUBLIC NECESSITY.

SECOND, SECOND ROLL CALL PLEASE.

YOU'RE DOING JIM MORRISON, BARBARA SAMSON, YOUR JOHNSON, FOSTER ROSSBY UH, IT, AND NUMBER SIX IS THE LOCATION AND CHARACTER OF THE USE OF DEVELOPED.

ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT HAS TO BE LOCATED.

AND THEN GENERAL CONFORMITY WITH THE PLAN OF DELLA DEVELOPMENT OF THE CITY.

ANY CONCERNS BY BOARD MEMBERS MOTION I'LL MAKE THE MOTION.

UM, THE LOCATION CHARACTER OF THE, OF THE USE OF DEVELOPED CORE TO THE PLAN SUBMITTED AND APPROVED WILL BE AN ARMY WITH THE AREA WHICH IT IS TO BE LOCATED.

AND YOU DON'T HAVE TO INFORM ME WITH A PLAN, A DEVELOPMENT OF THE CITY.

SECOND, SECOND, ROLL CALL.

PETER DYLAN, JIM MORRISON, BARBARA SAMSON JOHNSON, FOSTER BREASTFEEDING.

AYE.

MOTION PASSES.

OKAY.

I HAVE A MOTION TO CLOSE THE, EXCUSE ME, UM, MOTION TO APPROVE THE SPECIAL USE PERMIT.

MR. CHAIRMAN.

I MAKE A MOTION THAT WE APPROVE THE SPECIAL USE PERMIT FOR THIS PROJECT.

THE SECOND WE'LL CALL PETER DONUT.

JIM MORRISON, ROBERT SAMSON JOHNSON FOSTER.

HI, ROSS.

SPEEDING.

ALL RIGHT.

MOTION PASSES.

[00:15:01]

ARE THERE ANY CONDITIONS THE BOARD OR THE STAFF FEELS SHOULD BE ADDED TO THIS AND WE FIND NO ADDITIONAL CONDITIONS NEED TO BE ADDED TO THE PERMIT.

IS THERE ANY FURTHER BUSINESS TONIGHT FOR THE BOARD? I JUST HAVE ONE QUESTION THOUGH.

WHAT WOULD THE WRONG, HOW WAS IT GOING TO COST A YEAR FOR THIS KEVIN? YOU DON'T KNOW YET.

OKAY.

ALL RIGHT.

THANK YOU.

THERE BEING NO OTHER COMMENTS.

MOTION TO ADJOURN.

SECOND FAVOR.

ALWAYS FAIR.

I HOST THE MEETING IS ADJOURNED.

THANK YOU FOR CALLING.

YEP, ABSOLUTELY.

THANK YOU EVERYBODY.