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[1. Roll Call]

[00:00:03]

GOOD EVENING.

WHAT A CALL TO ORDER.

THE FEBRUARY 7TH, 2023, REGULAR MEETING OF THE PLANNING AND ZONING BOARD.

UM, SETH, WOULD YOU LIKE TO PROVIDE A ROLL CALL FOR US? THANK YOU, MR. CHAIRMAN.

BRAD JEFFERSON.

HERE.

TRAVIS OAKLEY.

RAYMOND LAYTON.

HERE.

LAURIE, YOU DONE? YEAH.

DORI.

HERE.

LUO HERE.

UH, HERE.

MARSHALL BALLARD.

UH, WE DO HAVE A FORM.

OKAY.

THANK YOU SETH.

SO OUR FIRST

[2. Approval of Minutes]

ITEM OF REGULAR BUSINESSES, APPROVAL OF MINUTES FROM THE, UH, OUR JANUARY MEETING.

UH, HAS EVERYBODY HAD A CHANCE TO REVIEW THOSE? DO WE HAVE ANY CORRECTIONS OR, UH, REVISIONS THAT NEED TO BE MADE? I SEE ANY, OKAY.

BELIEVE HEARING NONE AT THIS TIME, I'LL ENTERTAIN A MOTION TO APPROVE.

I MOVE.

APPROVE.

LAST MEETINGS MINUTES.

HAVE A MOTION.

WE HAVE A SECOND.

ALL THOSE IN FAVOR SIGNIFIED BY SAYING AYE.

AYE.

ANY OPPOSED? AND ARE APPROVED.

ALRIGHT.

OKAY.

SO OUR

[3.A. Phoenix Derby Park, LLC is requesting subdivision final plan approval for “Athens Acres, Phase 1” (formerly Derby Park, Ph 7) a proposed 45-lot Planned Unit Development This subdivision is located on 37.98 +/- acres in the R10A and A-5F Residential Districts. The site is located at the terminus of Elizabeth Avenue. The property is further identified as a portion of Craven County Parcel Identification #8- 240-27000.]

FIRST ITEM OF NEW BUSINESS IS, UH, PHOENIX DERBY PARK.

LLL C IS REQUESTING SUBDIVISION FINAL PLAN APPROVAL FOR ATHENS ACRES, PHASE ONE.

THAT IS FORMALLY DERBY PARK PHASE SEVEN.

THAT'S IN A PROPOSED 45 LOT PLAN UNIT DEVELOPMENT.

THE SUBDIVISION IS LOCATED ON APPROXIMATELY 37.98 ACRES.

IT IS IN R 10 A AND A FIVE F UH, RESIDENTIAL DISTRICTS.

UH, THE SITE IS LOCATED AT THE TERMINUS OF ELIZABETH AVENUE.

UH, THE PROPERTY IS FURTHER IDENTIFIED AS A PORTION OF CRAVEN COUNTY PARCEL ID EIGHT DASH TWO 40 DASH 2,700.

UH, SETH, WOULD YOU PROVIDE US WITH THE STAFF? UH, THANK YOU, MR. CHAIRMAN.

MR. MOVING RIGHT ALONG.

THIS PROPOSED 31 92 LINEAR FEET OF THE STREETS.

CITY OF NEW UTILITY GOT SUBJECT PROPERTY HERE AT THE OF ELIZABETH AVENUE.

AND AGAIN, THIS WAS, UH, FORMALLY DERBY PARK, PHASE SEVEN.

WE'VE GOT THE NEW FINAL FLAT, THE DIFFERENT NAME, BUT YOU GUYS HAVE SEEN BEFORE, BACK IN 2021.

THIS IS PHASE ONE AND THEY WILL PROPOSE LATER PHASES.

UM, FOR THE REMAINDER OF THE PREVIOUSLY IMPROVED LOT, THE PROJECT RECEIVED GENERAL PLAN APPROVAL FROM THIS BOARD IN AUGUST OF 2021.

STASH REVIEW, THE PROPOSED SUBDIVISION SIGNED ALL THE LEGAL TECHNICAL REQUIREMENTS FOR PLAN HAS BEEN SATISFIED.

THE COURT STAFF HAS NO OBJECTION TO FINAL SUBDIVISION PLAN APPROVAL OF ATHENS APRIL, PHASE ONE, UH, CONTINGENT WITH PERFORMANCE GUARANTEES ACCEPTED BY THE CITY ATTORNEY.

WE HAVE RECEIVED A LETTER OF CREDIT IN THE, UH, CORRECT AMOUNT.

3 34 9 26.

JAMIE HAS APPROVED THIS DOCUMENT.

WE'RE JUST WAITING ON THE COURT COPY ARRIVING.

OKAY.

EXCELLENT.

THANK YOU, SETH.

THANK YOU.

ALL RIGHT.

SO OPEN TO THE BOARD FOR ANY DISCUSSION QUESTIONS.

I DO.

WHAT ARE WE GONNA DO ABOUT THE WATER RUNOFF? WATER RUNOFF.

THAT AREA'S SO LOW.

WHERE'S IT GOING? YEAH, IT'S UP.

JOHN, IF YOU WANT TO COME UP TO THE FRONT AND TENNESSEE, YOU'RE .

WELL, THIS, THIS PARTICULAR PLAN IS NOT GONNA SHOW THAT, BUT IN THE, UH, CONSTRUCTION PLAN IS IN STORE WATER PLAN DO, UM, MOST OF THE DRAINAGE ON THIS IS GOING UP TO THE TOP OF THE PAGE TOWARD THE RAILROAD TRACK, WHICH IS TO THE NORTH OF THIS PARTICULAR TRACK THROUGH A SERIES OF OTHER DITCHES.

AND SO MAYBE A, AN IMPORTANT QUESTION TO ASK IS ALL OF OUR, I ASSUME SINCE DEVELOPMENT IS, UM, NEARLY COMPLETE, YOUR BEFORE US ASKING FOR FINAL, UH, PLAN APPROVAL.

I, I PRESUME ALL STORMWATER PERMIT MEETING EVERYTHING IS IN ORDER.

OH YEAH.

YES.

AND, AND, UM, YOU CAN SEE ON THIS PLAN, WE DON'T SHOW IT IN ANY DETAIL OF THE ARE AND ATTENUATION BASINS THAT ARE ON HERE.

THEY BASICALLY STORED THE ORDER TO SLOW IT DOWN BEFORE IT LEAVES THE SITE.

UM, BUT, AND SOME OF THE WEAPONS WILL TAKE ON SOME OF THE WATER, BUT THE MAJORITY OF THE DRAIN FOR IMPROVE SURFACES GOES TOWARD THE TOP OF THE PAGE THERE.

UH, YES.

ALL THE PERMITS ARE IN PLACE.

SO TOP OF THE PAGE.

WHERE DOES THAT BACK UP TO?

[00:05:02]

THERE YOU GO.

WHERE ON THERE WOULD IT BE JOHN? I CAN'T TELL.

WITH ALL THAT GREEN SPACE.

WHAT WAS YOUR QUESTION ABOUT WHERE THE TOP OF THE PAGE, YOU SAID THE WATER IS GONNA GO TO THE TOP OF THE PAGE.

SO IS THAT NORTH, SOUTH OR EAST? AND LOOK AT THIS AND LOOK AT THE PHOTO THAT'S NORTH.

THAT'S WHAT I THOUGHT.

SO I WAS GONNA TRAVEL NORTH.

YES, SIR.

THERE.

OKAY.

AND I'M DOING THIS WITHOUT THE PLANNING AND I'M NOT THE ONLY ONE IN MY OFFICE.

SO SOMEONE ELSE DID ALL THIS, BUT THERE'S, THERE'S, UM, SOME DRAINAGE FEATURES THAT COME THROUGH HERE.

OKAY.

THAT GO TOWARD THE TOP OF THE PAGE, TOWARD DRAINAGE.

IT'S, UH, WHERE THE RAILROAD TRACKS ARE, GOES ACROSS THE RAILROAD TRACKS, GOES BY BOSCH AND THEN EVENTUALLY MAKES IT OUT TO, UM, PROBABLY THOSE PONDS WHERE MORTON MARIETTA WAS AND THEN EVENTUALLY INTO THE NEWS RIVER.

UH, IF, I DON'T KNOW YOU ANSWER THAT QUESTION, I COULD HAVE BROUGHT THE PLANS WITH ME.

BUT THE REASON I'M BRINGING THIS UP IS THEN I BROUGHT IT UP BEFORE BACK IN 21 BECAUSE OF THE WATER.

AS WE BUILD BACK THERE, IT TENDS TO GO BACK TO THE ORIGINAL DERBY PARK AREA AND FLOOD THOSE HOMES.

THIS DOESN'T HAVE ANYTHING TO DO WITH THAT, THAT, SO YOU DON'T THINK NONE OF THAT WATER'S GONNA FLOW THAT WAY? NO.

NO.

THIS IS NOT THE AREA THAT YOU'RE TALKING ABOUT WHERE SOME OF THE PEOPLE IN ONE OF THE, UH, MULTIFAMILY HERE IS WE'RE HAVING SOME FLOODING ISSUES THAT HAS NOTHING TO DO WITH THIS PROJECT.

WELL, THE FLOOD THAT I'M REFERRING TO HAS NOTHING TO DO WITH MULTIFAMILY.

THIS WAS AT THE FRONT OF DERBY PARK HOUSE FLOODED THERE.

MY NIECE'S HOUSE IS FLOODED.

NUMEROUS TIME ON PREAKNESS PLACE.

WELL THAT, THAT'S NOT NEAR THIS PARTICULAR PROJECT, BUT WE KNOW WATER TRAVELS TO THE LOWEST POINT.

DOESN'T MATTER WHERE IT'S LOCATED AT.

IT'S GOING TO TRAVEL TO THE LOWEST POINT.

NOT THIS.

WELL, YES IT DOES, BUT IT GOES TO THE NORTH OUT OF THIS PROJECT THROUGH A SERIES OF PIPES AND DITCHES.

SO YOU'RE SAYING ELEVATION NORTH IS LOWER TOWARD THE RIVER? TOWARDS THE RIVER.

YOU DON'T KNOW THE DRAINAGE GOES TO NOW WE MIGHT BE CUTTING THROUGH SOME, BUT DITCHES, BUT ALL THE PERMITS ARE IN PLACE.

ALL THE, YOU TALKING ABOUT? MM-HMM.

, ANY, UH, ADDITIONAL DISCUSSIONS OR QUESTIONS FOR, FOR THE OKAY.

HEARING AT THIS TIME.

I'LL ENTERTAIN THE MOTION.

I HAVE ONE QUESTION.

OKAY.

TO HONOR, UM, THERE WAS SOME DISCUSSION, UH, SEVERAL MONTHS BACK FROM AT THE BOARD OF MEETING ABOUT TRAFFIC THROUGH ON ELIZABETH AVENUE.

HAS THAT BEEN SETTLED, DISCUSSED CHANGE? NO.

I KNOW YOU HAD A BUNCH OF PEOPLE COME OUT AND THEY WERE UPSET CAUSE THE TRUCK'S DRIVING THROUGH THERE AND ALL THAT.

IS THAT A, IS THAT MEAN ANYTHING WE COULD DO OR IT'S GONNA CONNECT CONSTRUCTION RIGHT? WEST PHASE TWO.

YES.

ONTO THIS PROPERTY.

OKAY.

SO THEY GO BACK OUT THE OTHER WAY, NOT THROUGH.

AT SOME POINT IT WILL, IT WE'LL CONNECT.

OKAY.

ALL ALAN, THESE ORDINANCE REQUIRES CONNECTIVITY.

OKAY.

SO THERE HAS TO BE STUB OUTS, UM, CONNECTING ONE TO EXISTING INFRASTRUCTURE AND THEN TO FUTURE INFRASTRUCTURE.

OKAY.

I CAN JUST SEE PEOPLE COMING TO THE BOARD ALL ON THIS CASE, BUT MM-HMM.

ASKING THAT QUESTION, SO YEAH.

UM, OKAY.

THAT'S ALL.

OKAY.

ANY OTHER DISCUSSION QUESTIONS? OKAY.

HEARING NONE, I WILL ENTERTAIN A MOTION.

INTERESTING.

I APPROVE THIS.

OKAY.

SO WE HAVE A MOTION.

DO WE HAVE A SECOND? I'LL SECOND HAVE A MOTION AND A SECOND.

DO YOU WANT US TO DO A ROLL CALL? UH, SETH, I'M, I'M PERFECTLY FILED CALLING.

OKAY.

SO WE HAVE A MOTION AND A SECOND TO APPROVE THE APPLICATION FOR FINAL PLAN APPROVAL.

ALL IN FAVOR SIGNIFIED BY SAYING A AYE.

AYE.

AYE.

ANY OPPOSED? MOTION CARRIES.

THANK YOU ALL SO MUCH.

THANK YOU.

THANK.

OKAY.

OUR NEXT

[3.B. Price and Poole 2612 Investment Property, LLC. has submitted an application to rezone 6.83 acres, known as Tax Parcel 8-400-007 from Neighborhood Business (C4) to Commercial (C-3). The parcel is located on the east side of Lowes Boulevard at its intersection with Trent Road.]

ITEM OF

[00:10:01]

BUSINESS IS PRICE AND POOL 26 12 INVESTMENT PROPERTY LLC AS SUBMITTED APPLICATION TO REZONE APPROXIMATELY 6.83 ACRES KNOWN AS TAX PARCEL ID.

EIGHT DASH 400 DASH 0 0 7 FROM NEIGHBORHOOD BUSINESS C4 TO COMMERCIAL C3 PARCEL IS LOCATED TO THE EAST SIDE OF LOWES BOULEVARD AT THE INTERSECTION, UH, AT ITS INTERSECTION WITH TRENT RIVER.

UH, SETH, WOULD YOU PROVIDE US WITH THE STAFF? YES, SIR.

THANK YOU, MR. CHAIRMAN WITH 6.83 ACRES.

UH, WE'VE GOT EXISTING MULTIPLE EXISTING COMMERCIAL STRUCTURES ON SITE.

THE CITY OF NEWBURN WATER, SEWER, ELECTRIC AVAILABLE AND THE FIRE SERVICE IS PROVIDED BY CITY OF NEWBURN STATION ONE.

UM, IT'S OUR FIRST LOOK ON THE MAP HERE.

THIS IS A LONG NARROW PARCEL ALONG LOWS BOULEVARD.

GOT TR BOULEVARD DOWN HERE TO THE SOUTH.

THERE ARE NO ENVIRONMENTAL ISSUES ON THIS PROPERTY.

NO LONG STREAMS, FLOOD ZONE, UH, WETLAND IN ANYWHERE DISCOVERED TO BE TAKEN CARE OF DURING THE, OR ADDRESSED DURING SITE PLAN.

REVIEW PROCESS.

AS WE DISCUSSED EARLIER, THE EXISTING ZONING IS C4.

WE'VE GOT EXTENSIVE C3 IN THE SURROUNDING AREA, UM, LONG TRENT AND OF COURSE , MLK.

THERE'S A CURRENT, UH, C4 NEIGHBORHOOD BUSINESS MINIMUM RIGHT SIZE 5,000 SQUARE FEET, UH, RESIDENTIAL IN PRESIDENTIAL PURPOSES.

WE ARE SIX STANDARDS APPLYING C4 NEIGHBORHOOD BUSINESSES DESIGNED FOR LESS INTENSIVE, UH, COMMERCIAL USES DESIGNED TO SERVE, UH, NEIGHBORING RESIDENTIAL, UH, DISTRICTS AND NEIGHBORHOODS.

PHOTOS, C3, SAME MINIMUM HOT SIZE REQUIREMENTS.

UH, C3 IS A GENERAL COMMERCIAL WITH A WIDER RANGE OF HIGHER INTENSITY USES ACCORDING TO THE 2022 LAND USE PLAN UPDATE.

THIS PROPERTY IS LOCATED UH, IN THE MARTIN LUTHER KING BOULEVARD'S FOCUS AREA.

IT'S AN AREA THAT'S, UM, DESIGNATED AS HAVING, UM, WIDESPREAD CONTINUED GROWTH DEVELOPMENT REDEVELOPMENT.

AND AND WITHIN THE FOCUS AREA WE HAVE OPPORTUNITY ZONE A.

YOU SEE THE PROPERTY DUCKING INTO THE EDGE OVER HERE.

SO IT ENCOMPASSES THEIR COMMERCIAL CORRIDOR AROUND THE NEWBURN MALL, WHICH HAS HAD STEADY, UM, INTENSITY OF DEVELOPMENT SERVED.

BUT, UH, PUBLIC TRANSIT, WHICH IS UH, THE ONLY ONE IN THE FOCUS AREAS.

SO AGAIN, THE SIZE 6.83 ACRES CAN, COULD BE VIEWED AS AN EXPANSION OF COMMERCIAL DEVELOPMENT WITHIN THE GROWING AREA.

A PROPOSED REZONING FROM C4 TO C3 IS CONSISTENT WITH THE RECOMMENDATIONS AND THE 2022 LAND USE PLAN UPDATE.

PROPOSED REZONING IS GENERALLY CONSISTENT WITH THE CHARACTER OF THE ADJACENT LAND USE ANDING CLASSIFICATIONS STAFF FOUND THE COMPOSER JONES TO BE IN THE PUBLIC INTEREST AND CONSISTENT WITH THE CITY LAND USE AND TRANSPORTATION PLANS.

DO THE PARTS OF BEING LOCATED IN BOTH FOCUS AREA AND OPPORTUNITY CENTER.

WE HAVE TO TAKE ANY QUESTIONS AT THIS TIME.

OKAY.

THANK YOU SETH.

SURE.

OPEN TO THE BOARD FOR DISCUSSIONS QUESTIONS.

DOESN'T IT, DIDN'T IT ALREADY HAVE BUSINESSES ON THE CORNER THERE FROM WHAT I'M GONNA CALL LOCAL BOULEVARD? YES.

THE EXISTING, YEAH.

WHAT'S TRIGGERED THE REZONING? THEY WANTED TO DO BEST BUSINESSES WERE SOMEWHAT INDUSTRIAL NATURE FOR YEARS IT WAS LIKE A WELDER OF FABRICATOR, A FEW OTHERS AND THEY'VE BEEN CLOSED FOR SEVERAL YEARS, RIGHT? ONE OF 'EM HAS EVEN GOT A ROOF FALLING IN, BUT THEY'RE GONNA DEMO THAT BUILDING ONE.

IT FACES TRENT BOULEVARD.

MM-HMM.

.

SO IN ORDER TO REOCCUPY THOSE AND GET THE POWER BACK, CUT BACK ON, THEY HAD TO COME THROUGH HERE FOR BUILDING PERMITS.

UH, THE USES THEY WANT TO DO RE-IDENTIFIED IS NOT PERMITTED IN C4.

AND THE ONLY WAY TO MOVE FORWARD LET'S THE KIND OF USES THAT THEY USED TO HAVE IN THERE IS HAVE IT REZONE, THE C3, WHAT'S GOING THERE.

NOTHING MATTERS.

I BOTH, THE PROPOSED USE, SHE'S GOT IT'S BILLY POOL IS THE APPLICANT, IT'S HER FAMILY PROPERTY AND HER PARENTS PASSED AWAY.

SHE AND HER BROTHER STILL IN IT.

THEY FABRICATOR A GUY THAT DOES WELDING, I THINK MAKES BOTH TOPS AND THEN ANOTHER SORT OF LIKE MACHINERY KIND USE SIMILAR, YEAH, THE SAME USES THAT WERE, THERE'S STILL ANOTHER BUILDING THAT'S NOT USED.

BUT'S STILL GONNA BE THERE ON SIDE, RIGHT? IS THAT PROPERTY? I KNOW IT'S FOR SALE OWN FOR A LONG TIME.

QUITE A WHILE.

QUITE WHILE.

AND I DIDN'T HAVE TIME TO PULL IT AND SEES CAN SEE SOME OTHER PROPERTY.

THERE'S, THERE'S ANOTHER, SOME THE BUILDINGS THAT ARE ELATED THAT IT'S STILL GONNA BE THERE OR

[00:15:01]

IS THAT ONE IS DEFINITELY GONNA BE TORN DOWN.

THE ONE THAT LOOKS THE AD, I THINK THERE'S GONNA BE TWO REMAINING AND THEN A SMALL ONE THAT'S CARS AROUND THERE TOO.

BUT IN YOUR ANALYSIS, YOU SHOULD THINK ABOUT ALL POSSIBLE USES THAT WILL BE ALLOWABLE IN THAT CLASSIFICATION.

NOT NECESSARILY WHAT THE APPLICANT IS PROPOSING AT THE, I UNDERSTAND THAT ALL THOSE LIST USES OR LISTED RIGHT, THOSE MM-HMM.

.

BUT THERE'S C3 ACROSS THE STREET ABOVE IT.

RIGHT.

BRING RESIDENTIAL ALL ASIDE AND WITH THE AND C3 DOES NOT PRECLUDE RESIDENTIAL.

THAT'S RIGHT.

DEVELOPMENTS IN TOWN.

TOWN.

MM-HMM.

.

THAT'S THE ONLY QUESTIONS I HAVE.

CHANGE ANY OTHER DISCUSSIONS OR QUESTIONS? OKAY.

SO BEFORE I ENTERTAIN A MOTION, UH, REMIND EVERYBODY THAT OUR MOTION SHOULD BE FORMED IN AS A RECOMMENDATION AS THIS HAS TO GO BEFORE BOARD OF ALL.

SO THIS TIME I'LL ENTERTAIN A MOTION.

WELL, I'LL MAKE A MOTION THAT WE ACCEPT THIS, UH, THIS ON THE BOARD OF WALMAN RECOMMENDED.

RIGHT? THANK YOU.

WE HAVE A MOTION.

DO WE HAVE A SECOND? I'LL SECOND.

WE HAVE A MOTION AND A SECOND.

ALL IS IN FAVOR SIGNIFIED BY SAYING AYE.

AYE.

AYE.

ANY OPPOSED? MOTION CARRIES.

OKAY.

SO I THINK THAT GETS US ALL THROUGH ALL OF OUR NEW BUSINESS.

IS THERE ANYTHING ELSE WE NEED TO DISCUSS BEFORE I ENTER THE MOTION TO ADJOURN? HEARING NONE.

I WILL ENTERTAIN A MOTION TO ADJOURN.

HOLD.

WE HAVE A MOTION TO ADJOURN.

DO I HEAR A SECOND? ALL RIGHT.

WE HAVE A MOTION IN SECOND.

ALL IN FAVOR, MARGIE, WILLIAM, MARGIE.

THE MOTION WE'LL SAY BRAD WAS A SECOND.

ALL THOSE IN FAVOR SIGNIFIED BY SAYING AYE.

AYE.

AYE.

ANY OPPOSED? WE ARE ADJOURNED.

THANK YOU EVERYBODY.