[00:00:01]
WE READY? YES.[1. Call to Order ]
WE'D LIKE TO CALL THIS MEETING TO ORDER, UH, FOR TODAY'S DATE IS FIVE 30.IT'S THE BOARD OF ADJUSTMENT MEETING.
AND FIRST OFF, WE NEED TO HAVE A ROLL CALL.
[3. Election of officers ]
OKAY, SO THE FIRST ITEM ON OUR AGENDA, WHICH IS NUMBER THREE, IS ELECTION OF OFFICERS.SO I GUESS FIRST WE NEED TO ASK IF THERE'S ANY NOMINATIONS OR VOLUNTEERS.
I'D LIKE TO NOMINATE TIM SINCE HE'S HAD EXPERIENCE THAT THIS WOULD BE ON THE BOARD.
AND THAT'S NOMINATION FOR CHAIR.
UM, WE ALSO NEED NOMINATIONS FOR THE VICE CHAIR.
IS THERE A NOMINATION? SO CAN I NOMINATE ERIC? IS THAT PERMISSION? YES SIR.
SO I'D LIKE TO MAKE A NOMINATION FOR ERIC.
SO WE HAVE A NOMINATION IN A SECOND.
IS THERE ANY DISCUSSION? SO, ALL IN FAVOR? AYE.
[4. Adoption of 2023 calendar ]
THE NEXT ITEM OF BUSINESS, I THINK IN THE PACKET WAS, UH, THE CALENDAR FOR 2023.AND I KNOW WE'RE MOST OF THE WAY THROUGH THIS YEAR.
UM, AND THIS IS I THINK OUR FIRST MEETING, BUT WE MAY HAVE MORE THROUGHOUT THE YEAR.
SO WE NEED TO HAVE A MOTION TO ADOPT THE CALENDAR IF THERE'S NO DISCUSSION.
I MAKE A MOTION THAT WE APPROVE THE CALENDAR OF 2023.
OKAY, WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION? ALL IN FAVOR? AYE.
OKAY, SO NOW WE'RE ONTO THE NEW BUSINESS, UH, CONSIDERATION OF SPECIAL USE PERMIT REQUEST FOR HOTEL USE LOCATED AT 2021 SOUTH HUNT STREET.
THE PROPERTY IS FURTHER IDENTIFIED AS CRA COUNTY PARCEL IDENTIFICATION NUMBER 8 0 1 DASH 8 1 42.
I THINK WE HAVE TO APPROVE THE MINUTES.
[5. Approval of meeting minutes: - August 29, 2022 ]
HAVE TO APPROVE THE MINUTE FROM THE LAST MEETING.I KNEW I'D SLIP UP ONE TIME HERE.
YOU'RE DOING FINE MR. CHAIR, YOUR HONOR.
SO DO WE NORMALLY READ THE MEETING MINUTES? NO.
UNTIL EVERYBODY'S HAD, I'LL MAKE THE MOTION.
I WAS PRESENT AS A MEMBER OF THE AUDIENCE AT THAT MEETING, SO I'LL MAKE A MOTION THAT WE APPROVE THOSE MEETING SECOND
SO IS THERE ANY DISCUSSION? IT'S ALL IN FAVOR.
[6. New Business]
SO NOW WE'RE RUNNING A NEW BUSINESS.SO NEW BUSINESS CONSIDERATION OF SPECIAL USE PERMIT REQUEST FOR HOTEL USE LOCATED AT 2 21 SOUTH FRONT STREET.
THE PROPERTY IS FURTHER IDENTIFIED AS CRA COUNTY PARCEL IDENTIFICATION NUMBER 8 0 1 DASH A DASH 1 42.
UH, SETH, ARE YOU ABLE TO YES, SIR.
I'M GIVE THE REMOTE TO WORK HERE AND WHILE STAFF IS GETTING A PRESENTATION TOGETHER, IF ANYONE WHO'S GONNA SPEAK TONIGHT CAN COME UP TO THE PODIUM PLEASE SO WE CAN SWEAR IN ALL SPEAKERS.
LEFT ON THE, AND MR. CHAIR, IN THE SPIRIT OF BEING HELPFUL, UM, TONIGHT'S HEARING IS A QUASI-JUDICIAL HEARING.
SO YOU ALL WILL BE RECEIVING SWORN EVIDENCE FROM, UM, THE APPLICANT, ANY NOTIFIED PROPONENTS AND OPPONENTS MEMBERS OF THE COMMUNITY
[00:05:01]
WHO HAVE, UM, WHO CAN DEMONSTRATE STANDING TO YOU ALL.AND AFTER THE PRESENTATION OF EVIDENCE, YOU'LL HAVE AN OPPORTUNITY TO DELIBERATE BASED ON THE EVIDENCE BEFORE YOU END THE RECORD PROFFERED.
UM, AFTER THAT DELIBERATION, THEN YOU WILL MAKE CERTAIN FINDINGS OF FACT AND CONCLUSIONS, UM, AND WILL VOTE TO EITHER APPROVE, UM, APPROVE THE CONDITIONS OR DENY THE APPLICATION FOR THE SPECIAL USE PERMIT THAT HAS BEEN FORECASTED BY THE CHAIR.
I WAS ABLE TO GET TO MY, THE, UH, REMOTE CONTROL OPERATIONAL.
UM, SO THE APPLICANT, DARDEN J YOU WERE OF MBF ARCHITECTS, UH, MORE COMMON THANS TRIP.
YOUR LOCATION OF PROPERTY, AGAIN IS 2 21 SOUTH FRONT STREET ZONING AT C ONE, WE'RE HERE FOR A SPECIAL USE PERMIT HEARING FOR A HOTEL USE, WHICH IS USE CODE 1.510 SIZE OF THE PROPERTY IS 3 49 ACRES.
IT'S, UM, CURRENTLY BEING, UH, RESTORED, BUT IT'S FORMER RESTAURANT AND LOUNGE.
YOU SEE THE LOCATION OF THE PROPERTY IN THE, UM, SOUTHEAST CORNER OF THE DOWNTOWN AND IT'S GOT A LITTLE CLOSER VIEW AND PHOTOGRAPH TAKEN TODAY OF THE PROPERTY.
AS I STATED EARLIER, THE PROPERTY IS LOCATED IN A C1 ZONING DISTRICT AND ACCORDING TO TABLE USES, WHICH IS SECTION 15 1 46, HOTELS AND MOTELS ARE A SPECIAL USE IN C1.
THE PROPERTY, UH, WAS POSTED AND PROPERLY NOTICED, SENT OUT TO ALL THE ADJACENT PROPERTY OWNERS.
GOT THE, UM, APPROVED SITE PLAN FOR THE PROPOSED, UH, NEW USE.
SO THE PROJECT WAS CONDITIONALLY APPROVED AT THE CITY'S DEPARTMENT OF, UH, DRC DEVELOPED DEPARTMENTAL REVIEW COMMITTEE.
ON THE 10TH OF THIS MONTH, STAFF IS FOUND A PROPOSED PROJECT TO BE CONSISTENT WITH THE PLANNED RULES AND, UM, REGULATION OF THE CITY OF NEW BERN.
ACCORDING TO SECTION 15,000 1 46, WE HAVE THE LAND USE ORDINANCE.
AS WE SAID EARLIER, AT HOTEL MUST AT FIRST OBTAINED A SPECIALTY PERMIT TO OPERATE IN THE C1 ZONING DISTRICT.
STAFF IS FOUND THAT THE APPLICANT IS MET ALL OF THE LAND USE ORDINANCE REQUIREMENTS OF SECTION, UH, 1554 FOR A SPECIALTY PERMIT WITH THE FOLLOWING CONDITION.
UM, AND I'LL EXPLAIN THIS HERE A LITTLE FURTHER IN A SECOND.
AND ACCESS EASEMENT ALLOWING EGRESS INTO THE ADJOINING PROPERTY TO THE SOUTH.
PIN NUMBER EIGHT DASH 0 0 1 DASH D DASH ONE 50 MUST BE RECORDED PRIOR TO, UH, CERTIFICATE OF ICY BEING ISSUED FOR THE HOTEL.
WE'LL GO BACK TO THE THINKING.
UM, IN THIS PHOTO YOU CAN SEE MOST CLEARLY THE MAIN INGRESS OR THE MAIN, UH, EGRESS COMING OUT OF THIS PROPERTY THAT'S GONNA BE THERE TO THE SOUTH END OF THE HOTEL, UM, PARKING LOT.
AND THE, UM, THE TWO PROPERTY OWNERS HAVE BEEN IN DISCUSSION AND I, UM, WE ANTICIPATED THE, UM, REQUIRED EASEMENT ACCESS EASEMENT TO BE OUR AGREEMENT TO BE RECORDED TODAY.
IT HASN'T GOTTEN DONE YET, BUT UM, IT SHOULD BE DONE IN THE NEXT COUPLE DAYS.
SO THAT'S WHY WE'RE MAKING IT A REQUIREMENT OF THE SPECIAL NEEDS PERMIT.
UM, SO THAT'S THE, THAT'S IT FOR STAFF'S.
IS THERE ANY QUESTIONS FOR STAFF? DOES THE BOARD HAVE ANY QUESTIONS? AND, UH, EMILY FROM MBA PARK, TEXAS HERE, SHE CAN, UH, SPEAK ON BEHALF OF THE APPLICATION IF YOU HAVE ANY QUESTIONS FOR THE, THE APPLICANT.
ARE YOU READY? UM, SURE, SURE.
OH, UM, YEAH, WE WILL JUST BE, UM, UPON YOUR APPROVAL WE WILL JUST BE AT, UM, PROVIDING THREE FLOORS OF HOTEL STORAGE ON THE BASEMENT, UM, AND 12 PARKING SPOTS IN THE PARKING LOT.
AND AS SETH SAID, THE OWNERS OF THIS PROPERTY AND THE ADJACENT PROPERTY HAVE BEEN, UM, IN DISCUSSIONS AND PLAN TO SIGN THE EASEMENT, UM, AND GET THAT REPORTED AS SOON AS POSSIBLE.
UM, OTHER THAN THAT, THANK YOU FOR REVIEWING.
SO IS IT SAFE TO ASSUME THAT THE, UH, THERE'S A VERBAL AGREEMENT IN PLACE AS OF RIGHT NOW AND Y YES, AND THEY HAVE IT WRITTEN UP.
UM, THE ATTORNEY WAS JUST NOT IN THE OFFICE TODAY FOR THEM TO BE ABLE TO SIGN IT.
I DO SEE HERE ON THE, UM, DEPARTMENT
[00:10:01]
REVIEW THAT IS STATED THAT YOU'RE GONNA HAVE ROLLING TRASH DUMPSTERS STORED UNDER THE MECHANICAL PLATFORM.IS THAT SOMETHING JUST FROM THE DESIGN THAT YOU'RE HAVING TO PUT THE ROLLING DUMPSTER STYLE IN PLACE FOR THIS? I I ASSUME YOU'RE GONNA HAVE A SIGNIFICANT AMOUNT OF TRASH BE IN A HOTEL? UM, SO THE ORIGINAL DESIGN HAD A STANDARD DUMPSTER, UM, AND THAT WAS PART OF THE AGREEMENT WITH THE ADJACENT PROPERTY OWNER THAT HE WAS CONCERNED TRASH WOULD BLOW ONTO HIS PROPERTY, UM, WITH A TRADITIONAL DUMPSTER.
SO THE OWNERS AGREED TO DO ROLLING TRASH DUMPSTERS TO AVOID THAT ISSUE.
AND THAT'S NOT SOMETHING THAT THEY'LL JUST PUT BE PUT TO THE CURB IN THE CITY IF IT'S THE BILL FOR, IS THAT CORRECT? UM, IT WILL BE PUT TO THE CURB.
IS THERE, SETH, IS THERE A, A COMMERCIAL AGREEMENT FOR THESE DUMPSTERS? CAUSE I KNOW MOST HOTELS OF COURSE HAVE TO HAVE PRIVATE SERVICE.
I KNOW IT'S, IT'S AN AGREEMENT THROUGH THE PUBLIC WORK DEPARTMENT, BUT I DON'T KNOW MUCH MORE THAN THAT.
I CAN FIND OUT WHAT THE BOARD NOW.
EMILY WAS SAYING THE ORIGINAL LOCATION FOR THE DUMPSTER WAS GONNA REQUIRE THE TRUCKS TO ACCESS THE DUMPSTERS FROM THE ADJACENT PROPERTY.
I THINK THAT'S, THOSE, THOSE DISCUSSIONS RESULTED IN THE CURRENT DESIGN WITH THE, WITH THE ROLLOUT.
IT, IT'S SAFE TO UNDERSTAND THAT THIS IS INVERTING THE, THE TRAFFIC PATTERN ON THIS PROPERTY.
CURRENTLY THE ENTRANCE IS WHERE THE MECHANICAL PLATFORM RIGHT.
IS THEY'RE GONNA BE OPENING UP THE OTHER SIDE YES.
AND CLOSING THAT OTHER SIDE OFF.
BUT THAT'S THE POINT OF THE OTHER POINT OF EGRESS HERE.
UH, WELL I KNOW THERE'LL BE A HOTEL AND A HOTEL MOTEL OF A UH, UH, DO YOU HAVE, I KNOW THEY SAY YOU NEED A BACKFLOW PUT AND A GREASE TRAP.
DO YOU ALREADY HAVE THAT, YOU KNOW, ESTABLISHED? SO THOSE ARE EXISTING FROM WHEN THE RESTAURANT WAS IN THE FIRST FLOOR, UM, OF THE OLD USE, THE GREASE TRAP WILL BE ABANDONED, UM, BECAUSE THERE'S NO LONGER A NEED FOR IT.
UM, AND THE BACKFLOW PREVENTER IS ALSO, UM, EXISTING.
SO YOU'RE SAYING THAT YOU ALREADY LOOK AT THE GREASE TRAP AND THEY DON'T NEED ANY CLEANING OUT OR ANYTHING? UM, I'M NOT SURE IF IT NEEDS CLEANING OUT, BUT IT WILL NOT BE IN USE FOR THE HOTEL MOTEL USE.
UM, IT WILL JUST BE ABANDONED.
AS IS, IS IT SAFE TO ASSUME THAT THAT'S JUST DUE TO, I'M SORRY, BARBARA, WERE YOU WHO, UM, BECAUSE IT'S NO LONGER GOING TO HAVE SIGNIFICANT FOOD SERVICE OR WHAT'S THE DYNAMIC OF THIS ESTABLISHMENT? UM, YES, THERE WILL BE NO MORE FOOD SERVICE IN THE FACILITY AT ALL.
SO THERE WON'T BE A NEED FOR THE GREASE TRIAL.
SO THE, I THINK THAT QUESTION PROBABLY CAME WITH OUR FIRST QUESTION ABOUT PUBLIC SAFETY WILL MATERIAL, UH, WILL THE PROJECT MATERIAL ENDANGER THE PUBLIC HEALTH AND SAFETY? AND I KNOW I HAVEN'T REALLY GONE THROUGH THE PROCESS REAL GOOD CUZ THERE'S NOBODY SITTING IN THE BLEACHERS BEHIND YOU.
SO IT'S PROBABLY TIME THAT WE MIGHT NEED TO KIND OF GET BACK ON SCHEDULE A LITTLE BIT.
AND I GUESS I SHOULD ASK THE CITY ATTORNEY IF WE SHOULD READ THROUGH EACH AND ASK FOR PUBLIC COMMENT OR IF WE SHOULD JUST MOVE FORWARD WITH THE FOUR STEPS SEPARATELY OR TOGETHER OR WHAT YOUR BEST, SINCE WE HAVE NO PUBLIC COMMENT, SINCE THERE IS NO PUBLIC HERE, IF YOU WOULD LIKE TO, UM, PROPOSE THE, THE PUBLIC COMMENT QUESTIONS TO THE APPLICANT SINCE SHE'S THE ONLY PERSON HERE THAT WOULD BE APPROPRIATE.
SO WOULD IT BE BEST TO READ THROUGH THE FOUR CRITERIA? SURE.
ALL AT ONE TIME AND THEN GO FROM THERE.
SO LET'S DO IT THAT WAY TO TRY TO STREAMLINE THINGS A LITTLE BIT AND, OKAY, GO ON.
SO WITH THE WAY THE PROCESS WILL WORK IS, UM, AND I'LL READ RIGHT FROM THE APPLICATION, ALTHOUGH THE APPLICATION MAY BE, EXCUSE ME, ALTHOUGH THE APPLICATION MAY BE FOUND TO COMPLY WITH THE, ALL THE PROVISIONS OF THE ORDINANCE, THE BOARD MAY STILL DENY THE SPECIAL USE PERMIT IF IT CONCLUDES THAT IT APPROVED AS PROPOSED, THE DEVELOPMENT MAY, AND THEN THERE'S FOUR CRITERIA THERE, AND I'LL READ THOSE FOUR CRITERIA WILL MATERIALLY ENDANGER THE PUBLIC HEALTH AND SAFETY WILL SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUTTING PROPERTY WILL NOT BE IN HARMONY WITH THE CHARACTER OF THE PARTICULAR NEIGHBORHOOD OR AREA IN WHICH IT IS TO BE LOCATED.
AND NUMBER FOUR IS, WILL NOT BE IN GENERAL CONFORMITY WITH THE LAND USE PLAN, THEREFORE PLAN OR OTHER OFFICIALLY ADOPTED BY THE CITY OF NEWBURN.
AND I SHOULD SAID, THOROUGH FAIR PLAN.
SO THOSE ARE THE PRIVATE FOUR CRITERIA.
UM, AND WE DON'T HAVE ANY COMMENTS.
[00:15:01]
CAN DO IS JUST ASK THE BOARD IF THERE'S ANY QUESTION IN REFERENCE TO, WELL, I WOULD PROPOSE EACH OF THE FOUR CRITERIA TO THE APPLICANT AND GIVE HER AN OPPORTUNITY TO RESPOND TO THOSE CRITERIA.DO YOU, DO YOU HAVE, IS THAT OKAY WITH YOU GOING THAT WAY? SURE.
SO THE FIRST ONE SINCE WE STARTED WITH THE GREASE TRAP, WE'LL GO TO HIT, UH, WILL MATERIAL ENDANGER THE PUBLIC HEALTH AND SAFETY.
SO IS THERE ANY ADDITIONAL COMMENTS IN REFERENCE TO PUBLIC HEALTH AND SAFETY OTHER THAN THE GREASE TRAP? I, I DON'T HAVE ANYTHING.
ARE THERE ANY QUESTIONS BY THE BOARD? OKAY, SO WE CAN MOVE DOWN TO YES, SIR.
MAY I ASK ONE QUESTION? I'M SORRY.
UM, WHERE'S THE LOCATION OF GREASE TRAP ON HIS PROPERTY? I CAN'T SEE IT IN THIS.
THERE'S A KIND OF A SQUARE INSIDE OF A SQUARE, UM, TOWARDS SOUTH FRONT STREET.
IT'S LABELED AS UTILITY COVER.
AND SINCE IT'LL BE ABANDONED, ARE, ARE YOU FILLING IT IN OR ANYTHING LIKE THAT? OR IS THERE ANY MAINTENANCE TO KEEP IT? I, I WOULD ASSUME, I DON'T KNOW WHAT IT LOOKS LIKE, BUT I'M JUST MAKING SURE AS FAR AS ENDANGERMENT GOES, UM, IF THEY, UM, HAVE TO FILL IT IN OR DO WHATEVER TO MAKE IT SAFE, THEY WILL DO THAT.
SO I, I'LL HAVE A QUESTION SINCE WE'VE GOT TO WHERE IT MAY BE SAFE OR NOT BE SAFE, IS THAT A PLACE WHERE WE NEED TO POTENTIALLY ASK THAT THAT'S PART OF THE CONDITION THAT IT IS CHECKED ON? OR DO WE EITHER VOTE YAY OR NAY OR HOW WOULD THAT PROCESS WORK? YOU WATER DEPARTMENT WILL, UM, NOT SIGN OFF ON THE CO IF THEY DON'T FOLLOW THROUGH.
SO THAT'S, SO THAT'S MORE OF A, MORE OF A, A JOB FOR THE CONTRACTOR THAT'S, THAT'S WORKING ON THE, THE REMODEL.
SO WHATEVER, WHATEVER THE WATER DEPARTMENT, WHICH WE CITY ENGINEER BOARD USE REQUIRES THEM TO DO WITH THE GREASE TRAVEL WILL HAVE TO GET EXECUTED.
SO THAT'S PART OF THE CO YES, SIR.
SO BARBARA, DOES THAT HELP ANSWER YOUR QUESTION? YES, MA'AM.
DON'T, IT'S GOING TO BE FILLED IN, YOU SAID IT GONNA BE FILLED IN, RIGHT? IT'LL BE NECESSARY.
THEY'LL DO WHATEVER, UM, IS REQUIRED WITH THEM, WHAT, WHATEVER THAT PROCESS MAY BE.
AND YOU PLAN TO MEET ANY REQUIREMENTS OF THE NEW BURN FIRE DEPARTMENT AS FAR AS THE SAFETY OF THIS FACILITY? AS FAR AS SIR? UM, YES.
ARE THERE ANY ADDITIONAL QUESTIONS? COMMENT.
SO LET, LET'S MOVE ON TO NUMBER B OR TWO.
WE'LL SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUTTING PROPERTY.
IS THERE ANY COMMENTS OR? I I DON'T THINK IT WILL REDUCE THE QUALITY.
SO ARE THERE ANY QUESTIONS? OKAY.
AND AND THIS IS, OH, GO AHEAD.
NO, JUDGE, WHAT IS THE ADJOINING PROPERTY? I'M, I APOLOGIZE, I'M SO NEW TO THIS.
WHAT IS THE ADJOINING PROPERTY CURRENTLY? UM, SO LOOKING AT THIS PLAN TO THE RIGHT IS THE CONVENTION CENTER PARKING LOT.
UM, TO THE LEFT IS I BELIEVE, UM, AN INSURANCE OFFICE.
UM, AND THEN TO THE BACK IS THE HOTEL PARKING LOT AND HOTELS THAT ARE ON THE WATER, UM, SURROUNDED BY PARKING LOTS.
IN OTHER WORDS, EXCEPT FOR ONE BUILDING.
YEAH, SO I THINK THE CURRENT ZONING MAP THAT WE MIGHT HAVE UP ON THE SCREEN NOW, FRONT STREET WOULD BE TO, I GUESS THAT'S TO THE EAST OR THE, TO THE WEST ACTUALLY TO THE NORTHWEST AND THEN THE CRAVENS STREET TO THE, WHAT WOULD BE WEST AND UH, EAST, FRONT STREET TO THE EAST, YEAH.
AND THEN THE MOTEL, I GUESS IT'S NOW HILTON IS ACTUALLY BEHIND IT ON THE WATER.
AND THEN THAT WHOLE BLOCK IS C1 ZONING, I BELIEVE.
IS THAT CORRECT? AND SO THE, AND I GUESS OUR QUESTION IS THAT BILL BLOCK BEING C1 TO HAVE A MOTEL THAT HAS TO HAVE A SPECIAL USE PERMIT, IT'S PERMITTED IN C1, BUT IT HAS TO HAVE A SPECIAL USE PERMIT TO OCCUR, WHICH IS WHY WE'RE HERE.
SO YOU ARE COMPLETELY SATISFIED THAT THIS WILL NOT LOWER THE PROP, THE PROPERTY VALUES OF ANY BID DIRECTLY ADJACENT? UH, I DON'T BELIEVE SO.
MADAM APPLICANT, HAS THIS PROPERTY BEEN IN USE IN THE LAST SEVERAL YEARS? UM, FOR AT LEAST THE PAST TWO YEARS? I KNOW IT HAS NOT.
UM, I DON'T KNOW THE EXACT DATE OF WHEN IT WAS.
UM, DO YOU RECALL IF THIS PROPERTY WAS DAMAGED SUBSTANTIALLY BY HURRICANE FLORENCE IN 2018? UM, I DO NOT.
UM, BUT IT'S BEEN LEFT DERELICT FOR AT LEAST
[00:20:01]
THE PAST TWO YEARS AS YOUR UNDERSTANDING? YES.AND WOULD YOU UPON THAT HAVING SOME PRODUCTIVE USE IN THIS BUILDING WOULD BE BETTER THAN A VACANT BUILDING IN DOWNTOWN? YES, I WOULD AGREE WITH THAT.
SO ON, ON THE THIRD CRITERIA, UH, WILL NOT BE IN HARMONY WITH THE CHARACTER OF PARTICULAR NEIGHBORHOOD OR AREA IN WHICH IT IS TO BE LOCATED.
AND AGAIN, I THINK WE TOUCHED ON THAT A LITTLE BIT WITH OUR LAST COMMENT ABOUT HOW THE ZONING IS AND HOW IT'S SURROUNDED BY THE WATER SOUTH FRONT STREET, CRAVEN STREET AND EAST FRONT STREET AND IT'S ALL C1.
BUT IF THERE'S ANY COMMENTS THAT YOU'D LIKE TO ADD TO THAT? UM, WE HAVE BEEN WORKING WITH H HPC AS WELL TO UM, KIND OF MAINTAIN THE HISTORIC QUALITY OF THE BUILDING AND I KNOW THE OWNERS ARE PLANNING ON ADDING SOME ELEMENTS, UM, THAT'LL, UM, ADD TO THAT AS WELL.
UM, BUT I AGREE WITH IT BEING SURROUNDED BY HOTELS, IT'S INAPPROPRIATE USE IN THAT AREA.
DO YOU ALSO FEEL THAT IT'S IN KEEPING WITH THE NATURE OF THE AREA, CONSIDERING THERE ARE TWO OTHER HOTELS VERY NEARBY? YES.
SO THE, UM, ONCE THIS IS ISSUED THERE, THERE IS NO RESCINDING THE SPECIAL USE, IS THAT CORRECT? NO SIR.
THE SPECIAL USE PERMIT RUNS WITH THE LAND.
SO THE QUESTION I HAVE IS JUST AS FAR AS COMPLIANCE IS CONCERNED, UH, FOR EXAMPLE, LET'S SAY IN FIVE YEARS, 10 YEARS, UM, YOU KNOW, WE'RE FINDING THAT WE'RE HAVING A PARKING ISSUE OR SOMETHING OF THAT NATURE.
WHAT, WHAT IS THE ENFORCEABILITY TO GET BACK TO WHERE WE ARE WITH THE CURRENT PLANS? THAT'S A GOOD QUESTION.
SO IF THERE'S A CHANGE IN USE, THEN THAT TRIGGERS ADDITIONAL DEPARTMENTAL REVIEW.
UM, SO LET'S JUST SAY IF THE HOTEL TURNS INTO SOMETHING ELSE, IF THEY ADD ANOTHER COMPONENT THAT MIGHT, UM, TRIGGER ADDITIONAL REQUIREMENTS FROM THE LAND USE ORDINANCE, THAT ENTIRE PROCESS WILL GO BACK THROUGH DEVELOPMENT SERVICES.
YOU'LL SEE ANOTHER DEPARTMENTAL REVIEW AND THEY MAY NEED TO AMEND, UM, THE SPECIAL USE PERMIT OR COME AND GET AN ADDITIONAL PERMIT OF SOME SORT.
THERE MIGHT NEED TO BE SOME PERMITTING IN-HOUSE BY STAFF AS FAR AS THE ZONING PERMIT GOES.
UM, BUT ANY CHANGES IN USE WILL BE MONITORED BY OUR, OUR CITY GOVERNMENT.
SO I HAVE A QUESTION FOR YOU, MRS. APPLICANT.
THAT IS THE, UM, THE LOWER LEVEL BAR AREA, IS THAT NOT INTENDED TO BE IN USE DURING THE BEGINNING STAGES OF THE BASEMENT AREA? YES MA'AM.
AND ARE THERE ANY FUTURE PLANS TO REIGNITE WHAT USED TO BE THERE? NOT AT THIS POINT, NO.
SO MRS. ATTORNEY THAT WOULD INSINUATE THAT BASICALLY WE WOULD NEED TO COME BACK TO THIS HEARING SHOULD THEY DESIRE TO OPEN UP ANY ADDITIONAL ENTERTAINMENT OR SOMETHING LIKE THAT, AN ADDITIONAL ENTERTAINMENT VENUE, WHETHER IT'S A BAR, RESTAURANT OR ANYTHING ELSE WOULD BE A CHANGE IN USE, WHICH WOULD INITIATE ALL OF THOSE PROCESSES I JUST DESCRIBED.
NOT TO BE TEDIOUS, BUT MORE OR LESS THE SAME QUESTION.
SO WE ARE APPROVING THIS USE ACCORDING TO THIS PLAN THAT'S IN FRONT OF US.
THE ONLY SUBSTANTIAL CHANGES IN THAT WOULD REQUIRE YES, SIR.
THE ONLY APP, THE ONLY INFORMATION BEFORE USE THE APPLICATION AS IT'S BEEN PERMITTED IN THE TESTIMONY THAT'S BEING PROFFERED BEFORE YOU.
QUESTION, SINCE THIS IS IN THE HISTORIC DISTRICT, CORRECT? UH, AND IT'S A HOTEL, ARE THE REQUIREMENTS SUCH AS COLOR LANDSCAPING DIFFERENT FROM WHAT IT WOULD BE FOR RESIDENTIAL PROPERTY? UM, I'LL, I'LL ANSWER IT.
UH, PART OF THAT LEAST FOR STAFF IS YOU CAN'T REGULATE PAINT COLORS.
WE DON'T REGULATE PAINT COLORS.
GENERALLY, SO NEWBURN HAS HISTORIC GUIDELINES THAT APPLY IN THE, THE LOCAL HISTORIC DISTRICT.
SO YOU MAY BE REFERENCING THAT YOU GENERALLY HAVE A PROHIBITION AGAINST PAINTING MASONRY.
UM, BUT SINCE THIS BUILDING HAS BEEN HISTORICALLY A PAINTED MASON RESTRUCTURE, THAT, THAT, UM, PROVISION WOULD NOT EXEMPT ANY PAINT.
BUT WE DON'T REGULATE COVER AS FOR LANDSCAPING.
UM, AND I'LL DEFER TO THE APPLICANT IF SHE THINKS DIFFERENTLY.
UM, ANY LANDSCAPING PLAN WOULD HAVE TO BE APPROVED BY THE HPC ADMINISTRATOR OR SUBSTANTIAL CHANGES IN THE PLAN WOULD BE REVIEWED BY THE HPC.
IS THAT RIGHT ABOUT AN APPLICANT? YES.
ARE THERE ANY ADDITIONAL QUESTIONS, COMMENTS? SO WE'LL MOVE ON TO NUMBER FOUR, WILL NOT BE IN GENERAL CONFORMITY WITH THE LAND USE PLAN THOROUGH FOR PLAN OR OTHER PLANS OFFICIALLY ADOPTED BY THE CITY OF NEWBURN.
DO WE HAVE ANY COMMENT? I HAVE ANY QUESTION.
[00:25:01]
SO NO ADDITIONAL QUESTIONS.ARE WE IN A POSITION TO CLOSE ALL THE COMMENT? YES, SIR.
SO DO I HAVE A MOTION TO CLOSE COMMENT TO MAKE A MOTION TO CLOSE COMMENTS? ANY SECOND SECONDS? ANY OPPOSED OR ANY FOUR I SHOULD SAY? EXCUSE ME.
DO WE NEED TO DO A ROLL CALL ON IT? NO SIR.
SO I GUESS WE'RE IN THE PROCESS NOW WHERE WE CAN GO THROUGH AND READ EACH ONE AND VOTE SEPARATELY.
SO I GUESS PUBLIC COMMENT'S GOOD.
SO FOR THE FIRST ONE, WILL MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY OF THE CITY OF NEWBURN? SO NOW WE'RE GONNA TAKE A A VOTE.
UM, DO WE NEED TO DO A ROLL CALL? VOTE ON THIS? YES SIR.
SO WHEN WE CALL, WE'LL HAVE TO DO A ROLL CALL, VOTE FROM START.
AND SETH, I GUESS YOU'LL TAKE THE I'LL DO THE, YES, I'LL TAKE THE, UH, THE VOTES.
SO ALL IN FAVOR? WELL, HOLD, HOLD.
WE HAVE TO GO THROUGH EACH OF THE CRITERIA SECTION.
SO THIS IS FOR A, FOR THE FIRST CRITERIA.
AM I, HAVE I READ THE IT PROPERLY OR NO, SIR, YOU WOULD READ WHAT THE CRITERIA IS.
AND THEN SOMEONE WOULD MAKE A MOTION TO FILE.
SO SINCE I READ THE CRITERIA, WE HAVE TO DO THE MOTION NOW AND THEN WE VOTE.
SO WE MAY, WE WE'VE READ THE FIRST CRITERIA.
DO WE HAVE A, A MOTION TO ACCEPT? SO THE MOTION WOULD BE STYLED.
I MOVE THAT IF THE APPLICATION, UM, IS COMPLETED AS PROPOSED, THE DEVELOPMENT WILL COMPLY WITH ALL THE REQUIREMENTS OF THE LAND USE ORDINANCE.
IS THIS THE ROLL CALL, VOTE, OR MOTION? SOMEONE WOULD NEED TO MAKE THAT MOTION.
I MAKE A MOTION THAT WE, UH, TAKE A ROLL CALL VOTE THAT THE REQUESTED PERMIT IS WITHIN THE BOARD OF WALGREENS JURISDICTION ACCORDING TO THE TABLE FOR MS. WEAVES.
WELL, I THINK THE FIRST ONE WE HAD WAS IN REFERENCE TO PUBLIC HEALTH AND SAFETY.
SO THAT WE NEED TO DO THE PUBLIC HEALTH AND SAFETY ONE.
FIRST I MOVED THAT THE APPLICATION AS, UM, PRESENTED, UM, FOR THE USE OF THIS PARCEL WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
DO WE HAVE A MOTION? DO WE HAVE A SECOND? SO WE'RE UP FOR THE ROLL CALLS THOUGH, FERGUSON.
MR. CHAIR, I MOVE THAT THE APPLICATION HAS PRESENTED FOR THIS PARCEL IS COMPLETE.
UH, AND THE REQUEST OF SPECIALTY PERMITS WITHIN THE JURISDICTION, UH, ACCORDING TO THE TABLE OF PERMISSIBLE USES.
SO NOW WE'RE ONTO THE THIRD CRITERIA.
DO WE HAVE A MOTION? UM, I MOVE THAT WE VOTE THAT THE COMPLETED APPLICATION WE'LL COMPLY WITH ALL THE REQUIREMENTS OF THE ORDINANCE.
SO WE DO WE NEED TO READ IT OUT AS FAR AS IN HARMONY WITH THE CHARACTER IN PARTICULAR, OR? NO, I HAVE A DIFFERENT ORDER HERE.
I THINK DUFFY'S MOTION WAS TO THE ELEMENT OF I THINK MR. DUFFY'S MOTION INCORPORATED SOME OF THE LANGUAGE IN MR. FERGUSON'S LAST MOTION.
SO IF YOU'RE, I THINK WE CAN MOVE ON TO THE NEXT CRITERIA SINCE THAT THAT CRITERIA HAS BEEN ADDRESSED.
SO YES, WE, WE WANT TO TRY TO GO TO NUMBER THREE.
[00:30:01]
UH, WILL NOT BE IN CHARACTER WITH THE PARTICULAR NEIGHBORHOOD OR AREA IN WHICH IT IS LOCATED.SO WE'RE SAYING IS NOT, WE'RE HAVE TO SAY THAT IT'S IN FAVOR OF POSITIVE COMMENT.
BECAUSE THAT'S WHAT WE WOULD'VE TO FIND THAT IT WAS NOT IN COMPLIANCE WITH.
SO DO WE HAVE A, A MOTION THAT IT IS IN HARMONY WITH THE CHARACTER OF PARTICULAR OF THE NEIGHBORHOOD? MR. CHAIRMAN, I MOVE THAT THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED, UM, WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY.
THE FOURTH CRITERIA, AGAIN, THIS IS THE, THE NEGATIVE SIDE.
WE WOULD'VE TO HAVE A POSITIVE ONE, BUT WE WOULD ASK IF IT WOULD NOT BE IN GENERAL CONFORMITY WITH THE LAND USE PLAN THOROUGH FOR FAIR PLAN OR OTHER PLAN OFFICIALLY ADOPTED BY THE CITY OF NEWPORT.
OR WE NEED A MOTION THAT SAYS THAT THE PLAN IS IN ACCORDANCE WITH AND WE'RE VOTING TO ACCEPT IT MOTION THAT THE PLAN IS NOT IN CONFLICT WITH THE LAND.
IS THAT CORRECT? WHAT'S THE QUESTION? I THINK, I THINK WE COVERED THIS ONE.
DO WE HAVE A SECOND? NO, WE DON'T HAVE A SECOND YET.
SECOND, CAN, CAN YOU REPEAT YOUR MOTION MR. DUFFY? I BELIEVE WHAT WHAT WE'RE SAYING HERE IS THAT THE, UM, PLAN DOES NOT CONFLICT OR IS NOT, OR AND IS IN HARMONY WITH THE LAND USE ORDER.
I I THINK YOUR MOTION IS THAT THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED ACCORDING TO THE PLAINTIFFS ADMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT'S LOCATED AND WITH THE GENERAL CON CONFORMITY OF THE PLANET, DEVELOPMENT OF THE CITY OF NEWBURN.
WAS THAT YOUR MOTION MR. DUFFY? YES.
WE HAVE A MOTION AND A SECOND WE HAVE A ROLL CALL.
SO WE'VE CONCLUDED THAT WE'RE MOVING FORWARD.
WE'VE GRANTED THE LAND USE IN THAT MANNER, UH, THE SPECIAL USE PERMIT.
AND I HAVE ON THE NOTES HERE THAT, UM, SINCE THAT WAS THE FINAL, WE SHOULD ALSO ASK IF THERE'S ANY CONDITIONS THAT THE BOARD STAFF WOULD LIKE TO INCLUDE.
WELL, PERSON, WE NEED TO ENTERTAIN A MOTION TO ISSUE THE SPECIAL USE PERMIT.
SO YOU'VE MADE ALL THE REQUISITE FINDINGS OF FACT AND NOW IS YOUR OPPORTUNITY TO ACTUALLY ISSUED PERMIT.
SO DO WE HAVE A MOTION TO ISSUE THE PERMIT? I MAKE A MOTION.
I MAKE A MOTION TO WE ISSUE A PERMIT.
DO WE NEED A ROLL CALL AGAIN? YES SIR.
SO, SO WE'VE ISSUED THE PERMIT AND NOW WE WOULD LIKE TO ASK IF THERE'S ANY CONDITIONS THE BOARD OR THE STAFF WOULD LIKE TO INCLUDE.
AND I KNOW THE ONLY THING THAT WE'VE REALLY TALKED ABOUT WAS THE GREASE TRAP.
AND SO IS THAT SOMETHING WE WANT TO INCLUDE OR IS THAT STAFF? I THINK THERE'S THE, UH, MR. CHAIR, I THINK THERE'S, UH, WE DID HAVE A CONDITION RECOMMENDATION FOR THE CONDITION OF MAKING SURE THAT THE EASEMENT IS PROPERLY RECORDED FOR THE ABUTTING PARCEL.
SO I, I THINK THAT HAS TO BE INCLUDED.
UM, I ALSO DON'T THINK, I JUST, I DON'T THINK IT'S NECESSARY ABOUT THE GREASE TRAP.
I KNOW WE TALKED ABOUT, BUT GIVEN THE WATER AND, UM, BUILDING DEPARTMENT WILL ISSUE A CO BASED ON THE, THAT THEY WILL TAKE CARE OF THAT.
I DON'T THINK THAT'S NECESSARILY CONDITIONED APPROPRIATE FOR THE SPECIAL USE PERMIT.
UM, SO I WOULD WANT THE, UM, CONDITION TO BE THE RECORDING OF THE EASEMENT.
THAT IS OUR UNDERSTANDING ORAL AGREEMENT HAS BEEN STRUCK BETWEEN THE NEIGHBORING PARCELS.
SO MR. FERGUSON IS, IS YOUR MOTION TO ADD THE CONDITION THAT AN ACCESS EASEMENT FOR EGRESS BE RECORDED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY? YES.
[00:35:01]
OKAY.IS THERE A SECOND, COULD WE TALK A LITTLE BIT MORE ABOUT THE TIMELINE ON THAT? IS IT ABLE TO BE BROUGHT TO 60 DAYS OR LESS? I THINK WE'RE GONNA DURING THE DEBATE PORTION, YES SIR.
I JUST THINK THAT IT MAY BE HANDY DURING THE CONSTRUCTION PROCESS TO HAVE AN ADDITIONAL EASEMENT ON RECORD OR ANY ADDITIONAL, WELL, I THINK THE, THE MOTION IS, IT'S AS IT'S OUTLINED THAT IT HAS TO BE RECORDED PRIOR TO ISSUING THE CO FOR THE HOTEL.
SO YOU'RE SAYING THAT YOU WANT TO ADD OR, OR EXPEDITE IT TO WITHIN 60 DAYS.
IS THAT WITHIN 60 DAYS OF APPROVAL OF THE SPECIAL USE PERMIT? I WOULD THINK THAT IT WOULD BE ADVANTAGEOUS DURING THE CONSTRUCTION PROCESS TO HAVE ANOTHER POINT OF EGRESS.
SO IS IT POSSIBLE TO SPEAK WITH THE APPLICANT SO I CAN ASK IF THAT'S DOABLE OR DO WE HAVE TO JUST KEEP THIS BETWEEN OURSELVES? YOU GOT A MOTION ON THE FLOOR, SO, AND I'M NOT SURE IF THE PERSON WHO MADE THE MOTION IS AMENDING HIS MOTION AS OF YET.
UM, SO IF THAT, IF MR. FERGUSON'S MOTION IS DYING FOR LACK OF A SECOND AT THIS POINT AND YOU NEED ADDITIONAL INFORMATION YOU CAN INQUIRE OF, OF THE APPLICANT.
SO I GUESS THE FIRST QUESTION THEN WOULD BE IF, IF WE WANT TO DISCUSS IT, I BELIEVE, CAN WE TABLE THE MOTION TO ALLOW ADDITIONAL DISCUSSION OR ALLOW IT DIE FOR THAT SECOND? RIGHT NOW WE DON'T HAVE A SECOND FOR THE MOTION, SO WE JUST GOTTA UH, I'LL SECOND.
SO WE HAVE A MOTION AND A SECOND.
IS THERE ANY DISCUSSION? OKAY.
SO THAT THE DISCUSSION WAS OVER ASKING FOR THE ADDITIONAL 60 DAYS.
SO NOW WE CAN ASK FOR THE APPLICANT FOR DIS FOR IF 60 DAYS IS DOABLE.
IS THAT TRUE? IF, IF YOU'D LIKE TO, YES.
SO IS THAT SOMETHING WE'D LIKE TO DISCUSS WITH THE APPLICANT? MADAM APPLICANT? CAN YOU SAY YOU HAVE IT DRAWN UP AND THE ATTORNEY JUST WASN'T ABLE TO GET IT COMPLETED FOR TODAY.
DO YOU THINK THAT THAT COULD BE COMPLETED WITHIN 60 DAYS VERSUS WAITING TO THE HEELS OF THE CERTIFICATE OF OCCUPANCY? UH, YES.
THEY WERE PLANNING ON SIGNING IT WITHIN THE NEXT WEEK.
SO I'D JUST LIKE TO MAKE A MOTION THAT WE AMEND THE ORIGINAL MOTION, UM, TO ADD A 60 DAY CLAUSE WITHIN THAT.
I DON'T THINK YOUR MOTION WOULD BE TO AMEND MR. FERGUSON'S MOTION.
I THINK WE'D PROBABLY HAVE TO VOTE ON THE FIRST MOTION.
AND IS THAT CORRECT? AND THEN ASK FOR A SECOND MOTION.
THERE'S, THERE'S A MOTION ON THE MOTION AND A SECOND.
SO IF MR. FERGUSON WOULD LIKE TO AMEND HIS MOTION, HE CAN DO SO OR HE CAN ELECT NOT TO.
I GUESS THAT WOULD BE OUR FIRST QUESTION WHILE WE'RE DISCUSSING, MAKE SURE I UNDERSTAND.
THE EGRESS INTO THE ADJOINING PROPERTY IS FOR THE ADJOINING PROPERTY TO BE ABLE TO HAVE ACCESS TO THEIR PROPERTY THROUGH, IS THAT, OR IS IT FOR THE, YOU'RE SAYING IT'S FOR THE HOTEL PARCEL TO HAVE ACCESS FROM THAT ABUTTING PROPERTY? UM, IT IS FOR THE HOTEL TO EGRESS OUT OF.
THIS IS, THERE'S A PARKING LOT INTO THE HOTEL PARKING LOT.
AS OF RIGHT NOW, YOU ONLY HAVE ONE WAY IN AND ONE WAY OUT.
THAT WAS THE MAP I WAS LOOKING FOR.
UH, YEAH, I WILL, UM, MOVE TO AMEND.
WELL I WILL AMEND MY MOTION, UM, TO THE STAFF'S RECOMMENDATION.
UM, LET, LET'S SEE, LET ME GET THE LANGUAGE HERE.
THAT WE ADD THE CONDITION THAT AN ACCESS EASEMENT ALLOWING EGRESS INTO THE ADJOINING PROPERTY TO THE SOUTH, UH, MUST BE RECORDED WITHIN 60 DAYS OF THE ISSUANCE OF THE SPECIAL USE PERMIT.
SMITH, DO YOU AMEND YOUR SECOND? YES.
SO MS. MARTY AMENDS HER SECOND TO INCORPORATE THE REVISED LANGUAGE OF MR. FERGUSON'S MOTION.
SO WE HAVE A MOTION AND WE HAVE THE REVISED AND WE HAVE A SECOND.
SO ARE WE IN A POSITION WHERE WE CAN TAKE A VOTE? YES, SIR.
DO WE NEED A ROLL CALL VOTER? SHOULD WE YES SIR.
SO THE MOTION PASSES AND THAT'S THE 60 DAYS.
SO ARE THERE ANY ADDITIONAL, UH, COMMENTS THAT WE NEED TO DISCUSS? DO WE HAVE A MOTION TO ADJOURN? I MAKE A MOTION TO ADJOURN.