[00:00:01]
WHEN WE GO.UM, IF NO ONE ELSE GOT THE SHEET FINISHED, WE'D LIKE TO CALL THE MEETING TO ORDER.
[I. CALL TO ORDER]
UH, WE'RE A FEW MINUTES LATE, BUT WE'D LIKE TO TAKE A ROLL CALL.FIRST, UH, MEMBER IS BOARD MEMBER SANDRA GRAY, PRESENT BOARD MEMBER KATHLEEN MARTY, PRESENT CHAIRMAN TIM BECK, HERE, BOARD MEMBER TREY FERGUSON HERE AND BOARD MEMBER BARBARA SAMPSON.
PRESENT BOARD MEMBER GEORGE JONES.
ABSENT FOR THE RECORD BOARD MEMBER ERIC THOMPSON.
ABSENT FOR THE RECORD BOARD MEMBER MIKE DUFFY.
HE RECUSED HIMSELF JUST TO MAKE IT KNOWN FOR THE RECORD AND BOARD MEMBER, BRENDAN LOCKTON, ABSENT FOR THE RECORD.
WOULD YOU LIKE TO DO THE PLEDGE OF ALLEGIANCE? PLEDGE ALLEGIANCE TO THE FLAG FLAG OF THE UNITED STATES OF AMERICA AND THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER WITH LIBERTY AND NO JUSTICE OR ALL? YES.
[IV. CHAIRMAN’S REMARKS]
LIKE TO ASK EVERYBODY TO MAKE SURE CELL PHONES ARE TURNED OFF AND I, I'M SURE ONE MIGHT GO OFF, BUT, UM, WE'LL DO OUR BEST IF IT DOES HAPPEN.AND APPRECIATE EVERYBODY FOR ATTENDING.
UM, THE MEETING THIS EVENING IS A QUASI-JUDICIAL HEARING, AND SO WE DO OUR BEST TO STAY IN ORDER, UM, AND ASK, UH, EVERYBODY TO RESPECT EVERYBODY ELSE.
UH, IT'S GONNA TAKE SOME TIME TO GO THROUGH AND WE KNOW THINGS CAN GET EMOTIONAL FROM TIME TO TIME.
WE'LL DO OUR BEST TO SIFT OUR WAY THROUGH.
SO WE DO HAVE A A THREE MINUTE TIME LIMIT FOR, UH, DISCUSSION.
UH, THAT WILL START ONCE THE PRESENTATIONS ARE COMPLETED.
SO KENDRICK WILL DO A PRESENTATION FROM, FOR CITY STAFF, AND THEN WE'LL HAVE A PRESENTATION BY THE APPLICANT, AND THEN WE WILL HAVE REBUTTAL.
NOW, THE REBUTTAL PART OF IT, THE, THE APPLICANT DOES GET TO SPEAK, UM, FIRST AND LAST AND DURING THE REBUTTAL PROCESS TO ALLOW, WE'LL ALSO ACTUALLY TRY TO STAY AT THE THREE MINUTE TIME LIMIT AT THAT TIME.
IT WILL BE, UM, WE'RE GONNA TRY NOT TO INTERRUPT ANYBODY.
WE'LL TRY TO RAISE MY HAND MAYBE 15 SECONDS OR SO TOWARDS THE END.
AND PLEASE TRY TO DO YOUR BEST TO FINISH AT THAT TIME.
'CAUSE WE WOULD LIKE TO HEAR EVERYBODY.
UM, THAT'S PART OF THE PROCESS.
SO AT THIS TIME, I GUESS WE SHOULD SWEAR IN ANY PRESENTERS.
UM, SO I'D LIKE TO HAVE EVERYBODY STAND.
YEAH, I'M GONNA SIT BACK THERE, TREY, GIVE ME A HARD TIME ABOUT THAT.
ANY, ANYONE WHO'S PREPARED TO SPEAK TONIGHT AND OFFER TESTIMONY SHOULD STAND AND TAKE OATH.
SO ARE WE GOOD TO GO? SAY, DO YOU ALL SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
[V. SPECIAL USE APPLICATION]
SO WE'RE READY FOR SOME COMMENTS? YES, SIR.UH, THANK YOU FOR BEING HERE AT THIS BOARD ADJUSTMENT MEETING.
JUST PRIOR TO PRESENTING THIS AGENDA ITEM, I'D LIKE TO GIVE YOU SOME BRIEF, UH, EXPLANATION AS TO HOW THE SPECIAL USE PERMIT PROCESS WORKS.
UM, IT IS, UH, AS THE CHAIRMAN HAD SAID BEFORE, A QUASI ADDITIONAL HEARING.
SO WHILE MOST USES ARE PERMITTED BY RIGHT, SOME USES REQUIRE A SPECIAL USE PERMIT, UH, THE BOARD IS ACTUALLY RESPONSIBLE FOR BASING THEIR DECISION ON THESE CRITERIA THAT YOU CAN SEE REFLECTED ON THE SCREEN.
UM, THERE ARE SIX CRITERIA, ESSENTIALLY THAT THEY HAVE TO DELIBERATE ON.
EACH CRITERIA MUST BE APPROVED PRIOR TO THE PASSING OF THE ACTUAL SPECIAL USE PERMIT.
THE BOARD ALSO RESERVES THE ABILITY TO IMPOSE ADDITIONAL CONDITIONS, UH, BEYOND ZONING ORDINANCE REQUIREMENT.
AND I'LL GO AHEAD AND START OFF BY PRESENTING OUR ITEM FOR TONIGHT.
AND GOOD EVENING TO THE BOARD.
AND MR. CHAIRMAN, THE FIRST AND ONLY ITEM HERE FOR TONIGHT IS LAKE TYLER, PHASES TWO AND THREE.
THIS IS SPECIAL USE PERMIT 0 0 2 8 2 4 20 24.
[00:05:02]
AND THE LOCATION IS TWO 50 GRACIE FARMS ROAD AND FIVE 70 WASHINGTON POST ROAD.THE PROPOSED USE IS MULTI-FAMILY RESIDENCE.
THE REQUEST SUMMARY, THE APPLICANT AND OWNER ARE BOTH STARS AND STRIPES FOR FLLC AND THE TOTAL ACREAGE IS 20.78 ACRES.
THE ZONING DISTRICT IS RESIDENTIAL 10 A OR R DASH 10 A FOR THE ABBREVIATION.
AND THE PROPOSED USE, AGAIN, IS MULTI-FAMILY RESIDENCE.
THE FIRST MAP THAT YOU'RE SEEING IS A VICINITY MAP FOR THE DIFFERENT, UH, OR THE, EXCUSE ME, THE MULTIPLE PARCELS THAT ARE TIED TO THE PROPOSED USE.
THE SECOND MAP HERE IS AN AERIAL MAP FOR THE SAME PARCELS, AND THEY'RE HIGHLIGHTED IN RED SO THAT YOU CAN SEE THE OUTLINE.
THE LAST MAP HERE, OR EXCUSE ME, THE NEXT MAP IS A ZONING MAP, WHICH REFLECTS THE R DASH 10 A, UH, ZONING DISTRICT.
AND THAT'S IN ORANGE FOR, FOR THE COLOR THERE.
UM, AS FAR AS FOR DISTINGUISHING, UH, R DASH 10 A AND HERE IS THE LAST MAP AND IT SHOWS THE BUFFER, UH, THAT'S INTRODUCED AS FAR AS FOR THE A HUNDRED FOOT BUFFER REQUIREMENT THAT PERTAINS TO OUR MAILINGS.
UM, THIS GIVES YOU AN IDEA AS TO WHO WAS ALL IN THAT BUFFER, WHAT MAILING LIST WAS CREATED, AND THE DIFFERENT NOTICES THAT WERE SENT OUT TO THOSE FOLKS THAT ARE IN THAT BUFFER'S AREA.
AND HERE IS THE SITE PLAN FOR THE PROPOSED USE.
THIS IS ALSO FOLLOWED BY A SECONDARY PART OF THEIR PLAN AND JUST SOME BOARD AFTER ACTIONS.
UM, IF THE BOARD HAS ANY QUESTIONS FOR MYSELF AT THIS TIME, I'M HAPPY TO TAKE THOSE AND I'LL SEE IF I CAN ANSWER THOSE FOR YOU.
I GUESS WE'RE CLEAR ON THE QUESTIONS CAN, ALRIGHT.
THE APPLICANT SUBMITTED A POWERPOINT AND ESSENTIALLY THEY'RE GONNA HAVE THAT AS PART, AS THEIR, AS PART OF THEIR PRESENTATION THAT'S BEEN INCLUDED, UM, TO TAKE PLACE IMMEDIATELY AFTER THESE SLIDES.
SO THEY'RE GONNA BE ESSENTIALLY MOVING FORWARD WITH PRESENTING THEIR POWERPOINT.
GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE BOARD.
THANK YOU FOR HAVING US TONIGHT AND, AND FOR HEARING OUR APPLICATION ON THIS SPECIAL USE PERMIT.
I'M WITH THE LAW FIRM OF BOARD SMITH HERE IN NEW BERN, NORTH CAROLINA, AND I'M REPRESENTING THE APPLICANT STARS AND STRIPES FOUR FLLC.
AND I HAVE WITH ME TONIGHT SEVERAL PEOPLE WHO ARE GOING TO SPEAK TO YOU ALL ABOUT THIS PROJECT.
IN ADDITION TO MYSELF, UH, LOGAN BAILEY PERKINS, WHO IS GONNA SPEAK ON BEHALF OF STARS AND STRIPES.
TYLER JOHNSON, WHO IS WITH, UH, ST.
BORK, WHICH IS A, A COMPANY THAT WORKS WITH, UM, STARS AND STRIPES.
JOHN THOMAS, WHO IS THE ENGINEER ON THE PROJECT AND HAD ACTUALLY, UH, PUT TOGETHER THE, UM, YOU KNOW, THE DRAWINGS AND THINGS FOR THE, UH, PLANNED, UH, PROPOSED PROJECT.
SUZANNE NELSON, WHO IS SITTING ON THE SECOND ROW, UH, SHE'S AN APPRAISER AND SHE'S GONNA, UH, TALK TO YOU ALL ABOUT THE IMPACT ON VALUES OF JOINING PROPERTIES.
AND THEN WE HAVE CHASE SMITH, WHO'S HERE FROM, UH, DRMP, WHICH IS THE TRAFFIC ANALYSIS CONSULTANT THAT WE HIRED.
I DO HAVE SOME BINDERS OF MATERIAL THAT I'D LIKE TO HAND OUT, SO IF I COULD JUST TAKE A FEW MINUTES TO DO THAT AND GET THOSE TO YOU ALL.
IN THE BINDERS THAT WE'VE PRESENTED TO YOU ALL,
[00:10:01]
UH, THE INFORMATION THAT'S IN THERE IS THE, THE UNDER TAB ONE IS THE, UH, COMPLETE COPY OF THE APPLICATION, MINUS THE PLANS.UH, THE PLANS WERE LARGE AND SO THEY, WE DID NOT INCLUDE THOSE WITH THAT.
THE SECOND, UH, TAB IS A COPY OF OUR POWERPOINT PRESENTATION, UH, WHICH WILL BE ALSO VISIBLE ON THE SCREEN TO YOU AND TO THE MEMBERS OF THE AUDIENCE SO THAT Y'ALL CAN FOLLOW ALONG WITH THAT.
TAB THREE IS THE PROPOSED SITE PLAN, WHICH, UH, KENDRICK JUST SHOWED YOU ALL ON THE, UH, ON THE SCREEN.
AND THEN TAB FOUR IS OUR TRAFFIC IMPACT ANALYSIS, THE COMPLETE, UM, VERSION OF IT, WHICH I BELIEVE YOU ALL GOT IN YOUR PACKET.
UH, WITH THIS, UM, TAB SIX AND SEVEN ARE, UH, SUPPORTING INFORMATION FOR, UH, COMPLIANCE WITH THE DEVELOPMENT ORDINANCES AND ALSO THE CAMEL LAND USE PLAN CONSISTENCY.
I'VE PUT TOGETHER A CHART AND I'LL GO OVER THAT, UH, WHEN IT'S MY TURN TO SPEAK.
AND THEN THE LAST, UH, INFORMATION IS, UH, PROFESSIONAL RESUMES, AND WE'RE GONNA ASK THAT THE BINDER BE MADE PART OF THE RECORD, UH, OF TONIGHT'S PROCEEDINGS.
AND WITH THAT, WHAT I'M GONNA DO IS, AS YOU CAN SEE ON THE FIRST SLIDE THAT WE'VE GOT UP, UM, THOSE ARE THE TEAM MEMBERS THAT ARE HERE TONIGHT TO TRY AND, UH, PRESENT THIS APPLICATION TO YOU ALL.
UH, AGAIN, UM, THE FIRST INDIVIDUAL THAT'S GONNA SPEAK IS, UH, LOGAN BAILEY PERKINS, AND HE'S GONNA TALK ABOUT DRAAK AND STARS AND STRIPES, LLC AND WHAT THEY'RE ABOUT, UH, SINCE THEY'RE THE OWNER OF THE PROPERTY.
UH, GOOD EVENING TO, UH, THE BOARD MEMBERS AND ALL THE PEOPLE, UH, FROM THE COMMUNITY WHO DECIDED TO ATTEND TONIGHT.
MY NAME IS LOGAN BILLY PERKINS.
I'VE BEEN WORKING WITH DRAAK SINCE JANUARY OF THIS YEAR.
BEEN WORKING IN REAL ESTATE DEVELOPMENT FOR 22 YEARS IN VARIOUS ASPECTS OF REAL ESTATE DEVELOPMENT PROJECTS.
UM, I'M HERE TONIGHT ON BEHALF OF DRA PACK AND THE APPLICANT STARS AND STRIPES.
JUST WANTED TO QUICKLY, UH, TELL YOU A A FEW IMPORTANT FACTS ABOUT WHO DRAAK IS, UM, AS YOU'LL SEE, AND, AND THE SLIDE THAT'S UP.
DRE PACK IS AN AUSTRALIAN COMPANY.
IT WAS FOUNDED IN, UH, 1987 IN MELBOURNE, AUSTRALIA.
UH, WE ENTERED THE US MARKET IN, UH, 2011, INITIALLY ON THE WEST COAST.
HOWEVER, WE DECIDED, UH, TO MOVE OUR HEADQUARTERS TO, TO THE ATLANTA, UH, GEORGIA AREA.
UH, CURRENTLY THE PORTFOLIO CONSISTS OF 17,000 RESIDENTIAL LOTS ACROSS 51 PROJECTS IN NINE STATES, MANY OF WHICH ARE IN THE SOUTHEAST AND INCLUDING MANY OF WHICH ARE, ARE IN NORTH CAROLINA.
UH, TYLER HOME ON A LAKE, UH, WAS ACQUIRED IN 2016, ANOTHER CASUALTY OF OF THE HOUSING RECESSION.
AT THIS TIME, ONLY 16 HOUSES WERE WERE CURRENTLY BUILT IN THE COMMUNITY AS PART OF OUR ACQUISITION.
DRA PACK AND STARS AND STRIPES HAS INVESTED A SIGNIFICANT AMOUNT OF MONEY, INFRASTRUCTURE, TIME, LOVE, DEDICATION, UH, REBRANDING EFFORTS AND CONSTRUCTION OF, OF COMMUNITY AMENITIES TO TRY TO BRING TYLER, UH, UH, ON A LAKE TO A REAL LIFE LIVING, UH, PROJECT.
UH, SINCE THEN, WE'VE BEEN WORKING WITH NATIONAL HOME BUILDERS TO OVERSEE THAT VISION THAT WE TOOK OVER, AND WE HOPEFULLY ENHANCED TO BRING OVER 300 HOMES TO LAKE TYLER.
AND HOPEFULLY, UH, WE'RE HERE TONIGHT OBVIOUSLY TO, TO SEE IF WE CAN GET YOUR AUTHORIZATION AND APPROVAL TO BUILD A LITTLE BIT MORE.
OUR NEXT SPEAKER IS GONNA BE JOHN THOMAS, AND HE'S GONNA TALK ABOUT THE DR.
THE DRC PROCESS AND THE, AND THE PLANS.
I'M WITH THOMAS ENGINEERING HERE IN NEWBURN.
I WAS BORN AND RAISED IN NEWBURN.
UH, WE'VE BEEN OPERATING FOR A LITTLE OVER 40 YEARS NOW, AND WE WORK IN ABOUT EIGHT OR 10 COUNTIES THROUGHOUT EASTERN NORTH CAROLINA.
UH, JUST VERY BRIEFLY, UH, WE PREPARED THE, UM, I CAN HEAR MYSELF REALLY GOOD
I GOT MY HEARING AID TURNED ALL THE WAY UP.
WELL, ERIC'S A LITTLE TALLER THAN THAN YOU AND I STILL CAN'T HEAR YOU VERY WELL, BUT I'LL, I'LL TRY MY BEST TO LISTEN.
UH, ERIC SAID WE PREPARED THE SITE PLAN HERE.
UH, THE CLIENT, THE DEVELOPER PROVIDED US WITH A, A BUILDING SEVERAL BUILDINGS TO PUT ON THIS SITE.
AND SO AFTER ABOUT NUMEROUS RENDITIONS, WE CAME UP WITH THIS PARTICULAR SITE PLAN.
UM, WE HAVE SEVERAL ACCESSES, UH, OFF OF GRACIE FARM ROAD AND INTERIOR TO THE, UH, SUBDIVISION.
AS PART OF THE PROCESS IT WENT, WE WENT THROUGH, WE LOOK AT ALL THE INFRASTRUCTURE THINGS THAT HAPPEN ON THIS SITE, SUCH AS WATER, SEWER, UH, STORM WATER, UM, PARKING, AND EVERYTHING ELSE THAT WOULD INFLUENCE THE INFRASTRUCTURE ON THIS SITE.
UM, OUR ANALYSIS THAT EVERYTHING
[00:15:01]
WAS ADEQUATE FOR THIS SITE WITH THOSE UTILITIES AND INFRASTRUCTURE AS PART OF WHAT THIS PROCESS WE SUBMITTED BACK IN THE FALL TO THE PLANNING DEPARTMENT, THIS PARTICULAR PLAN, AND IT ACTUALLY WENT THROUGH ON NOVEMBER THE 17TH, UH, DEPARTMENTAL REVIEW.UM, WE RECEIVED COMMENTS FROM THAT AND WE RESPONDED TO ALL THOSE COMMENTS.
UH, MOST OF IT WAS JUST SOME, UM, HOUSEKEEPING STUFF ON THE PLAN, BUT EVERY DEPARTMENT IN THE CITY RES RESPONDED IN SOME FASHION.
MOST OF 'EM WERE PROCEDURAL STUFF WHEN WE MOVE INTO THE ACTUAL DEVELOPMENT OF THE PLANS TO CONSTRUCT THIS FACILITY, WHICH WE'LL COME BACK TO THE CITY TO DO THAT.
BUT JUST TO HIT ON A FEW OF THE PERMITS THAT WE'LL BE OBTAINING ONCE WE GET THROUGH WITH THIS, UH, THIS, UH, HEARING IS, YOU KNOW, WE HAVE TO DO DRIVEWAY PERMITS WITHIN CDOT AND THE CITY.
UH, WE'LL BE SUBMITTING FOR EROSION SEDIMENTATION PATROL PERMITS ONCE WE DEVELOP THOSE PLANS.
UH, STORMWATER MANAGEMENT IS A BIG PART OF THIS AS WELL.
UH, WATER SYSTEM, SEWER SYSTEM, AND ALSO CITY OF NEW, UH, CONSTRUCTION PLAN APPROVALS.
ONCE WE GET TO THAT, I'LL BE GLAD TO ANSWER ANY QUESTIONS.
ANYBODY HAVE ANY QUESTIONS? UH, CAN I ASK THAT PLEASE? SURE.
MR. CHAIRMAN, UH, THE GREEN SPACE THAT'S LISTED ON THE SITE PLAN, UM, THAT'S OPEN GREEN SPACE AND IS AVAILABLE TO ANY RESIDENT IN THE AREA.
YOU'RE ASKING ABOUT GREEN SPACE.
UM, MOST OF THE OPEN SPACE IS, IS COLORED IN GREEN.
UM, IF THAT'S WHAT YOU'RE REFERRING TO.
IT, SO IT'S, AND THAT DOESN'T MEAN WOODED OR VEGETATIVE IS IS SPACE THAT'S NOT PART OF ANY PART OF THE ROADS OR THE LOTS THAT ARE IN, SO IT'S OPEN SPACE THAT'S AVAILABLE TO ALL THE RESIDENTS YES.
I AM GONNA CALL UP, UH, TYLER JOHNSON.
HE'S GONNA SPEAK TO YOU A LITTLE BIT ABOUT SOME CHANGES THAT WE'VE, UH, TALKED ABOUT MAKING BASED ON COMMENTS FROM THE RESIDENCE AND ALSO ABOUT SOME OF THE, UH, DESIGN ASPECTS OF WHAT THE CONCEPTS ARE FOR HOMES AND THINGS FOR THIS TOWN PROJECT.
UH, GOOD EVENING, MEMBERS OF THE BOARD CHAIRMAN, THANK YOU FOR YOUR TIME TONIGHT.
MY NAME'S TYLER JOHNSON, AS ERIC SAID.
UH, I RESIDE IN ATLANTA, GEORGIA.
UM, I HAVE A BACHELOR'S DEGREE IN LANDSCAPE ARCHITECTURE MASTER'S DEGREE IN, UH, MAS IN, UH, URBAN PLANNING AND DESIGN, AND HAVE BEEN WORKING IN REAL ESTATE, UH, DESIGN AND DEVELOPMENT FOR OVER 12 YEARS.
UM, SO TAKING THE PLAN WE JUST HAD UP THAT, THAT JOHN PUT TOGETHER FROM AN ENGINEERING PERSPECTIVE, WE'VE, WE'VE KIND OF TURNED SOME COLOR ON THIS.
UM, AND THIS MAY HELP WITH YOUR, YOUR GREEN SPACE QUESTION.
UM, WE, WHAT WE WANT TO KIND OF REPRESENT THE VISION THAT WE SEE FOR THE SITE HERE.
UM, SO WE'VE GOT THE TOWN HOMES.
OUR MAIN ENTRY WOULD BE ON THE, UH, PAGE LEFT THERE OFF OF GRACIE FARMS ROAD.
UH, AND YOU CAN SEE, UH, WHAT WE HAVE DONE IS PRESERVED OUR, OUR INTENT IS TO PRESERVE A VAST AMOUNT OF SOME OF THE VEGETATION THAT CURRENTLY EXISTS ON SITE.
THERE'S SOME NICE TREE CANOPY OUT THERE.
UM, SO ON THE BOTTOM OF THE SCREEN THERE, ALONG WASHINGTON POST ROAD, WE INTEND TO KEEP A VEGETATIVE BUFFER THERE FOR SCREENING PURPOSES.
AND THEN ON THE TOP OF THE SCREEN, A A VERY LARGE, UH, TREE CANOPY AREA THERE.
WE INTEND ON KEEPING THAT AS WELL TO, UH, HELP KIND OF BUFFER THIS FROM THE EXISTING SINGLE FAMILY HOMES THAT ARE CURRENTLY IN, UH, TYLER HOLM ON THE LAKE.
UH, IN THAT WE SEE, UH, A TRAIL SYSTEM GOING BOTH THROUGH THE TREE CANOPY AND THEN IN THE CENTER OF THE COMMUNITY, SOMETHING THROUGH THERE, THROUGH THAT COMMON OPEN SPACE AROUND TO THE PROPOSED STORMWATER POND AND TRY TO USE THESE OPEN SPACES AS COMMON AREA, UH, AMENITIES.
AS ERIC ALLUDED TO, UH, WE'VE MET WITH THE COMMUNITY, THE EXISTING, THE RESIDENTS IN THE COMMUNITY A COUPLE TIMES OVER THE LAST WEEK.
AND SOME OF THE FEEDBACK WE RECEIVED WAS THAT, YOU KNOW, THERE'S SOME CONCERN ABOUT THE EXISTING POOL AND WHETHER THESE RESIDENTS COULD USE THAT OR NOT.
UH, SO WHAT WE HAVE DONE IS IN THE TOP RIGHT PORTION THERE, WE'VE REMOVED FOUR UNITS AND DEDICATED A SPACE FOR A POTENTIAL FUTURE AMEN.
AMENITY, UH, AND, UH, WANTED TO MOVE FORWARD IN, IN THAT FASHION IF POSSIBLE TO, YOU KNOW, SHOW GOOD FAITH AND, AND THE FEEDBACK THAT WE'VE RECEIVED FROM THE, THE RESIDENCE.
SO LET ME ASK YOU A QUESTION REAL QUICK.
WHEN YOU SAY TOP RIGHT HAND CORNER YEAH, WE'VE GOT THE PROPOSED PLAN
[00:20:01]
IN FRONT OF US HERE ALSO.UM, ARE WE TALKING THE LEFT HAND SECTION OR THE RIGHT HAND SECTION? IT'S THE, THE LEFT POD.
AND THE, I'D SAY TOP RIGHT CORNER OF THE LEFT POD, JUST TO THE RIGHT OF THE POND.
AND IT WOULD, SO IT WOULD BE THE, THE BLOCK OF HOMES THAT ARE ABOVE THE CUL-DE-SAC? THAT'S CORRECT.
YES, THERE'S FOUR UNITS THERE.
SO IN THIS, UH, VERSION, WE'VE REMOVED THOSE AND BUBBLED IN A DEDICATED, UH, FUTURE AMENITY SPACE.
MR. CHAIR, JUST TO MAKE SURE THAT THE RECORD IS CLEAR, THERE IS A SITE PLAN THAT HAS BEEN INCLUDED IN THE BINDER, I DO BELIEVE UNDER PAGE TAB THREE THAT REFLECTS, IT LOOKS LIKE SOME LOTS IN THE AREA WHERE THE GENTLEMAN IS SAYING THERE IS NOW A BUBBLE.
IF WE CAN MAKE SURE THAT THE, THE APPLICANT ADDRESSES WHETHER THE SITE PLAN WOULD NEED TO BE AMENDED, WHAT CONSTITUTES THE SITE PLAN THAT'S BEING PROPOSED TO YOU ALL TONIGHT? OKAY.
COULD THIS BE DONE AS A CONDITION IF IT WAS BEING CONSIDERED? YES, SIR.
WHERE IT CAN BE, UH, CONDITIONED AS LAW, UH, UNIT 0 5 3 THROUGH 0 5 6 ARE NOT PART OF THE APPROVAL? YES, SIR.
IF THAT'S THE APPLICANT'S PLEASURE, YES.
IT'S MY UNDERSTANDING, IT'S MY UNDERSTANDING, UH, MR. CHAIRMAN, THAT IF IT'S A MINOR CHANGE OR SOMETHING LIKE THAT, WHERE IT DOES NOT INCREASE THE DENSITY THAT CAN BE APPROVED BY STAFF WITH A CONDITION THAT THE PLANS JUST BE SUBMITTED TO THEM.
BUT THAT'S WHAT THE INTENT WOULD BE IS TO, TO ELIMINATE THAT ONE BUILDING AND THEN PUT AN AMENITY AREA IN THAT, UH, IN THAT SPACE THERE, THAT'S ABOVE THE CUL-DE-SAC.
AND, AND JUST REALLY QUICK TO BE CLEAR, YOU SAID THAT THIS CHANGE FROM THE SITE PLAN TO THE, WHAT WE'RE SEEING IN FRONT OF US NOW, THAT SHOWS THE AMENITY AREA, UH, WAS A CHANGE THAT CAME OUT OF TALKING WITH RESIDENTS AND TRYING TO COMPROMISE AND WORK WITH EXISTING RESIDENTS.
WE WERE HERE, UH, TWO WEEKS AGO AND ATTEMPTED A, A LARGE SCALE COMMUNITY MEETING.
UNFORTUNATELY, THE VENUE, UH, CANCELED ON US THE NIGHT BEFORE.
WE DID GO OUT TO THE VENUE AND MET IN THE PARKING LOT WITH SEVERAL RESIDENTS, EIGHT OR 10 OR SO.
THAT STILL SHOWED UP, HAD A GOOD CONVERSATION, GOT THAT FEEDBACK.
UM, AND THEN IN AN EFFORT TO MEET AND WITH THE BROADER COMMUNITY, WE HELD A VIRTUAL MEETING THIS PAST MONDAY NIGHT, AND THAT WAS SOME OF THE FEEDBACK THAT CAME BACK.
SO, UM, NO, NOT A TON OF DETAIL HERE, BUT THIS WAS WHAT WE COULD, COULD, COULD DO IN THE MATTER OF TWO OR THREE DAYS.
UH, HOW LONG IS THE TRAIL SYSTEM? I, I DON'T HAVE A MEASUREMENT.
I, AND AGAIN, THIS IS A VISUAL CONCEPTUAL, WE, IT'S NOT FINISHED DESIGN.
IS THAT, SO IT, YOU KNOW, WE COULD GET CIRCUITOUS IN, IN, IN THERE AND, AND DO MILEAGE MARKERS AND THAT KIND OF THING WOULD KIND OF BE THE THOUGHT.
IS THAT AREA ALL ACCESSIBLE FROM THE OTHER HOMES THAT ARE EXISTING CURRENTLY? OR IS THERE FENCING OR ANYTHING LIKE THAT? THERE'S NO FENCING, NO DITCH CURRENTLY, NO.
SO IT, IT COULD TIE INTO THE EXISTING COMMUNITY.
AND SO THE ASSUMPTION WOULD BE THAT THIS NEW OPEN SPACE IS ALSO COMMON SPACE FOR CURRENT RESIDENTS? YES, SIR.
UM, JUST TO CONTINUE ON AND KIND OF GET A LITTLE MORE DETAILED, WE'VE GOT A, A RENDERING HERE, AGAIN, KIND OF THE VISION OF WHAT WE, UH, COULD SEE OUT THERE.
UM, THIS WOULD BE A, A, A PROPOSED MIX OF TOWNHOMES, MIX OF FACADES, WIDTHS, UH, WITH DIFFERENT MATERIALS THAT COULD INCLUDE HARDY PLANK BOARD AND BATTEN, UM, STONE BRICK, UM, TO, TO VARY THOSE FACADES AND NOT HAVE JUST ELONGATED RUNS OF REPETITION.
UM, WE ALSO ENVISION, AS YOU SEE HERE, A MIX OF TWO AND ONE, ONE AND TWO CAR GARAGES TO HELP WITH THAT.
UM, IN ADDITION TO THAT, SOME STREET TREES, FLOWER AND TREES, UH, AGAIN, JUST TO CREATE A, UH, AVOIDING THE REPETITION, UH, AS YOU WERE TO DRIVE DOWN THESE STREETS AND, AND CREATE SOME, PROMOTE INTEREST IN THE, THE FACADES.
UM, AND THEN ONE OTHER POINT TO, TO NOTE HERE, UH, THE INTENT OF THIS PROJECT IS FOR THESE TO BE FOR SALE TOWN HOMES NOT FOR RENT.
SO JUST WANTED TO MAKE THAT CLEAR AS WELL.
AND, AND THESE WOULD BE BASED ON A MARKET PRICE AT THE TIME THAT THEY WERE SOLD.
ARE THEY ALL TWO STORY? THAT'S WHAT WE'RE PROPOSING.
AND JUST SOME REPRESENTATIVE IMAGERY HERE.
I'LL KIND OF GO FROM LEFT TO RIGHT.
ON THE LEFT ARE TWO EXISTING HOMES IN THE TYLER HOME ON THE LAKE COMMUNITY.
UH, THE TWO NEXT TO THAT ARE SOME REPRESENTATIVE IMAGES OF TOWN HOMES.
AGAIN, SIMILAR MATERIALS, BRICK WATER TABLES, STONE AT THE ENTRY, UH, HARDY PLANK, POTENTIALLY BOARD AND BATTEN.
[00:25:01]
THAT THE ULTIMATE GOAL IS TO CREATE A SPACE THAT'S IN HARMONY WITH THE EXISTING COMMUNITY AND NOT CREATE SOMETHING THAT'S AN EYESORE COMPLETELY DIFFERENT.WE WANT IT TO FIT IN WITH WHAT'S ALREADY THERE.
UM, AND JUST SOME STREET TREES, THE POND GRASS, YOU KNOW, WE COULD ENVISION, UH, THE, THE, THE TRAIL SYSTEM WORKING AROUND THE POND AND, AND ADDING TO THAT COMMON OPEN SPACE AND, UH, USABLE PASSIVE AMENITY SPACE.
OUR NEXT SPEAKER IS GONNA BE CHASE SMITH AND HE'S GONNA TALK ABOUT THE TRAFFIC IMPACT ANALYSIS THAT WAS DONE.
AS ERIC SAID, MY NAME IS CHASE SMITH WITH DRMP.
UM, I'VE BEEN WITH DRMP SINCE 2013 WORKING ALMOST EXCLUSIVELY ON, UH, TRAFFIC STUDIES.
UM, CURRENTLY HOLD MY PROFESSIONAL ENGINEERING LICENSE IN NORTH CAROLINA, SOUTH CAROLINA, FLORIDA, UM, MISSISSIPPI AND VIRGINIA.
UM, SO YEAH, WE COMPLETED THE, THE TIA FOR THIS PROJECT.
UM, OUR TASK WHEN WE, WHEN THE DEVELOPER DEVELOPMENT TEAM REACHES OUT TO US IS WE REACH OUT TO, UM, TOWN STAFF, CITY STAFF, UM, KENDRICK, AND ALSO N-C-D-O-T, GET THEM INVOLVED.
UM, AND FORMALLY SCOPE, UH, SET SCOPE PARAMETERS, STUDY PARAMETERS FOR THE TRAFFIC STUDY.
UH, FOR THE PURPOSE OF THIS ONE, WE WERE LOOKING AT, UM, INTERSECTIONS ON 43, ESSENTIALLY FROM 55 ALL THE WAY TO, UH, GRACIE FARMS ROAD, UM, INCLUDING THE EXISTING, UH, DEVELOPMENT ACCESS, UM, ON GRACIE FARMS ROAD, THE PROPOSED DEVELOPMENT ACCESS, UM, ON THAT SAME ROAD.
AND THEN ALSO LOOKING AT OLIVIA ROAD ON ON 43.
UM, ONCE WE DO THAT, WE GO OUT AND COLLECT TRAFFIC DATA ON A TYPICAL, UM, WEEKDAY WHEN SCHOOLS ARE IN SESSION, UH, TYPICALLY TUESDAY THROUGH THURSDAY, UM, WE COLLECTED THOSE AND YOU COLLECT THOSE DURING THE, THOSE TYPICAL PEAK PERIODS DURING THE DAY WHEN UH, FOLKS ARE HEADING TO SCHOOL, HEADING TO WORK, AND THEN, UH, COMING BACK HOME FROM WORK.
SO SEVEN TO NINE AND FOUR TO SIX ARE THOSE USUAL PARAMETERS.
UM, AND THEN ONCE WE DO THAT, WE PROJECT JUST TYPICAL COMMUNITY GROWTH, UM, ADD THAT ONTO OUR STUDY NETWORK AND THEN, UH, THAT CREATES A BASELINE FOR US.
THEN, UH, GENERATE DEVELOPMENT TRAFFIC BASED ON NATIONWIDE AND INDUSTRYWIDE STANDARDS AND, UM, ADD THAT ONTO THAT NETWORK AS WELL.
AND, AND THEN PUT IT INTO INDUSTRY AND NATIONWIDE AND INDUSTRYWIDE, UH, SOFTWARE TRAFFIC ANALYSIS SOFTWARE.
AND TAKE A LOOK AT HOW THOSE INTERSECTIONS ARE OPERATING.
UM, BASED ON THE FINDINGS OF OUR STUDY, THE MAJORITY OF OUR STUDY AREAS WORKING WITH WITHIN THOSE N-C-D-O-T THRESHOLDS, UM, WHERE WE MIGHT CONSIDER IMPROVEMENTS, THE ONE INTERSECTION WHERE WE HAD TO TAKE A LOOK AT A LITTLE SOMETHING DIFFERENT WAS THAT OLIVIA ROAD ACCESS.
UM, AND, AND BASED ON THE VOLUMES THAT WE WERE SEEING AND SORT OF HOW THINGS WERE OPERATING, UM, THAT INTERSECTION WOULD MEET THE WARRANTS FOR, UM, THE IMPLEMENTATION OF A SIGNALED INTERSECTION.
UM, WE WILL SAY, THE ONE CAVEAT THAT WE HAVE IS THAT TRAFFIC STUDY HAS BEEN SUBMITTED TO KENDRICK'S, UH, STAFF AS WELL AS N-C-D-O-T, AND IT'S, UM, STILL UNDER REVIEW.
SO, UM, IT'S PENDING REVIEW AND APPROVAL.
UM, SO WE WILL OPEN UP, UP TO QUESTIONS IF THERE ARE ANY, MR. MR. CHAIRMAN? UM, I'M CONFUSED ABOUT THE TRAFFIC SIGNALS, TO BE VERY HONEST OF, OF THE PLANS THAT I SAW.
UM, ARE YOU, HOW MANY TRAFFIC SIGNALS ARE YOU PLANNING ON 43 IN ORDER TO GET INTO THIS SUBDIVISION? JUST THE ONE? JUST THE ONE AT OLIVIA OR GRACIE? YES.
AND THOSE COMING OUT OF ON GRACIE OR COMING OUT OF THE SUBDIVISION ONTO GRACIE, THERE'S NO SIGNAL.
SO I HAD A QUESTION, KENDRICK, UM, UH, AS FAR AS APPROVAL OF THE PLAN, SO WHERE DO WE STAND THERE? IT SOUNDED LIKE THE TRAFFIC PLAN HAS NOT BEEN APPROVED OR SO YOU'RE CORRECT.
CHAIRMAN, IT HAS NOT BEEN COMPLETELY, UM, COMPLETED.
SO, BUT THAT DOESN'T HOLD UP NECESSARILY THEM GOING FORWARD TO SUBMIT THEIR APPLICATION AND PROCESS TO THE BOARD OF ADJUSTMENT.
UM, THEY'RE STILL UNDER NEEDS REVIEW CURRENTLY THROUGH NNC, DOTI BELIEVE, IF THAT'S CORRECT.
SO THE CITY REVIEWS AND N-C-D-O-T WOULD REVIEW IT IN YES.
IN IN SOME WAYS THE N-C-D-O-T WOULD HAVE TO COMPLETE THAT REVIEW BECAUSE OF THE STATE HIGHWAY, I'M ASSUMING? YES, SIR.
YEAH, CHAIRMAN TAKEBACK, I'D JUST LIKE TO ADD THAT, UH, AT THIS STAGE OF THE PROCESS, A A TRAFFIC IMPACT ANALYSIS STUDY IS NOT REQUIRED FOR THIS PART OF THE PROCESS, BUT THEY WENT AHEAD AND DID ONE AND THEY WOULD
[00:30:01]
AGREE TO BE BOUND BY WHATEVER DOT FINDS, WHATEVER THE CITY FINDS.SO IF IT SAYS THAT THERE NEEDS TO BE TRAFFIC LIGHTS THERE, THEY'RE GONNA PUT IN THE TRAFFIC LIGHTS AND THINGS LIKE THAT.
I JUST WANNA MAKE THAT CLEAR FOR THE RECORD.
WELL, THAT WOULD LEAD ME TO A QUESTION OF JAMIE THEN.
IS THAT SOMETHING ELSE THAT WE WOULD HAVE TO ADD AS A CONDITION OF APPROVAL? YOU, YOU COULD, BUT WE DON'T HAVE TO, BUT YOU DO NOT HAVE TO.
UH, YOU MAY HEAR SOME ADDITIONAL EVIDENCE THIS EVENING THAT CAUSES YOU TO MAKE A DETERMINATION ABOUT WHETHER YOU WANT TO INCLUDE THAT CONDITION OR NOT.
MAY I ASK FOR A CLARIFICATION OF THAT? WHAT WOULD THE CONDITION BE? BECAUSE, UM, IT'S MY UNDERSTANDING THAT THE BOARD CAN'T IMPOSE CONDITIONS THAT DEAL WITH THE, UM, AREAS THAT ARE UNDER THE PURVIEW OF DOT.
SO IT, IT MAY BE, IT MAY BEAR OUT THAT THE CONDITION IS THAT YOUR, TO COMPLY WITH ANY DOT REGULATIONS.
NOT A SPECIFIC NUMBER OF TRAFFIC LIGHTS OR, OR WHATEVER.
'CAUSE WE DON'T HAVE THAT INFORMATION.
OUR NEXT, UH, INDIVIDUAL'S GONNA BE SUZANNE NELSON.
SHE'S GONNA COME UP AND TALK ABOUT THE VALUE IMPACT STUDY THAT SHE DID.
I'M SUZANNE NELSON, UM, COMMERCIAL REAL ESTATE APPRAISER AND I'M AN OWNER OF REALTY SERVICES OF EASTERN CAROLINA HERE IN NEW BERN, AND I LIVE IN JACKSONVILLE, NORTH CAROLINA.
UM, THE PURPOSE OF MY REPORT WAS TO ANALYZE THE IMPACT, IF ANY, THAT THE PROJECT, UM, COULD HAVE ON THE ADJOINING, UM, PARCELS.
IN DOING SO, WE ANALYZED, UH, FOUR DIFFERENT MULTI-FAMILY DEVELOPMENT PROJECTS, THREE IN CRAVEN COUNTY, ONE IN ONSLOW.
WITH THAT, WE ANALYZED THE SALES TRANSACTIONS AS WELL AS THE ASSESSED VALUES OF THE ADJOINING PARCELS WITHIN THESE DIFFERENT DEVELOPMENTS.
AND WE DID IT BOTH, UM, BEFORE THE PROJECTS WERE BUILT TO SEE WHAT THE VALUES AND SALES PRICES WERE, AS WELL AS AFTER THE PROJECTS HAD BEEN BUILT.
AND WITH THAT, UM, OUR FINDINGS REVEALED THAT THERE WAS NO NEGATIVE IMPACT OR, YOU KNOW, ADVERSE, UM, EFFECT ON ANY OF THE ADJOINING PARCELS.
SO WITH THAT BEING SAID, UM, BASED ON THE PHYSICAL CHARACTERISTICS OF THE PROPOSED PROJECT, UM, TONIGHT, THAT WE DO NOT FEEL THAT THERE WILL BE ANY SORT OF, UM, NEGATIVE IMPACT ON THE ADJOINING, UM, PROPERTIES.
SO DO YOU GUYS HAVE ANY QUESTIONS FOR ME? NO QUESTIONS.
ALRIGHT, NEXT, UH, SPEAKER WILL BE ME AND I'M GONNA TALK TO YOU ABOUT, UH, CONSISTENCY AND COMPATIBILITY WITH THE LAND USE PLAN.
AND AGAIN, I'VE INCLUDED SOME INFORMATION BEHIND TAB SEVEN OF YOUR, UH, BINDER.
UM, AND IT, I'M NOT GONNA GO THROUGH THE WHOLE THING, BUT I WILL SAY THAT, UM, GOING THROUGH THE LAND USE PLAN FOR THE CITY OF NEW BERN, UH, THE ONE KEY THING IS, IS THAT THIS AREA IS WITHIN THE NORTH CAROLINA 43 FOCUS AREA THAT'S BEEN IDENTIFIED AS ONE OF THE THREE FOCUS AREAS IN THE LAND USE PLAN.
UM, BASED ON INFORMATION THAT'S IN THE LAND USE PLAN.
UH, THE PREDOMINANTLY THE POPULATION IS IN THE AGES OF 18 TO 64, AND MOST OF THE USE IN IN NEW BERN IS SINGLE FAMILY RESIDENTIAL.
UH, AND THERE IS A NEED FOR MULTIFAMILY TYPE RESIDENTIAL STRUCTURES.
AND SO WE BELIEVE THAT THIS TOWN HOME PROJECT WOULD HELP SATISFY SOME OF THAT NEED.
THERE ARE MAJOR EMPLOYERS THAT ARE CLOSE BY TO THIS AREA.
UH, YOU'VE GOT OF COURSE THE HOSPITAL THAT'S NEARBY BOSCH, WHICH IS VERY CLOSE TO THIS INTERNATIONAL PAPER, WHICH IS VERY CLOSE.
AND ALSO, UM, MOEN, WHICH IS, UH, TO THE, UH, WEST OF THE SITE.
THE CURRENT ZONING, AS KENDRICK SAID, IS R 10 A.
AND THAT DOES ALLOW, UH, MULTIFAMILY USE AS A SPECIAL USE.
BUT BECAUSE IT IS INCLUDED IN THE TABLE AS A SPECIAL USE, THERE IS A PRESUMPTION THAT THAT'S IN HARMONY WITH THE AREA BECAUSE THE BOARD, YOU KNOW, THE BOARD OF ALDERMEN HAVE CREATED THAT TABLE OF USES AND FOUND THAT IT IS A, UM, A HARMONIOUS USE.
YOU JUST HAVE TO GO THROUGH THIS PROCESS TO GET A SPECIAL USE PERMIT.
IT IS LOCATED IN AN URBAN DEVELOPED AREA, UH, AND THERE ARE NO ENVIRONMENTAL OR NATURAL HAZARDS FROM FLOODING, STORM SURGE OR ANY SEA LEVEL RISE.
AND THEN IT MEETS SUITABILITY WITH THE NORTH CAROLINA 43 FOCUS AREA.
UH, FACTORS WHICH ARE THAT THERE'S AGAIN, NO ENVIRONMENTAL RESTRICTIONS IN THE AREA.
UH, WATER AND SEWER ARE READILY AVAILABLE, UH, WHICH, UH, ARE INDICATED ON THE PLANS, UH, THAT MR. THOMAS SUBMITTED.
UH, ITS CLOSE PROXIMITY TO MAJOR ROADS, UH, CLOSE PROXIMITY TO MAJOR EMPLOYERS, AND IT'S ALSO IN CLOSE PROXIMITY TO FIRE AND RESCUE.
[00:35:01]
TOGETHER A CHART, WHICH IS IN, AGAIN, IN THAT, UH, TAB SEVEN FOR YOU.UH, THAT SHOWS ALL OF THE DIFFERENT CRITERIA THAT THIS IS COMPATIBLE WITH.
UH, AGAIN, I'M NOT GONNA GO THROUGH ALL OF 'EM, UM, BUT IT, THIS TYPE OF HOUSING IS COMPATIBLE WITH THE NEIGHBORHOOD.
YOU KNOW, YOU'RE TALKING TOWN HOMES AND YOU SAW WHAT THE CONCEPT ARE FOR THOSE TOWN HOMES.
UM, THEY MAY CHANGE SOME, UH, IN THE PLANNING PHASES AND THE PRELIMINARY PLANNING PHASES, BUT, UH, BUT THAT'S THE, THE CONCEPT THAT THAT IS, UM, BEING PROPOSED FOR THE AREA.
THE SITE IS SUITABLE FOR PROPOSED DEVELOPMENT, WHICH IS, UM, LAND USE DEVELOPMENT, 1.6.
IT HAS SUITABLE SOILS AND INFRASTRUCTURE.
UM, IT IS, IT, IT WOULD PROVIDE GROWTH TO THE NORTH CAROLINA 43 FOCUS AREA.
UH, THERE'S CONNECTIVITY FOR TRAFFIC FLOW, UH, AND STORM WATER.
AND OF COURSE WE'VE HAD THE TIA DONE, UM, AND IT'S STILL IN THE REVIEW PROCESS, BUT, BUT WE'RE WORKING ON THAT.
UM, AND THOSE WILL BE COORDINATED THROUGH, UH, N-C-D-O-T.
THE SITE WILL HAVE WALKING PATHS AND TRAILS AS BEEN NOTED ON THOSE, UH, RENDERINGS OF THE PLANS.
UH, CONTINUING ON, UH, THE INFRASTRUCTURE WOULD BE INSTALLED DURING THE DEVELOPMENT AND, AND THE SITE WILL HAVE ADEQUATE OFF STREET PARKING AS IS NOTED BY THE FACT THAT THERE ARE GARAGES.
AND THEN THERE WILL BE SHORT DRIVEWAYS, UH, FOR THE PEOPLE TO USE.
UM, THE DEVELOPER'S GONNA, YOU KNOW, HAVE TO GO THROUGH PLANNING PROCESS TO SUBMIT ALL PLANS AND GET APPROVALS OF THOSE PLANS.
AND THAT'S WHERE, YOU KNOW, THE SPECIFIC DESIGN CRITERIA WILL BE APPROVED.
BUT, UM, BASICALLY THE SITE IS IN A UTILITY SERVED AREA.
UH, IT INCLUDES OPEN SPACE AND WALKING TRAILS.
UH, IT HAS ENVIRONMENTALLY FRIENDLY LANDSCAPE DESIGN, INCLUDING PRESERVED VEGETATED BUFFERS.
UH, WE WANTED THERE TO BE SOME BUFFER BETWEEN THE LAKE TYLER COMMUNITY FOLKS BECAUSE THEY, YOU KNOW, THEY WERE CONCERNED ABOUT IT.
UH, SO WE LEFT THOSE VEGETATIVE BUFFERS AROUND THE, AROUND THE PROPERTY.
UM, THERE'S NO, AS I SAID, NO ENVIRONMENTAL FLOODING OR STORM HAZARD, UH, STORM SURGE HAZARD AREAS.
UH, THE PROJECT TARGETS SUITABLE DEVELOPMENT AND IT'S ALSO IN ALIGNMENT WITH THE EXISTING PLANS THAT THE CITY HAS.
SO THERE IS, BOTTOM LINE IS BASICALLY WITH THE NORTH CAROLINA FOCUS AREA 43 FOCUS AREA, THERE IS GROWTH THAT IS AVAILABLE TO BE HAD IN THIS AREA AND THIS WOULD BE WELL SUITED TO, TO HELP GROWING THAT AREA AT THIS TIME.
THAT CONCLUDES OUR, OUR PRESENTATION.
WE WOULD LIKE TO RESERVE THE RIGHT, AS YOU MENTIONED, UH, CHAIRMAN TO, UH, SPEAK IN REBUTTAL.
IF, UH, THERE ARE COMMENTS FROM THE, UM, YOU KNOW, PUBLIC THAT ARE MADE WELL.
OH, IS THAT YOU? SORRY, I THOUGHT I WAS DOING THAT.
UM, AND, AND SO IF WE, IF WE COULD HAVE THAT TIME TO, UH, COME UP AGAIN, UH, WE WOULD APPRECIATE THAT.
AND OF COURSE WE'RE WILLING TO ANSWER ANY KIND OF QUESTIONS THAT YOU ALL HAVE ABOUT THE PROJECT.
YES, SAY MOST DEFINITELY TO THE VI WOULD'VE COME UP AND FOR THE REBUTTAL.
AND DOES THE BOARD MEMBER HAVE ANY ADDITIONAL QUESTIONS BEFORE WE OPEN FOR PUBLIC COMMENT? NOT AT THIS TIME.
AND MR. CHAIR, JUST FOR THE RECORD, IF YOU COULD NOTE THAT, UM, YOU ARE RECEIVING THE BINDER TENDERED BY MR. REMINGTON INTO THE RECORD.
UM, WE DO, WE ALL HAVE THE BINDER AND WE WOULD LIKE TO YES.
PUT THAT ON THE RECORD THAT WE DID RECEIVE IT AS A TESTIMONY.
SO WE'RE GONNA GO THROUGH THE PUBLIC COMMENT SECTION AND OPEN IT HERE IN A SECOND, BUT I'D LIKE TO JUST AHEAD OF TIME SAY THAT WE'RE GONNA ASK IN DIFFERENT LEVELS, I GUESS YOU'D SAY.
SO FIRST WE'RE GONNA ASK FOR FOLKS THAT SIGNED IN THAT DID RECEIVE A LETTER AND I DO HAVE THE SIGN, CURRENT SIGN IN SHEET.
UM, AND I'LL GO THROUGH THE NAMES THAT ARE ON IT.
UM, THEN WE'LL ASK FOR FOLKS THAT DID NOT SIGN IN BUT DID RECEIVE A LETTER.
UH, THIRDLY, WE'LL ASK FOR FOLKS THAT, YOU KNOW, CAN JUSTIFY THAT THERE IS STANDING AND THEN MOVE ON FROM THERE.
SO WE'D LIKE TO OPEN THE PUBLIC COMMENT.
AND THERE'S ONE PERSON, UM, THAT IS LISTED ON THE, UH, SIGN IN SHEET THAT DID SAY THAT THEY RECEIVED THE LETTER.
UM, AND THAT'S A MS. SHARON DESO, IS THAT CORRECT? DEMBOSKI.
UM, AND FOR THE RECORD, COULD YOU ALSO STATE YOUR NAME AND ADDRESS, UM, SINCE I MESSED IT UP A LITTLE BIT THERE AND, AND THEN WE'LL GO FROM THERE.
HI, MY NAME IS SHARON DEBOSKY.
I AM A RESIDENT OF TYLER LAKE.
[00:40:01]
STREET, WHICH IS DIRECTLY ADJACENT TO THIS PROPOSED DEVELOPMENT.WE JUST MOVED IN IN SEPTEMBER, SO WE WERE UNAWARE THAT THIS WAS POTENTIALLY GOING TO BE DEVELOPED.
AND ONE OF THE REASONS WE MOVED THERE, UH, AND PICKED THAT HOUSE WAS BECAUSE OF THE WOODED AREA BEHIND.
SO IF YOU LOOKED AT THAT MAP, WE'RE NUMBER SIX ON THAT LOT MAP.
UM, AND SO THEY PROPOSE, YOU PROPOSE TO LEAVE THE TREES, I'M ASSUMING, BEHIND US FOR SO MANY FEET, WHICH I, WHICH I GUESS IS GOOD.
I'M NOT SURE HOW MUCH OF THAT IS GOING TO BE A BUFFER, BUT, UM, MY CONCERN FROM HEARING WHAT I HEARD TONIGHT IS THEY'RE GONNA PUT WALKING PADS IN THERE.
SO I HAVE CONCERNS ABOUT HAVING PEOPLE WALKING BEHIND MY PROPERTY.
UM, IS THERE GONNA BE SOME KIND OF FENCING UP, SOME KIND OF BUFFER? UM, I WASN'T AWARE THAT THAT WAS GONNA HAPPEN.
ALSO, UM, IT WAS SAID THAT THERE WAS GONNA BE ACCESS FOR THE CURRENT RESIDENCE OF TYLER LAKE.
HOW ARE THEY GONNA ACCESS THAT WALKING TRAIL? 'CAUSE I DEFINITELY DON'T WANT PEOPLE WALKING THROUGH MY PROPERTY TO GET THERE, EVEN THOUGH I HAVE A, WE HAVE A FENCE IN THE BACK.
BUT, YOU KNOW, WHAT IS THE PROPOSAL FOR PEOPLE TO ACCESS, UM, FROM, YOU KNOW, FROM I I'LL SAY GABRIEL STREET, UM, YOU TALKED ABOUT TRAFFIC, UM, PER TRAFFIC ON 43 FRIDA STREET.
FRIDA STREET LOOKS LIKE IT'S GONNA BE NOW A THROUGH STREET.
FRIDA STREET IS KIND OF AT THE END OF GABRIEL AND IT LOOKS LIKE IT'S GONNA BE OPEN TO THE DEVELOPMENT.
IS THAT TRUE? I DON'T KNOW IF THAT'S TRUE OR NOT.
SO PEOPLE COMING OUT OF THE NEW PROPOSED AREA, IF THEY COME OUT ON FRIDA, THEY COULD POTENTIALLY GO THROUGH THE WHOLE TYLER LAKE DEVELOPMENT OR TURN ON GABRIELLE, WHICH IS MY STREET OUT ONTO GRACIE FARMS. SO I DON'T KNOW IF THAT WAS A CONSIDERATION.
I DON'T KNOW IF THEY, THEY DISCUSSED THAT IMPACT.
THERE IS AN, UH, AN OUTLET ON GRACIE FARMS AS YOU CAN SEE, BUT WHAT IMPACT IS THAT GONNA HAVE ON PEOPLE COMING OUT ON GABRIELLE TO GET ONTO GRACIE FARMS? SO I, I WOULD LIKE THAT ADDRESSED.
UM, A LOT OF MY QUESTIONS WERE ANSWERED.
I WASN'T SURE WHAT KIND OF STRUCTURES THESE WERE GONNA BE.
SO SUPPOSEDLY THEY'RE GONNA BE TWO STORY.
THEY'RE GONNA BE FOR SALE, WHICH IS BETTER THAN FOR RENT, I GUESS.
UM, AND, UH, I, I WASN'T SURE WHAT THE OTHER RESIDENTS AND TYLER LAKE TALKED ABOUT AS FAR AS THE USE OF LIKE, YOU KNOW, THE POOL THAT'S THERE, THE MAILBOXES, THAT KIND OF THING.
SINCE THIS IS PART OF TYLER LAKE DEVELOPMENT, WHAT, WHAT KIND OF IMPACT IS THAT GONNA BE TO HAVE 200 MORE PEOPLE, YOU KNOW, ACCESSING THIS, YOU KNOW, OUR, OUR, THE AMENITIES THERE.
UM, AND I THINK LASTLY FOR ME IT'S UM, I LOST MY TRAIN OF THOUGHT.
UM, I REALLY LOST MY TRAIN OF THOUGHT.
UM, I WOULD LIKE TO KNOW, YOU KNOW, WHEN OR WHEN OR IF THIS GETS APPROVED, HOW LONG WILL THIS CONSTRUCTION BE WHERE WE WOULD BE IN PHASE THREE, I GUESS, BUT HOW LONG WOULD THE, WOULD THE TIMELINE BE WHERE WE WOULD BE UNDER CONSTRUCTION? SO, OKAY.
DOES, DOES THE BOARD HAVE ANY QUESTIONS? YEAH, I SURE.
MR. CHAIRMAN, QUESTION BEFORE YOU LEAVE, UM, YOU SAID, UH, THE BACK YOU, THE BACK OF YOUR PROPERTY IS FENCED OR IS THE ENTIRE PROPERTY FENCED? THIS, THE BACK OF MY PROPERTY IS FENCED.
ARE MOST OF YOUR NEIGHBORS FENCED? NO.
THE TI THE, THE PROPERTIES ON EITHER SIDE OF MINE ARE NOT FENCED.
SO PEOPLE COULD POTENTIALLY CUT THROUGH THOSE PROPERTIES AND WALK ONTO THIS, YOU KNOW, TRAIL SYSTEM, WHATEVER THE HECK YOU'RE PUTTING THE, THE PROPOSING TO PUT IN.
AND YOU CURRENTLY SAY YOU CAN EXIT GABRIELA STREET ONTO GRACIE YES.
AND MAKE A LEFT TURN IF YOU WANTED TO GO TO 43.
ANY OTHER QUESTIONS? THANK YOU.
SO IS THERE ANYBODY ELSE HERE THAT DID NOT SIGN UP THAT RECEIVED THE LETTER OF NOTICE? OKAY, I HAVE STANDING BUT I DIDN'T RECEIVE THE LETTER AND I HAVE, WELL, HANG, HANG ON ONE SECOND.
JUST LET'S MAKE SURE THAT WE DIDN'T MISS ANYBODY THAT DID RECEIVE A LETTER.
SHE DID OR DID NOT? SIR DID NOT, DID NOT, DID RECEIVE, DID RECEIVE A LETTER.
SO WE'RE, THAT'S THE NEXT STEP.
WE'RE GONNA GO THROUGH THE ONES THAT SIGNED UP FIRST AND THEN WE WILL ASK THE ONES THAT HAVE STANDING THAT DID NOT SIGN UP.
SO THAT'LL BE PLEASE BE PATIENT.
WE'LL TRY TO KEEP EVERYTHING IN ORDER.
[00:45:01]
OKAY.SO I'M JUST GONNA START AT THE, THE TOP OF THE LIST, UM, FOR FOLKS THAT DID SIGN UP.
UM, AND ERIC, I CAN'T READ YOUR LAST NAME.
SO IS IT, IS IT MISS CISCO? YES.
SORRY, I COULDN'T RE THAT'S QUITE ALL RIGHT.
COULD UH, STATE YOUR NAME AND ADDRESS? SCOTT CISCO.
AND THAT IS IN NEW BERN, CORRECT? IT'S IN THE LAKE TYLER COMMUNITY.
UM, I, I HAD A QUICK QUESTION.
I HAD PREPARED COMMENTS HERE, BUT LIKE, IF I HAD THESE TWO QUESTIONS ANSWERED, THEY WOULD KIND OF HELP WITH, UM, THE RELEVANCY OF, OF IT.
UM, I, I'D BE HAPPY TO YIELD IF, IF OR IF THE CHAIRMAN OR THE BOARD MEMBER WOULD LIKE TO ASK.
UM, THE, THE LIGHT ON THEIR PRESENTATION, IT SAID IT WAS ON, IT SAID THEY HAD OLIVIA FARMS ROAD, WHICH IS IN COMBINING THE TWO, IT'S EITHER OLIVIA ROAD OR GRACIE FARMS. WHERE IS THAT LIGHT PROJECTED TO BE? WE'LL, WE'LL HAVE TO ASK.
LOOK THROUGH THE TRAFFIC STUDY.
ALL ALS ALSO IN THE, IT WAS JUST BROUGHT UP PRIOR TO FRIDA ROAD.
I CAN'T TELL IF THAT INTER IF THAT'S ACTUALLY GONNA BE A THOROUGHFARE OR, OR, OR IF IT'S CONNECTED TO OUR COMMUNITY.
'CAUSE THAT WOULD'VE QUITE A BIT OF DIFFERENCE AS FAR AS TRAFFIC.
UM, I I, IF THAT'S THE CASE, IF THAT IS CONNECTED TO THE COMMUNITY, I, I WOULD SAY THAT I'M AGAINST THOSE PLANS AS THEY'RE PROPOSED.
UM, BECAUSE I BELIEVE THAT THEY'RE NOT IN HARMONY WITH THE CHARACTER OF THE NEIGHBORHOOD, UM, AS REQUIRED FOR THE SPECIAL USE PERMIT.
AND IF IT, IF IT IS LIKE THAT CASE, I THINK IT WOULD'VE A DETRIMENTAL IMPACT ON MY STREET.
UH, I'M NOT AGAINST THE MELVIN OF THE PROPERTY.
I THINK IT'S, UM, IT'S REASONABLE THAT THE DEVELOPMENT SHOULD MATCH THE SURROUNDING AREA.
UM, FROM THE BEGINNING WHEN THE ZONING CHANGE WAS REQUESTED AND DENIED ON AN FOR AN APARTMENT COMPLEX, UM, TO THE CURRENT PROPOSAL, THE PLAN SEEMS TO BE BUILDS AS MANY HOUSING UNITS AS POSSIBLE REALLY WITHOUT CONSIDERATION FOR THE CURRENT RESIDENTS.
UM, WE LIVE IN A SINGLE FAMILY NEIGHBORHOOD AND I DON'T SEE HOW DENSE MULTI-FAMILY HOUSING, WHICH THESE TOWN HOUSES ARE, IS IN KEEPING WITH THE HARMONY OF THE AREA AND OUR NEIGHBORHOOD, WHICH WE LIVE.
UM, I I HAVE NO OBJECTION IF THE, IF THE COMMUNITY WAS CONTINUED INTO MORE SINGLE, UH, FAMILY HOMES, THE ENTIRE AREA WHICH INCLUDES ROUTE 43 IS ALREADY QUITE BUSY WITH TRAFFIC, YOU KNOW, DURING COMMUTING HOURS.
AND SIMPLE MATH WOULD TELL YOU THAT ADDING 145 TOWN HOMES WITH EACH HAVING APPROXIMATELY TWO VEHICLES ADDS ALMOST 300 MORE VEHICLES TO THE AREA WHERE WE ALREADY HAVE HEAVY TRAFFIC CONGESTION.
UM, AND THE PLANS AS THEY ARE NOW, IF THEY'RE CONNECTED TO FRIDA ROAD WHERE I LIVE, UM, THEY WOULD, UH, A LOT OF THAT TRAFFIC THERE WOULD LIKELY BE EXITING THROUGH THE, UM, THE NEW COMMUNITY INTO, UH, TO MY STREET AND INTO, INTO MY PART OF THE OLD, THE EXISTING LAKE TYLER.
UM, I MEAN, AT THE MINIMUM, IF THIS WAS APPROVED, THERE SHOULD BE, UM, IT SHOULD NOT BE CONNECTED TO OUR COMMUNITY.
THIS SHOULD BE TREATED AS A SEPARATE COMMUNITY.
'CAUSE ALL THOSE TOWN HOMES NOT IN CHARACTER WITH A SINGLE FAMILY NEIGHBORHOOD, UM, IF THEY NEED AN ADDITIONAL ENTRANCE, I'M SURE THERE'S OTHER AREAS WHERE THEY CAN MAKE AN ADDITIONAL ENTRANCE AND NOT BE CONNECTED TO OUR COMMUNITY.
UM, YOU KNOW, I I WOULD LIKE TO SEE THE NATURAL BARRIER, YOU KNOW, KEPT INTACT AND US BEING SEPARATED FROM ALL OF THESE UNITS.
UM, I UNDERSTAND THERE'S A NEED FOR MULTIFAMILY HOUSING, BUT I MEAN, EVEN THE APPLICANTS ACKNOWLEDGE THAT THIS IS A LARGELY SINGLE FAMILY, UH, HOME AREA.
SO, UM, WHICH IS LIKELY WHY MANY LIVE HERE.
I MEAN THERE'S LARGE AREAS OF OF AROUND HERE THAT COULD BE DEVELOPED IN FOR, UM, HIGH DENSITY HOUSING.
AND I, I JUST DON'T SEE THAT HOW IT FITS IN WITH OUR COMMUNITY.
PRETTY MUCH THE REASON WHY A LOT OF US LIVE THERE.
UM, I GUESS CURRENTLY THERE ARE NO TRAFFIC LIGHTS FOR ACCESS OUT.
SO THAT'S, THAT WAS MY CONCERN.
LIKE IF, IF THE NEW COMMUNITY IS CONNECTED TO THE CURRENT COMMUNITY, ESPECIALLY ON MY ROAD, WHICH IS FARDA, A LOT OF THOSE VEHICLES, I WOULD EVEN ASSUME, I WOULD ASSUME FOR MAYBE THE, UM, I MEAN BASED ON THAT MAP IT WOULD BE, OH, UH, DIRECTION WISE IT'D BE THE SOUTHERN PART OF THE NEW DEVELOPMENT WOULD PROBABLY COME UP FRIDA AND THEN GO THROUGH THE COMMUNITY AND EXIT OUT OLIVIA, WHICH ALREADY IS BACKED UP IN THE MORNING.
AND SO NOW ALL THAT TRAFFIC WOULD BE ENTERING OUR COMMUNITY AND DISPERSING THROUGH THE STREETS OF OUR COMMUNITY.
AND I THINK THERE WAS SOME DISCUSSION ABOUT POTENTIAL HAVING A TRAFFIC SIGNAL AT ONE OF THE INGRESS OR EGRESS POINTS.
AND I THINK WOULD THAT HELP YOU ALL AS FAR AS SOLVING SOME OF YOUR CHALLENGES, MAYBE OR NOT? IT DEPENDS ON WHERE IT IS.
LIKE I SAID IN THEIR PRESENTATION, THEY, THEY, THEY HAD IT AS OLIVIA FARMS ROAD, WHICH IS NOT, IT'S OLIVIA OR GRACIE FARMS. SO I DON'T UNDERSTAND WHERE THEY ACTUALLY MEAN IT'S GONNA BE, IF IT'S GONNA BE GRACIE FARMS ROAD, THAT WOULD HELP OVER THERE.
[00:50:01]
IT'S, IF IT'S HERE, IF IT'S AT OLIVIA ROAD, THAT MEANS THAT THE TRAFFIC FROM THAT COMMUNITY WOULD BE COMING THROUGH OUR COMMUNITY.IT ALREADY BACKS UP PAST THE POOL SOMETIMES IN THE MORE NEAR COMMUTING HOURS.
NOW IF YOU HAD POTENTIALLY A COUPLE HUNDRED MORE VEHICLES COMING OUT OF THAT COMMUNITY THROUGH ERRORS TO OLIVIA, IT WOULD GREATLY EXTEND THE, THE DELAY, ESPECIALLY IF THERE'S GONNA BE A TRAFFIC LIGHT THERE, THERE WOULD BE A NEED OF TRAFFIC LIGHT JUST FOR THE INCREASE IN VOLUME OF TRAFFIC FAIR.
UM, BUT IF THERE, IF IT WAS AT GRACIE FARMS, WHAT THAT WOULD DO BASICALLY WOULD STOP ALL TRAFFIC ON 43 AND POTENTIALLY BACK IT UP.
SO WHERE IF THERE WAS NOT A TRAFFIC LIGHT AT OLIVIA ROAD, THE TRAFFIC WOULD BE HEADING NORTH.
WE'D BE BACKED UP WHERE YOU WOULDN'T EVEN BE ABLE TO EXIT THE CURRENT COMMUNITY ANYWAY BECAUSE THE TRAFFIC AT 43 WE'D BACKED UP TO THE A STANDSTILL.
WE'LL WE WILL TALK WITH THE LITTLE BIT MORE AND THAT'S WHY I JUST NEED CLARIFICATION BECAUSE IT, THAT PRESENTATION DIDN'T, YOU KNOW, WASN'T CLEAR.
SECOND, AN OBJECTION CHAIRMAN TAYLOR, BECAUSE WE GOT A LITTLE BIT TOO MUCH INTO TRAFFIC ANALYSIS AND THIS GENTLEMAN HAS NOT ALLOWED, ALLOWED ANY EMAIL MADE FOUNDATION OR ANYTHING AND TRAFFIC HAS TO BE ADDRESSED.
UM, I WOULD SAY MY, MY TRAFFIC IS FROM MY VISUAL OBSERVATIONS IN THE MORNING OF BEING A RESIDENT THERE.
HE, HE HAS, HE HAS A VALID POINT THERE.
SO I WILL TAKE A SECOND AND WILL ADD THAT IN.
UM, THE OBJECTION WAS DUE TO EXPERT TESTIMONY AND SOMETIMES WHEN WE, WE DON'T HAVE THINGS THAT ARE DONE BY AN EXPERT WITNESS, WE DO HAVE AS BOARD MEMBERS A CHALLENGE NOT BEING ABLE TO, I GUESS PUT AS MUCH STANDING, UM, WITH THAT UH, INFORMATION.
SO PLEASE BE CONCERNED A LITTLE BIT HOW THAT COMES UP AND HELP US TO WHERE WE DON'T HAVE TO, UM, ASK A PERSON, UM, TO STOP SPEAKING BECAUSE OF THE, THE, UM, INFORMATION THAT'S BEING PRESENTED AND AND LACK OF, UM, EXPERT TESTIMONY IS, WAS BROUGHT UP.
'CAUSE AGAIN, THIS IS A, A PUBLIC HEARING.
AND SO AS JUDGES WE DO HAVE TO KIND OF MAKE THAT INFORMATION AND DISTINGUISH EXPERT VERSUS NON.
SO THE NEXT ONE ON THE LIST, CONNIE, I THINK ALL THOSE HERE.
SO COULD YOU, UM, NAME AN ADDRESS? CONNIE MCFADDEN SEVEN 12 LAKE TYLER DRIVE, NEWBURN, NORTH CAROLINA.
AND YOU DO LIVE IN THE CITY? UM, YES.
YOU DID NOT RECEIVE A LETTER SO YOU COMMUNITY DID.
AND I DID NOT PLAN ON SPEAKING, BUT OUR SPEAKER DID NOT SHOW UP.
SO I HAVE A LIST OF CONCERNS FROM LOTS OF NEIGHBORS, NOT JUST ME PERSONALLY.
AND A LOT OF IT HAS BEEN ADDRESSED.
THE MAJOR THINGS THAT THEY'RE ASKING.
AND MOST OF THESE PEOPLE HAVE CHILDREN.
I DO NOT HAVE LITTLE CHILDREN.
UM, THEY'RE WORRIED ABOUT THE SAFETY OF THE KIDS AND ALL THESE CARS GOING DOWN THE ROAD AND THE TRAFFIC.
AND OF COURSE OUR DOGS WHEN PE PEOPLE WALK THEIR DOGS A LOT IN THE NEIGHBORHOOD.
UM, AND THEY'RE CONCERNED ABOUT OVERFLOW PARKING AT THE NEW TOWNHOUSES.
I BELIEVE THEY SAID PEOPLE ARE EXPECTED TO PARK IN THEIR GARAGE AND IN THEIR DRIVEWAY.
WELL IF THEY HAVE VISITORS, WHERE ARE THEIR VISITORS GONNA PARK? 'CAUSE WE HAVE NO OVERFLOW PARKING IN OUR NE IN THE EXISTING NEIGHBORHOOD EXCEPT MAYBE AT THE MAILBOXES, WHICH IS WHERE OUR POOL IS.
AND OUR LITTLE POOL THAT WE CURRENTLY HAVE IS A HUGE CONCERN.
'CAUSE WE REALLY DON'T WANT TO SHARE IF WE DON'T HAVE TO.
'CAUSE IT'S NOT BIG ENOUGH FOR THE DEVELOPMENT THAT WE HAVE AND OUR DEVELOPMENT IS NOT COMPLETED.
SO THEY WANNA START OR THEY'RE MENTIONING MOVING ON TO ANOTHER DIRECTION WHEN THEY HAVEN'T FINISHED INSIDE WHERE WE ARE.
AND I BELIEVE THAT'S ABOUT ALL I HAVE.
DOES THE BOARD HAVE ANY QUESTIONS? OKAY.
SO IF I'VE GONE THROUGH THE LIST PROPERLY, UM, I I THINK WE'VE FINISHED EVERYBODY THAT DID SIGN UP.
DID I MISS ANYBODY THAT DID THAT DID SIGN UP.
SO NEXT WE'RE GONNA GO THROUGH FOLKS, UM, THAT DID NOT SIGN UP AND TRY TO DO THIS ORDERLY.
SO MAYBE WE CAN START IN THE FRONT ROW.
UM, IF THERE'S SOMEBODY IN THE FRONT ROW THAT DOES HAVE STANDING THAT DID NOT SIGN UP THAT WOULD LIKE TO, UM, COME FORWARD AND SPEAK.
AND JUST COME FORWARD AND UM, NAME AND ADDRESS AND GOOD EVENING.
[00:55:01]
ABOUT STANDING I I LIVE ON GRACIE FARMS ROAD IN LAKE TYLER, SIR, IS THAT YES SIR.UM, I'M AT, UH, TWO 10 GRACIE FARMS ROAD, WHICH IS JUST FROM THE MAP ON GRACIE FARMS ROAD, WHICH IS THE LEFT AREA OF THE GREEN AND JUST GO UP A FEW HOUSES.
IT'S, UH, CALLED GRACIE FARMS ROAD, BUT WE CALL IT THE GRACIE FARMS SPEEDWAY.
UM, WE ARE LITERALLY AT THE EDGE OF DE BURN.
SO THE GRACIE FARMS ROAD IS IN THE COUNTY.
SO WE HAVE NO POLICE SURVEILLANCE OR ANYTHING THERE.
IT'S THE COUNTY SHERIFF AND UH, THEY DON'T REALLY GIVE A CRAP.
SO OUR PROBLEM THAT WE SEE, UM, THE QUESTIONS WE HAVE THE GREEN AREA WITH THE NICE TRAILS.
I WOULD ASK HOW MANY FEET BETWEEN THE CORNER OF THE HOUSE TO THE CORNER OF THE PROPOSED UNITS.
UM, I CAN SEE IT HERE, BUT I DON'T KNOW IF YOU CAN SEE WHAT I'M TALKING ABOUT.
IF YOU FOLLOW THE UPPER RIGHT HAND GREEN KIND OF A SWIRL DOWN TO THE CORNER WHERE IT DROPS STRAIGHT DOWN FROM THAT CORNER TO THAT HOUSE, UM, YOU KNOW, HOW MANY FEET IS THERE? YOU KNOW, IT LOOKS LIKE THERE'S ABOUT 20 OR LESS.
UM, SO I, I THINK THESE TRAILS ARE GONNA BE RIGHT ON TOP OF ALL THESE FOLKS BACK IN THERE.
UH, IF YOU GO BACK IN THERE AND LOOK, YOU SEE THE REFLECTIONS OFF OF ALL THE WATER.
UM, AND THEY BUILD IN A SWAMP.
WE'VE HAD TREMENDOUS DRAINAGE ISSUES RIGHT FROM THE DAY ONE WHEN THEY BUILT LAKE TYLER HOMES AND ALL THE WATER HAD TO BE GRADED AND DIVERTED ELSEWHERE AND IT ALLEGEDLY WENT DOWN THAT AWAY.
AND I FIGURED THAT'S WHERE THE WATER CAME FROM IN THAT SWAMP WAS FROM OUR DEVELOPMENT.
UM, SO I'M NOT SURE HOW THEY'RE GONNA ADDRESS THAT.
UM, THE PROPERTIES ARE SUPPOSED TO BE FOR SALES, NOT, NOT RENTALS.
UM, DOES THERE ANY RESTRICTIONS FOR LANDLORDS BUYING A BUNCH OF THEM AND THEN RENTING THEM OUT IN EDISON? UH, NO COVENANTS.
UM, AND WHY NOT HAVE A ROAD ACCESS ON THE 43 OF THEIR OWN? YOU'LL LET THEM SHARE THE MISERY THAT WE HAVE.
WE HAVE, UH, GRACIE FARMS ROAD, WE HAVE OLIVIA, AND IT'S A MESS.
AND IF THESE GUYS GET IT FIGURED OUT, ONE, IF ONE OF 'EM GETS A LIGHT, THEN THE OTHER GUYS ARE GONNA GO UP FRIDA AND GO WHICHEVER WAY AND JUST ADD 300 CARS TO GET TO THAT LIGHT.
UM, WE, WE COULD USE A COUPLE LIGHTS THERE, QUITE FRANKLY.
UH, BUT, UH, PROBABLY NOT GONNA HAPPEN.
THE MAIN THING IS, UH, AND WE DON'T KNOW FROM THE DEVELOPER IN LIGHT TO BEFORE, BUT WELL, WE GOT, WE GOT THREE MINUTES, SO, UM, APPRECIATE IT.
SO I THINK ERIC WAS PROBABLY PRETTY CLOSE TO ASKING ABOUT EXPERT TESTIMONY.
SO PLEASE THE TRAFFIC PART OF THINGS, LET'S BE CAREFUL HOW FAR WE GO.
UM, I THINK I'VE GOT A LIST OF QUESTIONS THAT WE WILL EVENTUALLY ASK ON THE TRAFFIC STUDY AND WE'LL, WE'LL HOPEFULLY GET SOME OF THAT ADDRESSED, UM, DURING EITHER THE REBUTTAL PROCESS OR BY BOARD MEMBERS.
SO WE'RE IN THE FRONT ROW, UM, WE STARTED THERE ON THE RIGHT.
DO WE HAVE ANOTHER? SO WE'RE DONE WITH THE FRONT ROW BACK, SECOND ROW BACK, UM, BEHIND.
WE HAD, YOU ALREADY SPOKE I GUESS FIRST OVER ON THE RIGHT HAND SIDE.
UM, YOU'RE WITH THE CITY I THINK, IS THAT RIGHT? WITH THE GLASSES UP? YOU'RE GOOD? OKAY.
UM, BLUE SHIRT, UM, ARE DO YOU PLAN TO SPEAK? UH, YES SIR.
COULD YOU COME FORWARD, UM, NAME AND ADDRESS AND, UM, WHERE YOU ARE, TRY TO HELP US OUT A LITTLE BIT IN STAND WITH THE, WITH THE MAP, UM, HOW YOU FIT INTO THE PROCESS.
I'VE LIVED IN, UH, DR. HORTON SINCE, UH, 2017, IF I'M NOT WRONG, ACTUALLY, WE'RE PROBABLY THE FIRST HOUSE THAT DR. HORTON BUILT AND SOLD.
UH, SORRY I DON'T HAVE MY GLASSES ON AT THE MOMENT, BUT DEAD CENTER UP IS THE CUL-DE-SAC, WHICH IS LOUISIANA MAY.
AND OUR PLAT IS THE ONE AT THE DEAD, RIGHT BOTTOM ORDERED BY THE HEAVY BLACK LINE.
AND SHAME ON ME FOR NOT DOUBLE CHECKING THE CONTRACT AFTER
[01:00:01]
UH, WE WERE TOLD BECAUSE IT'S A WETLANDS, NOTHING WOULD BE BUILT, NOTHING COULD BE DONE ABOUT THAT.UH, BUT IMAGINE YOU MOVING INTO THAT PLACE.
EVERYTHING'S FLAT, DOPE, NOTHING BUILT, AND YOU PAID A QUARTER MILLION DOLLARS FOR THAT HOUSE AND TOLD NOTHING WOULD BE BUILT TO THE SIDE.
IT WOULD BE ONE AMENITY, A UH, AN AMENITY HOUSE AND THEN A POOL FURTHER.
BUT BECAUSE IT'S A WETLANDS, NOTHING CAN BE BUILT BEHIND.
SO I'M A LITTLE CONCERNED ABOUT THAT AS WELL AS BUT APPEARS TO BE A POND THERE, WHICH IS A GREAT PLACE TO BREED MOSQUITOES.
SO I'M KIND OF CURIOUS WHAT THE POND IS FOR AND HOW THEY'RE GOING TO PROTECT THE, UH, LAND ABOVE THAT FROM MOSQUITO INFESTATION.
THAT'S PRETTY MUCH THE END OF MINE.
UM, QUESTION FOR YOU, UM, THE POND, UM, THE ONE WE'RE TALKING ABOUT, IS THE COMMON SPACE, THE ONE THAT'S KIND OF LIKE A KIDNEY BEAN OR WHATEVER THERE? I BELIEVE SO, SIR.
IT'S, UH, PRETTY MUCH JUST, UH, BELOW OUR LAND AND THE ONE NEXT, UH, TO US.
BETWEEN US AND, UH, ALL THE TOWN HOMES THEY PLAN ON BUILDING.
MR. CHAIR, CAN WE GET MR. BROWN'S ADDRESS FOR THE RECORD PLEASE? UM, I GUESS WE MISSED IT.
THE, I, I WASN'T PAYING GOOD ENOUGH ATTENTION AND ASK YOU FOR YOUR ADDRESS.
WE GOT YOUR NAME, BUT WE NEED THE ADDRESS.
UM, FELLOW WITH THE, UH, CAP ON WITH THE BLACK AND THE RED ARE, ARE YOU GONNA COME FORWARD AND SPEAK? WELL, I WON'T GET ONE QUESTION.
DO I HAVE WELL, COME ON, COME ON FORWARD THEN.
I MEAN, WE WON'T BE ABLE TO HEAR YOU AND GET THE NAME AND ADDRESS, UM, IF YOU DON'T COME FORWARD.
I STAY IN, UH, 2 0 9 FREEDOM ROAD.
I'VE BEEN OUT THERE ABOUT FOUR YEARS.
I'VE SEEN A LOT OF STUFF AND I DISAGREE WITH A LOT OF STUFF AND I, I AGREE WITH A LOT OF STUFF, BUT ON THE BEHALF NOT LOOKING AT MY, MY MYSELF, I LOOK AT OTHER PEOPLE AS WELL AROUND EASTERN NORTH CAROLINA.
ONLY THING I ASK IS GET STARTED IN THE VALLEY AS SOON AS POSSIBLE.
I SUPPORT SAM BURKE AND D EXCUSE ME, SIR.
WE CAN'T HEAR YOU CAN'T HEAR YOU.
I SEE ONLY THING I SEE DEVELOPMENT GET STARTED AS SOON AS POSSIBLE.
I SUPPORT, UH, DH HARD AND SAM BURKE.
SIR, YOU HAVE, SIR, YOU HAVE TO SPEAK INTO THE MIC.
ANYWAY, I SUPPORT SAMBURG AND DH HARDEN FOR A LONG TIME.
I, I AM, I'M THE PERSON WHO OUT THERE FOUR YEARS OF TRYING TO KEEP THE COMMUNITY CLEAN, KEEP THE PROPER VALUE UP, SO DECENT PEOPLE COME IN AND HAVE A DECENT PLACE TO LIVE, NOT ONLY LAKE TARRO, UH, COMMUNITY, BUT ALL OVER EASTERN NORTH CAROLINA.
AND MY, UH, CONCERN IS THAT WHEN THE DEVELOPMENT GETS STARTED, AND, UH, HOPEFULLY GET STARTED AS SOON AS POSSIBLE.
SO, UM, THE, THE GAL WITH THE CAP, YOU'RE GOOD.
AND PLEASE STATE YOUR NAME AND ADDRESS AND HELP US OUT A LITTLE BIT, TOO, WHERE YOU FIT IN WITH THE PUZZLE OF THE PROJECT.
I, I'M SORRY, I'M, I DON'T KNOW.
AND, AND THEN TRY TO HELP US ON THE MAP.
TELL US WHERE YOU ARE LOCATED IN REFERENCE TO THE PROJECT.
UM, I LIVE AT 4 6 2 3 RAINMAKER DRIVE.
AND, UH, THANK YOU CHAIRMAN AND THE BOARD FOR HEARING ME.
UH, I OWN NEW BERN NOW.COM, WHICH IS A LOCAL NEWS, UH, WEBSITE NEWSROOM.
I'VE BEEN DOING THIS 15 YEARS.
IN THE LAST THREE YEARS I'VE BEEN COVERING LOCAL GOVERNMENT MEETINGS, SO OTHER PEOPLE DON'T HAVE TO WATCH THEM
SO, WITH THAT SAID, I'M VERY AWARE OF LAND USE, ZONING, ALL THE DIFFERENT REGULATIONS.
AND I WOULD LIKE TO BE RECOGNIZED AS AN EXPERT BECAUSE I HAVE, I BELIEVE, UM, I HAVE COMPETENT MATERIAL AND SUBSTANTIAL EVIDENCE RELATED TO THE CASE.
AND I REQUEST TO BE RECOGNIZED AS AN EXPERT.
SO
UH, THE FIRST QUESTION, IN ORDER TO BE TENDERED AS AN EXPERT, UM, AND OFFER EXPERT OPINION, A FOUNDATION HAS TO BE LAID AS TO YOUR QUALIFICATIONS, YOUR KNOWLEDGE, TRAINING AND EXPERIENCE, SUCH THAT
[01:05:01]
YOU HAVE INFORMATION OR KNOWLEDGE THAT THE AVERAGE PERSON WOULD NOT HAVE THAT WOULD HELP THE TRI EFFECT IN MAKING A DETERMINATION.UM, I, I REPORT, I PHYSICALLY GO TO LOCATIONS.
I INSPECT THEM, I TAKE PHOTOS, AND I LIVE IN PLANTERS RIDGE COMMUNITY.
AND I ALSO, I'VE, I DON'T NORMALLY REPORT STAND HERE AND TALK ABOUT, UH, MY BUSINESS OR ANYTHING.
THIS IS ABOUT OUR COMMUNITY AND MAKING SURE THAT THAT INFORMATION IS PROVIDED.
AND I'VE BEEN DOING THIS FOR 15 YEARS, SPECIFICALLY, I'VE BEEN REPORTING ON LOCAL GOVERNMENT, LIKE PROVIDING JOURNALISM IN THE PUBLIC INTEREST.
SO I FEEL THAT I'M VERY WELL SUITED AS AN EXPERT.
I'M A RETIRED NAVY CHIEF THAT WAS AT BUREAU OF MEDICINE SURGERY.
I KNOW HOW TO READ CRAVEN, COUNTY MAPS PARCELS.
UM, I IDENTIFIED ISSUES LAST MEETING THAT WERE IN YOUR WRITTEN DECISIONS THAT THE CITY WAS NOT AWARE OF.
SO I FEEL THAT I'M AN EXPERT IN THIS FIELD, AND I WOULD LIKE TO BE RECOGNIZED.
WHEN, WHEN YOU SAY IN THIS FIELD AND WHAT PARTICULAR, I MEAN, YOU KNOW, SUBJECT MATTER, ARE YOU JUST REFERRING TO THIS, UH, LIKE THE, THIS HEARING, THIS HEARING AND THE SPECIAL USE PERMITTING PROCESS? IS THAT NO.
THINGS THAT ARE RELATED TO THIS ACTUAL DEVELOPMENT, THE SITE PLANS, LIKE I HAVE INTIMATE NOW AND NOT INTIMATE.
I HAVE KNOWLEDGE THAT WE WILL PRO PROVIDE, LIKE, SO YOU ALL CAN, I, I THINK, AND, AND I'LL DEFER, I WILL DEFER TO THE ATTORNEY ON THIS.
UH, BUT I THINK WE CAN, AS THE TRIER OF FACT HERE, AND CONSIDERING THIS, WE CAN HEAR WHAT YOU HAVE TO SAY WITHOUT ACCEPTING YOU AS EXPERT TESTIMONY.
UM, AND THEN WE WILL NOTE WHETHER OR NOT WE ACCEPT YOU AS EXPERT TESTIMONY TO CONSIDER THE EVIDENCE YOU SUBMIT IN OUR DECISION, OR WE'LL ADDRESS WHETHER OR NOT WE, YOU KNOW, ALLOW YOU AS AN EXPERT AND TAKE YOUR EVIDENCE INTO CONSIDERATION.
DOES THAT, THAT I, I'M HAPPY TO ASK, ANSWER YOUR QUESTION, BUT I SEE MR. REMITTING STANDING.
I I DON'T KNOW IF HE'S MAKING AN OBJECTION OR I, I'M, I, FOR THE RECORD, I'M GONNA OBJECT TO MS. CARR, UH, TESTIFYING AS AN EXPERT BECAUSE SHE DOES NOT HAVE ANY KIND OF QUALIFICATIONS OR FOUNDATION TO TESTIFY AS AN EXPERT.
JUST THE FACT THAT SHE'S A REPORTER DOESN'T MAKE HER HAVE ANY KIND OF SPECIAL BACKGROUND TRAINING AS AN ENGINEER, AS A, UH, APPRAISER, AS A TRAFFIC CONSULTANT, ANYTHING LIKE THAT.
SO WE WOULD OBJECT TO HER PROVIDING ANY KIND OF TESTIMONY.
ALSO, I WAS NOT CLEAR AS TO WHETHER MS. CARR LIVES IN THE AREA IN THE NEIGHBORHOOD OF LAKE TYLER.
UH, SO I DON'T THINK SHE HAS ANY STANDING AT ALL, UH, OR ANY KIND OF, ANY EVIDENCE THAT SHE WOULD PROVIDE IS NOT COMPETENT MATERIAL TO THIS AREA.
SO I THINK THE FIRST QUESTION WOULD BE, UM, FROM MY STANDPOINT IS WHERE ACTUALLY IS YOUR RESIDENCE AND LOCATION TO THIS PROJECT? I LIVE ON RAINMAKER DRIVE, WHICH IS A HUNDRED FEET, IS, THERE'S A PARCEL THAT, THAT I'M A HA MEMBER OF THE HOA AND A PARCEL HAS BEEN IDENTIFIED THAT WE OWN AS A HOA.
THERE'S 97 ME MEMBERS, AND THE PARCEL IS THE SLIVER.
IT ACTUALLY IS PARCEL ID NUMBER 2 2 2 DASH A DASH 0 0 8.
IT'S DIRECTLY ACROSS FROM THE ROAD FROM THE SUBJECT ALL.
SO THERE'S 97 PEOPLE ON MY HOA AND WE ARE NOT NOTIFIED.
I I SAW THAT OUR PARCELS ARE LISTED ON THE GENERAL PLAN.
THAT WAS, I I MISSED THE BEGINNING OF THIS MEETING.
SO THERE, THE GENERAL PLANS WERE CREATED BY MR. THOMAS.
UM, HAD THE PARCEL NUMBERS, THE ADJACENT PARCEL NUMBERS.
AND IF YOU WILL, UH, STRANDING ON, IF I'M RECOGNIZED AS AN EXPERT, UM, I'D LIKE TO ENTER THIS INTO EVIDENCE THAT THIS WAS THE PARCEL.
THIS IS A SCREENSHOT OF THE GENERAL PLAN.
WELL, MR. CHAIR, BEFORE WE GET INTO THE INTRODUCTION OF DOCUMENTARY EVIDENCE, WE, WE HAVE A THRESHOLD ISSUE ABOUT WHETHER THIS PARTICULAR WITNESS, EITHER ONE QUA HAS STANDING TO OFFER LAY WITNESS TESTIMONY OR TWO, HAS LAID A FOUNDATION SUFFICIENT TO BE QUALIFIED AS AN EXPERT IN SOMETHING THAT IS GERMANE TO THESE PROCEEDINGS.
WHAT I'M HEARING IS THAT THIS WITNESS, UM, HAS 15 YEARS OF JOURNALISTIC EXPERIENCE REPORTING ON VARIOUS LOCAL GOVERNMENT ISSUES.
[01:10:01]
UM, AN EXPERT JOURNALIST WITNESS IS HELPFUL TO YOU, THEN YOU CERTAINLY CONTEND TO HER IN THAT, THAT CAPABILITY AND SHE CAN OFFER EXPERT TESTIMONY WITHIN THAT UNIVERSE.UM, IF MS CARD IS ABLE TO DEMONSTRATE, UM, SOME EDUCATIONAL BACKGROUND ABOUT LAND USE OR PLANNING OR ENGINEERING OR SOME OTHER FACTOR THAT'S RELEVANT TO THE, THE APPLICATION TONIGHT, YOU CERTAINLY CAN ENTERTAIN THAT TESTIMONY.
IF SHE HAS, IF SHE'S A MEMBER OF A PROFESSIONAL ORGANIZATION RELATED TO THESE ISSUES, YOU CAN ENTERTAIN THAT TESTIMONY.
BUT SO FAR WE DO NOT HAVE A FOUNDATION TO SUBSTANTIATE ANY CLAIM OF A MS. CARR BEING AN EXPERT WITNESS AND SOMETHING GERMANE TO THESE PROCEEDINGS.
SO AT THIS POINT, WE EITHER NEED TO DEVELOP THE FOUNDATION FOR HER EXPERT TESTIMONY OR DETERMINE WHETHER SHE'S HAS STANDING TO PARTICIPATE AS A LABOR WITNESS.
UH, JUST TO MAKE SURE I'M UNDERSTANDING, YOU ARE PROPERTY OWNER AND YOUR PROPERTY IS ACROSS THE STREET FROM THIS PROPOSED DEVELOPMENT? I AM NOT WITHIN A HUNDRED FEET, BUT THERE'S A PARCEL AT THE HOA, BUT I'M A PROPERTY OWNER RIGHT ACROSS FROM THE, THAT BIG, UM, RECTANGLE OR THE WEIRD SHAPE IS A RETENTION POND.
AND I LIVE DIRECTLY ACROSS FROM THERE.
SO ANY KIND OF IN AND OUT, ACTUALLY, I HAVE THE TERMINOLOGY.
WELL, I I, IT REALLY, IT REALLY SOUNDS LIKE WE'RE STRETCHING WELL, YOU KNOW, INFORMATION TO, TO MAKE THE PROCESS.
SO I GUESS MY, MY FIRST GO AHEAD.
SINCE YOU YES, ACTUALLY I WOULD SUFFER SPECIFIC DAMAGES BECAUSE THE ONLY WAY IN AND OUT OF MY PROPERTY VIA, IS VIA RAINMAKER DRIVE.
IF THIS PERMIT IS APPROVED, THE HIGH DENSITY DEVELOPMENT WOULD ADD AN ESTIMATE.
THIS IS ACCORDING TO THE TIA THAT WAS UPDATED, THE TRAFFIC IMPACT ANALYSIS, IT WOULD ADD APPROXIMATELY 2,525, 2,502 VEHICLES TO THE IMMEDIATE AREA OF NORTH, UH, NC 43 WASHINGTON POST ROAD.
THIS WOULD BRING DESTRUCTIVE TRAFFIC TO THE E INGRESS AND EGRESS TO MY HOUSE.
LIKE THERE'S NO OTHER WAY IN AND OUT.
I, I, I, I WILL SAY, UH, JUST TO KIND OF MAKE, YOU KNOW, STREAMLINE THIS, I DON'T THINK THAT THAT QUALIFIES AS SPECIAL DAMAGES, I DON'T THINK, BASED ON WHAT, UH, THE, WHAT YOU'VE LAID AS FAR AS YOUR QUALIFICATIONS QUALIFIES YOU AS AN EXPERT SUCH THAT WE CAN ACCEPT YOUR TENDER OF EXPERT TESTIMONY.
HOWEVER, THE FACT THAT YOU'RE A PROPERTY OWNER ACROSS THE STREET AT, AT THIS POINT I'M LEANING TOWARDS THAT YOU WOULD HAVE STANDING TO PROVIDE THE LAY WITNESS TESTIMONY.
UH, AND SO YOU COULD PROVIDE THAT TESTIMONY, WHICH WOULD BE, THAT COULDN'T DISCUSS TRAFFIC OR THE ECONOMIC VALUES TO ABUTTING PARCELS AS THOSE ARE STATUTORILY REQUIRED TO HAVE EXPERT TESTIMONY.
THAT'S, THAT IS, I'M JUST TELLING THE BOARD THAT IS WHERE I AM LEANING.
HOWEVER, OBVIOUSLY THE CHAIR IS THE ONE WHO RULES ON THE OBJECTIONS THAT HAVE BEEN LODGED.
SO DOES ANYBODY ELSE ON THE BOARD HAVE ANY COMMENTS? IT WOULD APPEAR THAT YOUR ENTRANCE TO RAINMAKER DRIVE IS NOT OPPOSITE OLIVIA, DR.
ROAD, WHICH IS THE CURRENT ENTRANCE FOR THE TYLER DEVELOPMENT.
IS THAT CORRECT? IT IS A HUNDRED FEET FROM MORNINGSTAR OR APPROXIMATELY A HUNDRED FEET FROM RAINMAKER.
AND OLIVIA AND I HAVE AN IMAGE IF THAT WOULD HELP YOU.
UH, WE, WE CAN SEE IT ON THE MAP MAP.
WE'VE, WE'VE GOT, I JUST WANTED TO OKAY.
BUT I MEAN, IT'S NOT LIKE DOWN THE STREET.
IT IS DIRECTLY, SO IF YOU ADD A LIGHT, I MEAN, OKAY.
I DON'T KNOW HOW THE, ANYHOW, ALRIGHT, REAL QUICK, IF WE CAN HEAR THE OBJECTION.
THIS CAR IS TRYING TO GET INTO TRAFFIC ISSUES, WHICH ARE NOT, UH, PURVIEW OF LAY TESTIMONY, AND THAT'S CLEAR FROM THE STATUTES AND ALL FROM THE CASE LAW.
SO AGAIN, I, I DON'T SEE ANY RELEVANCE OR COMPETENCY TO THE TESTIMONY AT ALL.
IT, I, YOUR OBJECTION'S NOTED AND OBVIOUSLY THE CHAIR COULD RULE ON IT.
UM, IS ANY PART OF YOUR TESTIMONY NOT RELATED TO TRAFFIC OR PROPERTY VALUES? MY TESTIMONY IS RELATED TO WHAT HAS BEEN ENTERED IN THE RECORD AS FAR AS THE, UH, TIA AND I'M NOT TALKING ABOUT, OH, THIS SHOULD BE DESIGNED THIS WAY.
THE ORIGINAL TIA SAID THE SPEED LIMIT IS 45 MILES AN HOUR.
AGAIN, JUST, JUST REALLY QUICK 'CAUSE WE'RE AT THE THRESHOLD ISSUE AT THIS POINT.
WE'RE WAY PAST THE THREE MINUTES.
ALSO, I VERY EVIDENCE, AND ACTUALLY I'VE, I'VE READ THE, THE LAW AND, UM, ATTORNEY MOSLEY, YOU, I'M NOT SURE IF YOU SAID, BUT WE, ME WITH 15 YEARS JOURNALISM EXPERIENCE IS NOT QUALIFIED TO, TO PROVIDE EVIDENCE DOCUMENTING, I CONTINUE TO OBJECT.
OH, BECAUSE SHE'S, SHE'S JUST TALKING ABOUT TRAFFIC ISSUES AND THINGS LIKE THAT WITH REGARD TO WHAT SHE DOES IN HAVE FOUNDATION AN EXPERT.
[01:15:01]
SO SHE SHOULD NOT BE ALLOWED TO TESTIFY.SO GOING MR. CHAIR, YOU MAY WANT TO ELICIT A RESPONSE TO MR. FERGUSON'S QUESTION.
IF YOU ALL DECIDE THAT MS. CARD HAS STANDING OR DEMONSTRATED SPECIAL DAMAGES TO OFFER LAY PERSON TESTIMONY, DOES SHE HAVE ANYTHING TO OFFER ANY EVIDENCE TO OFFER OUTSIDE OF TRAFFIC OR ECONOMIC VALUE TYPE ISSUES? I DON'T THINK THAT QUESTION HAS BEEN ANSWERED.
YEAH, I DON'T THINK IT HAS BEEN EITHER.
SO I GUESS THAT WOULD BE THE THING.
I'LL LET TREY ASK IT AGAIN SINCE HE WAS THE ONE THAT ASKED IT ORIGINALLY.
PLEASE ANSWER THE QUESTION DIRECTLY, PLEASE NOT AVOID IT.
UH, MS. CARD, IS YOUR TESTIMONY THAT YOU WOULD LIKE TO GIVE, HAVE ANYTHING TO DO WITH TRAFFIC OR ECONOMIC IMPACT OR ECONOMIC VALUES TO ADJACENT PARCELS? NO.
UM, GIVEN THAT I DON'T THINK THAT SHE QUALIFIED.
I, I DON'T, MY PREVIOUS STATEMENT, I DON'T THINK SHE QUALIFIES AS AN EXPERT.
UM, AS FAR AS LAYPERSON TESTIMONY, THE STATUTE'S CLEAR HERE, AND AGAIN, I'LL DEFER TO THE ATTORNEY TO READ IT, THAT I DON'T THINK EXPERT, I DON'T THINK LAYPERSON TESTIMONY CAN BE GIVEN ON TRAFFIC AS WELL AS ECONOMIC VALUE OF THE ADJACENT PARCELS.
THOSE REQUIRE EXPERT TESTIMONY.
AND SINCE YOUR TESTIMONY DOESN'T HAVE ANYTHING TO DO WITH ANYTHING ELSE OUTSIDE OF THOSE TWO PIECES, I DON'T THINK, UH, YOUR TESTIMONY WOULD BE HELPFUL WITH THE PROCEEDINGS.
CAN I ASK YOU TO DEFINE TRAFFIC? WHAT IS YOUR DEFINITION OF TRAFFIC? LIKE TRAFFIC ACCIDENTS? UH, WHAT IS YOUR DEFINITION? I, I THINK TRAFFIC, THE IMPACT THE DEVELOPMENT WILL HAVE ON TRAFFIC.
UM, I DON'T HAVE THE STATUTORY LANGUAGE IN FRONT OF ME, BUT I, I, AGAIN, THAT'S THE STATUTE I, I'LL LET, I'LL DEFER AT THIS POINT TO THE CHAIR TO RULE ON WHETHER OR NOT TO ALLOW YOUR LAYPERSON TESTIMONY.
YEAH, I I DON'T THINK THERE'S ANY QUESTION THAT WE'RE, WE'RE AT AN IMPASSE, YOU KNOW, AS FAR AS TRYING TO MOVE FORWARD.
UM, AND I KNOW WE ALSO WENT PAST THE THREE MINUTES, AND I'M ASSUMING THAT BASED ON THE FACT THAT THERE'S BEEN DISCUSSION ABOUT TRAFFIC, YOUR POINT'S BEEN RELATIVELY WELL MADE THAT YOU'RE CONCERNED ABOUT 2,500 VEHICLES OF TRAFFIC THAT'S, UH, IN THE RECORD ALREADY.
UM, BUT I THINK WE NEED TO MOVE ON PAST THE THREE MINUTES.
SO I CANNOT PROVIDE LAID TESTIMONY AS THE PERSON WAS STANDING.
I MEAN, I AM A, I AM A, A PAYING BOARD OR THE MEMBER ON THE, WITH THE HOA, THERE'S 97 OF US AND WE ARE NOT EVEN NOTIFIED.
WELL, I THINK, AND, AND JAMIE OR, OR KENDRICK ONE MIGHT BE ABLE TO ANSWER THE QUESTION A LITTLE BIT BETTER IN REFERENCE TO, WE HAVE, WE HAVE A LIST OF ALL THE FOLKS THAT WERE IN THE, THE AREA AND WERE NOTIFIED.
AND MAYBE Y'ALL CAN MAYBE ANSWER A LITTLE BIT BY HOW THAT PROCESS IS PUT TOGETHER TO WHERE THERE'S A, A GOOD, UM, YES, CERTAINLY UNDERSTANDING.
THERE'S A PRESUMPTION THAT IF YOU LIVE WITHIN A HUNDRED FEET OF THE PROPOSED SITE, THERE'S A PRESUMPTION THAT YOU HAVE STANDING.
IF YOU LIVE OUTSIDE OF THAT A HUNDRED FOOT BUFFER, A WITNESS CAN OFFER TESTIMONY AS TO HOW THEY WOULD EXPERIENCE SOME SPECIAL IMPACT UNIQUE FROM OTHER PEOPLE IN THE WORLD.
SO FOR INSTANCE, IF YOU LIVE 101 FEET, YOU MAY BE ABLE TO OFFER TESTIMONY TODAY ABOUT HOW YOU'LL SPECIALLY BE IMPACTED.
AND YOU SHOULD HAVE STANDING TO COMMENT ON THE PROJECT HERE TODAY.
WE HAVE A WITNESS WHO IS ACROSS THE STREET.
UM, YOU MAY BE SATISFIED THAT SHE'S OFFERED TESTIMONY TO DEMONSTRATE TO YOU ALL THAT SHE HAS SOME TYPE OF SPECIAL DAMAGE.
IF THAT IS IN FACT THE CASE, THEN YOU CAN DETERMINE THAT SHE HAS STANDING TO OFFER LAYPERSON TESTIMONY.
I'M NOT SURE IF YOU ALL HAVE MADE A DETERMINATION ABOUT WHETHER MS CARD HAS OFFERED SUFFICIENT EVIDENCE TO DEMONSTRATE THAT SHE WOULD EXPERIENCE SPECIAL DAMAGES OR SOME SPECIAL IMPACT.
IT IS, IT JUST, AGAIN, AS FAR AS I, WHAT I'VE HEARD SO FAR IS THAT YOUR CONCERNED IS ABOUT TRAFFIC.
AND, YOU KNOW, TRAFFIC IS NOT A CONCERN OR A DAMAGE SPECIAL TO YOU.
IT WOULD BE SOMETHING THAT IS ABOUT THE COMMUNITY.
THAT'S WHAT SPECIAL DAMAGES IS.
SO THAT'S WHY I DON'T THINK YOU HAVE STANDING.
IT MIGHT MEAN MY, AGAIN, MY DETERMINATION IS I DON'T THINK YOU HAVE STANDING, UH, BASED ON THE EVIDENCE OR THE TESTIMONY YOU PROVIDED SO FAR.
SO IT SHOULD ALSO BE NOTED THAT NORTH CAROLINA GENERAL STATUTE REQUIRES ADJACENT PROPERTY OWNERS TO BE MAILED NOTICE.
UH, NOR THE CITY OF NEWBURN ACTUALLY REQUIRES ABOVE AND BEYOND THAT.
BUT, UH, THE GENERAL STATUTE FOR THAT IS ONE 60 D DASH 6 0 2, AND THAT WOULD BE NOTICE OF A HEARING.
THANKS, ROB, THERE ANY ADDITIONAL COMMENTS, QUESTIONS? WELL, UM, I JUST LIKE TO SAY, UM, DO YOU HAVE ANY NOW, UM, THING TO SAY ABOUT HOW IT'S GOING TO AFFECT YOU WITHOUT SAYING, YOU KNOW, YOU GIVING ANY PROFESSIONAL TESTIMONY? I WAS TALKING ABOUT THE TRAFFIC,
[01:20:01]
ANYTHING.DO YOU HAVE ANYTHING TO SAY ABOUT HOW IT WOULD AFFECT YOU PER SE? I ACTUALLY, YES, I, I BELIEVE I DO.
BUT SO, SO THE QUESTION COMES BACK TO WE'RE TRYING TO DETERMINE STANDING, ONE IS A PROFESSIONAL AND TWO IS A LAY PERSON.
AND I THINK THE COMMENTS HAVE ALREADY COME TO THE POINT THAT WE'VE MAKE MADE THE UNDERSTANDING THAT THERE IS NO STANDING FROM A PROFESSIONAL STANDPOINT.
SO I THINK NOW WE'RE TRYING TO MAKE THROUGH WADE, THROUGH THE PROCESS, IF THERE'S STANDING FROM A LAY PERSON STANDPOINT, AND TREY'S COMMENTS AND QUESTIONS HAVE CONTINUOUSLY BEEN AVOIDED, WE'LL SAY, IN REFERENCE TO THE, THE TRAFFIC.
UM, AND SO I'D REALLY LIKE TO SAY WE NEED TO MOVE ON.
AND SINCE WE'RE AT THE THREE MINUTES WELL ABOVE, AND I THINK SOME OF THE COMMENTS HAVE BEEN MADE, UM, AND, AND MOVE TO THE NEXT PERSON, UM, TO COME FORWARD.
CAN I JUST ASK IF RECORDS THAT ARE IN EVIDENCE, IF THEY ARE INCORRECT, THAT HAS NOTHING TO DO WITH TRAFFIC.
IT HAS TO DO WITH INCORRECT EVIDENCE.
AND I HAVE EMAILS FROM M-C-D-O-T THAT PROVE THAT INFORMATION IS INCORRECT, IS INCORRECT, OR, UH, INCON THEY'RE TWO DIFFERENT SETS OF INFORMATION.
SO YEAH, SO, SO WHERE, WHERE I'D PROBABLY NEED TO GO WITH THIS IS WE, WE'VE ALREADY HAD TESTIMONY AND WE ALREADY KNOW THAT WE COULD POTENTIALLY ADD A CONDITION TO, UM, A VOTE, WHETHER POSITIVE OR NEGATIVE ON THE SPECIAL USE PERMIT.
AND, AND THAT VOTE WOULD, UH, FOR, FOR A CONDITION WOULD INCLUDE THE DOT, THEIR VALID, UM, REPORT, WE'LL SAY, FOR LACK OF A BETTER WORD, WOULD BE INCLUDED WITH THE PROVISION THAT THIS PROCESS COULD MOVE FORWARD.
UM, WE HAVE THAT ABILITY AND WE'RE, I THINK THERE'LL BE SOME MORE QUESTIONS ASKED AS WE MOVE FORWARD WITH THE MEETING OF, UM, OUR EXPERT WITH THE TRAFFIC.
UM, I DON'T THINK WE'RE SAYING NO, THAT WE DON'T WANT TO HEAR.
I THINK THAT WE UNDERSTAND AND THE EXPERT TESTIMONY AND THE LAY TESTIMONY FROM OTHERS HERE TONIGHT HAVE ALREADY, UM, BROUGHT UP THE TRAFFIC CHALLENGE, THE DOT INFORMATION, AND WE'D LIKE TO MOVE FORWARD THERE.
UM, AND, AND THAT'S WHY WE ASKED THE STANDING QUESTION AND WHY WE ASK, UM, FOR PEOPLE TO SIGN IN WHERE THEY LIVE, UM, AND, AND, AND MOVE FROM THERE.
AND I THINK THAT'S WHY TREY ASKED THE QUESTIONS IN REFERENCE TO PROFESSIONAL EXPERIENCE WHEN IT CAME TO TRAFFIC.
SO WE'VE, WE'VE GONE THROUGH THE PROCESS.
I THINK WE ALL AS A BOARD AND HAVE DONE OUR BEST WITH STEAD TO STAFF, UH, TO MAKE A GOOD DECISION.
SO WE, WE SURE APPRECIATE THAT.
UM, SO WE WHITE SHIRT, UH, VEST, UH, NAME AND ADDRESS AND, AND PLEASE HELP US OUT WITH LOCATION.
I'M LOCATED AT 7 36 LAKE TYLER DRIVE.
OKAY, SO YOU ARE IN THE LAKE TYLER? YES.
UM, BASICALLY SPEAKING ON BEHALF OF A COMMUNITY, PEOPLE THAT HAD GOTTEN TOGETHER AND SOME OF THEIR ISSUES, THEY, SOMEONE ELSE WAS SUPPOSED TO SPEAK, COULDN'T SHOW.
SO THEY ASKED IF I WOULD SPEAK FOR THEM.
UH, SOME OF THE THINGS, WELL, FIRST OF ALL, I AM FOR THE TOWNHOUSES.
I APPRECIATE THEM GOING BACK TO THE TABLE AND PUTTING THAT TOGETHER OVER THE APARTMENTS.
BUT THERE ARE CONCERNS PEOPLE WOULD LIKE REALLY TO HAVE SEPARATE HOAS AND NOT A COMBINED.
SO THESE ARE QUESTIONS THAT I'M JUST SHOOTING OUT WITH HOPES THAT MAYBE THEY CAN GET ANSWERED WITH YES OR NO TONIGHT IF THIS IS GONNA HAPPEN.
UM, THEY'RE CONCERNED ABOUT THE SMALL SIZE OF THE POOL.
BUT I, I BELIEVE TONIGHT THAT WAS PRETTY MUCH DETERMINED THAT THERE WILL BE AMENITIES ON THE NEW TOWN HOMES, WHICH WOULD INCLUDE A POO.
UH, THEY'RE CONCERNED ABOUT THE STREETS BEING PAVED AND NAILS AND ALL THAT STUFF WHILE CONSTRUCTION IS HAPPENING ON LAKE TYLER, SINCE THAT IS KIND OF THE MAIN ENTRANCE.
UM, WILL THAT BE CLEANED UP? 'CAUSE LAST TIME I GUESS A LOT OF PEOPLE HAD NAILS IN THEIR TIRES.
FRIDA WAS A BIG CONCERN ABOUT THE, UM, ENTRANCE.
THEY, THEY, I GUESS PROPOSED THAT THE FIRE DEPARTMENT HAS TO HAVE AN EXTRA EXIT IN AND OUT OR WHATEVER ON FRIDA.
SO NOT JUST GRACIE FARMS. THERE IS ANOTHER OPENING TOWARDS FRIDA.
I HAD SUGGESTED THE COMMUNITY THAT PERHAPS A PERMANENT GATE WOULD BE PUT THERE AND ONLY OPENED AND CLOSED BY SIRENS OR HORNS THAT ARE ON EMERGENCY VEHICLES.
MY HUSBAND'S A RETIRED FIREFIGHTER, SO WHERE THE GATE WOULD STAY CLOSED.
SO PEOPLE CANNOT HAVE ACCESS TO FRIDA COMING IN AND OUT.
JUST, THEY JUST USED THEIR GRACIE FARMS IN AND OUT EXIT.
[01:25:01]
OF WOULD ALLEVIATE A LOT OF CONCERN IN THE COMMUNITY ON FRIDA IF THERE COULD BE THAT TYPE OF GATE THAT MAYBE THE FIRE DEPARTMENT WOULD HELP SUPPLY OR SOMETHING THAT WAS EVERYONE'S CONCERN.UM, THE NEXT, WE REALLY DIDN'T TOUCH MUCH ON PHASE TWO, WHICH WAS THE 99 MORE HOMES THAT WILL BE BUILT AROUND THE LAKE.
AND SO THEY'RE CONCERNED ABOUT THAT TRAFFIC ON, ON TOP OF THE NOW 1 41 UNITS BEING HAD.
WOULD A TRAFFIC LIGHT BE WHEN EVERYTHING IS COMPLETED? THAT'S WHAT EVERYONE WANTS TO KNOW.
OR IS IT GONNA BE, WHEN PHASE TWO IS COMPLETED, THERE'LL BE A TRAFFIC LIGHT.
UM, AND ALSO WILL THERE BE MORE PHASES? IS TWO AND THREE THE END OF IT BUILDING OR WILL THE THERE BE ANY MORE HOMES TO BE BUILT AFTER PHASE THREE IS DONE? SO THAT'S ALL I HAVE AND IF ANYBODY CAN ANSWER AGAIN.
ARE THERE ANY ADDITIONAL QUESTIONS BY BOARD MEMBERS? I BELIEVE THAT WAS EVERYTHING THEY WERE CONCERNED WITH.
UM, FELLOW WITH THE ORANGE HAT
ONE, ONE ROW BEHIND, I THINK WHERE WE'RE AT NOW WITH THIS.
SO, SO HAVE WE GONE THROUGH THE PROCESS AND CAUGHT EVERYBODY PROPERLY? UH, I, I THINK WE HAVE.
UM, SO I'LL CLOSE PUBLIC HEARING, UM, A A FEW COMMENTS BEFORE WE GET TO THE REBUTTAL PROCESS THAT I'D LIKE TO, TO BRING UP IT.
A LOT OF QUESTIONS THAT I THINK WERE HAVE BEEN RELATIVELY SYNONYMOUS.
UM, HOW MANY, HANG ON ONE SECOND.
WE, WE HAVE, WE'RE, WE'RE, WE'RE IN A QUORUM SITUATION AND WE HAVE A BOARD MEMBER THAT'S GOT A, A, A A CHALLENGE.
SO HOW MUCH TIME HAVE WE DONE? JUST 15 MINUTES.
UM, JAMIE, WHERE ARE WE AT THERE? UM, TIMEWISE, WHAT'S, WHAT'S OUR BEST, UM, OPTION AS FAR AS MOVING FORWARD? IF WE HAVE A LIMITED AMOUNT OF TIME, AND WE'RE PROBABLY NOT GOING TO MAKE IT TO THE, THE END OF THE REBUTTAL PROCESS.
I JUST WANNA MAKE SURE I UNDERSTAND THE CIRCUMSTANCE.
SO WE HAVE A BOARD MEMBER WHO NEEDS TO LEAVE.
WELL, A QUORUM HAS BEEN ESTABLISHED.
UM, SO I'M NOT NECESSARILY CONCERNED SINCE WE HAVE ESTABLISHMENT OF A QUORUM AT THE OUTSET.
SO THAT SINCE WE HAD ONE AT THE OUTSET, IF WE LOSE A MEMBER NOW, WE'RE OKAY.
UM, YEAH, SO TRYING TO GO THROUGH THE PROCESS.
I THINK, UM, WHAT I'VE HEARD A GOOD BIT BOTH WAYS, I GUESS IS, YOU KNOW, WHEN I ASKED THE ORIGINAL QUESTIONS ABOUT THE COMMON SPACE, I WAS THINKING IN SOME WAYS THAT MIGHT BE TOTAL POSITIVE.
UM, BUT AS I'VE HEARD, I'VE, I'VE UNDERSTAND THAT MAYBE IT'S NOT A TOTAL POSITIVE THING.
AND SO MAYBE THERE COULD BE A LITTLE BIT DISCUSSION, UH, IN REFERENCE TO THE PLUSES AND MINUSES OF HOW IT MAY WORK, YOU KNOW, WITH THE HOA ISSUE.
UM, I REALLY HADN'T THOUGHT OF THAT ONE BEFORE EITHER.
UM, AND I'M NOT SURE THAT THAT'S TECHNICALLY SOMETHING THAT WE CAN EVEN DISCUSS.
SO THAT WOULD BE MY FIRST QUESTION TO JAMIE AS WE MOVE FORWARD.
SO YOU WANT TO MAKE SURE THAT YOU'RE ELICITING TESTIMONY THAT HELPS YOU EVALUATE THE SIX CRITERIA THAT ARTICULATED IN THE ORDINANCE.
SO YOU MAY IN REFERENCE TO THE COMMON SPACE.
'CAUSE WE WE'RE LOOKING, I THINK THAT WAS PART OF THE ORIGINAL TESTIMONY THAT CAME UP, THAT THE PO COMMON SPACE WITH THIS PROJECT WOULD BE A POSITIVE WITH THE WALKING TRAILS AND ACCESS FOR THE WHOLE COMMUNITY.
AND WHAT WE'VE HEARD THROUGH SOME OF THE, UM, FOLKS THROUGH CONVERSATION, MAYBE IT ISN'T SO, SO IF YOU WANT TO ASK THE APPLICANT TO OFFER SOME ADDITIONAL TESTIMONY TO HELP YOU UNDERSTAND THE COMMON AREA AND HOW IT IS, YOU KNOW, RELEVANT TO THE MULTI-FAMILY DEVELOPMENT, YOU CAN DO THAT.
SO WOULD THAT BE SOMETHING WE CAN DO BEFORE THE REBUTTAL PROCESS? IF YOU HAVE QUESTIONS, YOU CAN ASK YOUR QUESTIONS.
UM, I, I THINK THE, I THINK THE CONCERN, AND IT CAME I THINK FROM MR. JOHNSON, AND I THINK YOU PROPOSED, YOU HAD A CON, A CONCEPT MAP WITH THE GREEN AREAS AND GREEN.
UM, COULD YOU JUST SPEAK A LITTLE MORE ABOUT, UH, YOU KNOW, THE GREENWAY THE WALKING TRAIL? IS THAT JUST, OF COURSE, TO ANSWER THE QUESTION OF THANK YOU.
AND THEN TO LOOK ON THE MAP HERE.
IF WE LOOK TO THE, THE TOP, TOP OF THE PAGE IN THE EXISTING COMMUNITY, YOU CAN SEE KIND OF A CIRCUITOUS PATH GOING DOWN TO THE LAKE THERE IN THE EXISTING AREA.
YOU KNOW, WE, WE, WE WERE OUT THERE TODAY, IT'S A BEAUTIFUL PATH WALKING ALONG THE LAKE.
WE WERE TRYING TO PROMOTE AND CONTINUE THAT THEME THROUGHOUT THIS PORTION OF THE DEVELOPMENT SIMPLY, UM, AND UTILIZE SOME OF THAT OPEN SPACE FOR
[01:30:01]
SOMETHING MORE THAN JUST GRASS THAT WOULD NEED TO BE MOWED, RIGHT? WE WANTED TO, UH, CREATE ACTIVATION IN THAT SPACE, UM, AND ALLOW FOR, UH, I GUESS A MORE ENJOYABLE WALK IF YOU WERE TO GO FROM ONE END TO THE OTHER IN THE COMMUNITY VERSUS A, A STANDARD SIDEWALK.AND JUST TO BE CLEAR, THIS IS PART OF THE CONCEPT MAP, IS THESE TRAIL SYSTEMS ARE NOT REFLECTED ON THE PROJECT OR THE SITE PLAN, RIGHT? I'M, I'M SORRY, CAN YOU, THESE WALKING TRAILS ARE ONLY ON THIS CONCEPT MAP, THEY'RE NOT ON THE SITE PLAN? THAT'S CORRECT.
THEY'RE NOT ON THE ENGINEERING DRAWING.
UM, IT'S JUST THE, THE VISUAL RENDERING.
AND HOW BIG AN AREA IS IT ACTUALLY, IS THERE ANY WAY THAT SCALE WISE, OH, CAN, CAN WE THROW OUT A NUMBER, YOU KNOW, ACREAGE FEET, UM, BECAUSE IT'S HARD FOR US TO READ THE SCALE OF THE MAP.
I MEAN, AND ARE YOU TALKING ABOUT JUST THE COMMON SPACE? YEAH, THE ACRES.
SEVERAL ACRES WE WOULD BE, UH, PROVIDING AS COMMON OPEN SPACE.
DO YOU HAVE A ACREAGE MAP? THAT'S, THAT'S THE CHALLENGE WE'RE IN.
AND I DON'T HAVE A SCALE WITH ME.
I JUST CAN'T READ IT ON A SMALL SCALE.
BRING BIG MAP, COULD YOU GUESS? COMMON AREA AND OPEN SPACE IS A TOTAL OF 7.83 ACRES.
AND I THINK THE CONCERN FROM THE PUBLIC WAS ALSO THE, UH, THE USE OF THAT OPEN SPACE.
THEY WERE CONCERNED WITH FOLKS, UH, GOING THROUGH THEIR YARD.
SO, UH, I THINK THE CONCERN IS, IS THERE GOING TO BE, UH, A WAY TO PREVENT UNAUTHORIZED ACCESS TO ADJACENT PROPERTIES TO UTILIZE THIS TRAIL? RIGHT.
UM, I MEAN THE, THE, DO YOU WANNA SPEAK TO THAT, THAT, WELL, I ACTUALLY WANTED TO SPEAK TO THE, UH, ACREAGE.
IT'S 7.83 ACRES IS THE OPEN SPACE AREA.
YOU KNOW, OF COURSE THAT'S ALL OF THE GREEN AREA THAT'S UP THERE.
SO THE BIG CHUNK THERE THAT WHERE THE WALKING TRAILS WOULD BE IS SOME PORTION OF THAT ITEM, THOUGH, THAT FIGURE.
AND I, AND I'M SINCE, SINCE WE'RE ON THE QUESTION, THE, THE OPEN SPACE, HOW ABOUT THE, DO WE HAVE A ROUGH IDEA OF THE, THE BUFFER AREA WIDTHS? JUST BY SCALE? CAN ANYBODY REMEMBER WHEN THE MAP WAS DONE? IS IT 20 FEET, 30 FEET, 50 FEET? I MEAN, IS THAT AVAILABLE? IT VARIES PROBABLY FROM 30 TO A HUNDRED FEET AND WHERE YOU'RE ALONG THAT LINE.
CAN, CAN, MR. CHE, CAN YOU REPEAT THAT RESPONSE SO WE CAN HAVE IT ON THE RECORD? YES.
SO WHAT I HEARD WAS IT VARIED FROM 30 TO A HUNDRED FEET, DEPENDING WHERE A PERSON WAS ALONG THE LINE.
ROBERT, WHAT WAS YOUR QUESTION? I THINK THE CONCERN FROM THE PUBLIC WAS THE UNAUTHORIZED USE OF ADJACENT PROPERTY OWNERS YARDS TO ACCESS THIS TRAIL.
UM, SO FIRST OF ALL, I WANT TO REMEMBER, REMIND THE BOARD THAT THIS IS A PUD.
UM, LAKE TYLER IS A PUD THAT WAS APPROVED A LONG, LONG TIME AGO.
AND THAT THIS AREA IN THE FRONT WAS PROVED FOR MULTIFAMILY USE AS PART OF THAT PUD PROCESS.
AND SO THE CONCEPT HAS BEEN TO USE THIS FOR MULTIFAMILY.
THE, UM, AS FAR AS PREVENTING ACCESS TO THAT, I DON'T THINK THE DEVELOPER WOULD BE OPPOSED TO, YOU KNOW, SOME SORT OF QUALIFICATION THAT THERE'D BE A FENCE LINE ALONG THERE.
UM, BUT THOSE ARE DESIGN CRITERIA AND I'D LIKE FOR Y'ALL TO KEEP IN MIND THAT THIS IS A USE, UH, PROCESS.
SO, BUT I, THEY'RE NOT OPPOSED TO THAT.
AND, AND THEN THE OTHER QUESTION I'VE GOT, UM, SINCE WE'VE HAD A LOT OF CONVERSATION IN REFERENCE TO TRAFFIC, UM, THE INSTALLATION OF THE TRAFFIC LIGHT, UM, I THINK IT WAS SINGULAR, IS THAT ONE, IS THAT TRUE THAT I HEARD THAT PROPERLY, THAT IT WAS ONE TRAFFIC LIGHT? AND THEN SECONDLY, THROUGH THE PROCESS, UM, WOULD ONE ASSUME THAT AS SOON AS THE PROJECT STARTS, THAT THE TRAFFIC LIGHTS OR LIGHTS WOULD BE INSTALLED? UM, AND HOW WOULD WIDENING OF THE ROAD OR WHATEVER FIT INTO THE WHOLE PROCESS? SO TO ANSWER, UH, A PREVIOUS QUESTION FROM, UH, CITIZEN BEIT, THE LOCATION THAT THE SIGNAL IS BEING PROPOSED IS AT OLIVIA ROAD.
SO IF THAT WAS MISSPOKEN BEFORE IT'S AT OLIVIA.
SO THE MAIN ACCESS, CURRENT MAIN ACCESS TO THE DEVELOPMENT, UM, AND THE WAY THAT THE, THE TRAFFIC STUDY WAS DONE, IT WAS DONE ALL AS SORT OF ONE PHASE JUST TO GET AN OVERARCHING FEEL OF WHAT, UH, IMPROVEMENTS WOULD BE.
SO IF, IF UPON N-C-D-O-T REVIEW THAT THE SIGNAL IS,
[01:35:01]
IS APPROVED, IT WOULD LIKELY BE REQUIRED TO BE INSTALLED PRIOR TO, UM, ANY OF THOSE TOWN HOMES BEING COMPLETED OR OCCUPIED.UM, AND SORRY, YOU HAD A QUESTION ABOUT WIDENING? YES.
INGRESS AND EGRESS WITH THE TRAFFIC LIGHT.
SO, AND, AND I'M BASING THAT BASED ON STORAGE OF VEHICLES, YOU KNOW, HOW MANY VEHICLES CAN BE STORED AT THAT TRAFFIC LIGHT? ARE WE CAN BE BACKED UP A MILE DOWN THE ROAD OR WHAT, WHAT'S THE THOUGHT THERE? NO, I THINK OBVIOUSLY, UM, I THINK BASED ON THE SPACING OF SORT OF WHERE THAT SIGNAL WOULD FALL, IT WOULD LIKELY BE IN CON OPERATING IN CONJUNCTION WITH THE 53 OR 55 AND 43 SIGNAL.
SO THE, THE PURPOSE OF HAVING THAT LIGHT THERE WOULD BE TO FACILITATE THOSE MOVEMENTS AND OPTIMIZE EVERYTHING.
SO I DON'T THINK YOU'RE GONNA HAVE A, A HUGE BACKUP ON, ON ANY ONE APPROACH.
THEN ONE, ONE ADDITIONAL QUESTION IN REFERENCE TO, UM, THE PROPERTY ITSELF.
I'M SURE THAT SOMEWHERE ALONG THE WAY THERE'S A STORM WATER PERMIT, WHETHER IT'S ALREADY BEEN IN, UH, UM, ACQUIRED OR IN THE PROCESS.
UM, WHEN OR WHERE DO WE STAND IN REFERENCE TO THAT PROCESS AND THE, UM, HOW HIGH THE LAND IS OR LOW AND WHERE THE STORM WATER, UM, MAY OR MAY NOT COME IN AND OUT? YOU'RE ASKING ABOUT STORM WATER? YES, SIR.
WHEN, WHEN THE ORIGINAL, UM, WORK WAS DONE ON ALL OF THE LAKE TYLER FACILITIES THERE, THAT'S THERE NOW, THE BIG SUBDIVISION FACILITIES WERE STUBBED OUT TO THIS MULTIFAMILY AREA TO ACCOMMODATE THE WASTEWATER.
I MEAN THE, UM, STORMWATER LEAVING THIS SITE AND MAKING ITS WAY OVER TO THE BIG LAKE THAT'S OUT THERE, THE LAKE TYLER, WHICH IS, UH, AN OLD MINE.
UM, POSSIBLY WE MAY WANNA SLOW THE WATER DOWN A LITTLE BIT, SO WE MAY, UH, AS YOU'RE SAYING ON HERE, WE MAY PUT A, PUT A, A RETENTION POND THERE TO SLOW THE WATER GOING OUT.
UM, THAT'S THE PLAN RIGHT NOW.
THE ACTUAL DETAILED DESIGN OF THAT HAS NOT BEEN DONE YET.
THIS IS JUST, UH, A PRELIMINARY DESIGN THAT WE'VE DONE HERE.
UM, ONCE WE GET INTO THE CONSTRUCTION PLAN AND THE PERMIT DOCUMENTS AND ALL THAT, THEN WE'LL BE MORE DETAILED DESIGN ON THAT.
SO THE STORMWATER PERMIT ACTUALLY, WHEN IT WAS ORIGINALLY, UH, DEVELOPED, UH, INCLUDED THIS PORTION.
UM, IT DIDN'T INCLUDE THE DEVELOPMENT OF THIS AREA, BUT IT INCLUDED, UH, THE SIZING OF THE FACILITIES TO ACCOMMODATE THIS AREA.
BUT THE STORMWATER PERMIT ITSELF DOES NOT COVER THE INFRASTRUCTURE TO BE BUILT ON THIS PARTICULAR SITE WITH, UH, THAT'LL BE DONE UNDER A EITHER PERMIT MODIFICATION TO WHAT'S ALREADY OUT THERE OR UNDER A SEPARATE PERMIT ALTOGETHER FOR THE MULTIFAMILY AREA.
REMEMBER, I, I CAN'T HEAR SO YOU HAVE TO SHOUT, I'M SORRY.
UM, QUESTION THE STORMWATER POND THAT HAS YET TO BE DESIGNED IS WHAT YOU'RE SAYING, THE DETAILS OF IT? YES.
WE, WE HAVE DONE PRELIMINARY SIZING OF THIS, AND I THINK ONE OF THE DRIVING THINGS WITH THIS WAS WE HAD A PIECE OF PROPERTY THERE THAT WE COULD ACTUALLY DO THAT AND ACTUALLY MAKE A LITTLE BIT OF AN AMENITY OUT OF IT.
UM, WE FEEL LIKE WE PROBABLY NEED TO SLOW THE WATER DOWN A LITTLE BIT WHILE WE'RE SHOWING THE POND IN THAT LOCATION BEFORE WE LET IT EXIT THE PROPERTY.
UM, BUT THE ACTUAL DETAILS OF THAT WON'T BE WORKED OUT UNTIL WE GET INTO THE CONSTRUCTION PLANS AND THE PERMIT DOCUMENTS AND ALL THAT.
AND THERE WAS A CONCERN BROUGHT UP ABOUT MOSQUITOES WITH THE STANDING WATER, SINCE IT'S CURRENTLY NOT THERE, YOU PROBABLY HAVE NO INFORMATION AS TO WHAT THAT POTENTIAL MIGHT BE, OR IS THERE SPRAYING DONE OR THERE? THERE ARE A COUPLE OF, OF DEPRESSIONS OUT THERE, AND IN THOSE DEPRESSIONS PROBABLY TODAY, THERE MAY BE SOME STANDING WATER INSIDE OF THOSE DEPRESSIONS.
SOME OF THE INFRASTRUCTURE THAT WAS DONE ON THE PREVIOUS ADJACENT SUBDIVISIONS OR MAYBE ARE DISCHARGING WATER INTO THOSE DEPRESSIONS, BUT THERE'S ALSO AN OUTLET FOR THOSE DEPRESSIONS AS WELL, SO THEY DON'T FILL UP AND FLOOD.
UH, SOME OF THOSE DEPRESSIONS ARE GONNA BE LEFT AS IS.
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UH, SOME OF 'EM WILL BE FILLED TO ACCOMMODATE THE DEVELOPMENT.BUT THERE WILL BE DRAINAGE PROVIDED FOR THE WHOLE SITE.
SO THERE IS POSSIBILITY AS IT IS TODAY ON SOME OF THESE DEPRESSIONS THAT ARE IN THERE.
THERE COULD BE SOME STANDING WATER IN THOSE DEPRESSIONS BECAUSE THAT'S NATURALLY WHAT'S OCCURRING THERE.
YOU SAID SOMETHING ABOUT MOSQUITOES.
THIS IS EASTERN NORTH CAROLINA.
THAT'S ALL I CAN SAY ABOUT THAT.
AND IT, IT JUST THAT IT WAS BROUGHT UP AS A QUESTION IN REFERENCE TO THE MOSQUITOES AND DIDN'T KNOW IF THERE WAS A CURRENT PROBLEM, UM, OR IF IT'S BEEN ADDRESSED FOR THE REST OF THE CURRENT HOMEOWNERS IN THAT AREA, IF THEY'VE EXPERIENCED PROBLEMS. I'M NOT FAMILIAR WITH THAT.
I DON'T KNOW WHAT TO TELL YOU ABOUT THE MOSQUITOES.
WE DON'T DESIGN FOR HURRICANES.
UM, REALLY WE DON'T, BUT THEY COME AND GO AND, UH, WE SURVIVE.
THERE WAS ALSO MENTION THAT THERE WERE SOME AREAS THAT HAD BEEN DESIGNATED AS WETLANDS.
IS THAT AREAS THAT WOULD BE FILLED IN OR HOW WOULD YOU ADDRESS THAT IF THAT IS FACTUAL? THERE, THERE WERE A COUPLE OF PIECES OF DEPRESSIONS ON THIS PROPERTY THAT WE'RE TALKING ABOUT THAT AT ONE TIME WERE DETERMINED TO BE ISOLATED.
WELLINGS, AND I'LL TRY TO BE BRIEF WITH THIS, BUT IT'S A LONG STORY.
UM, THROUGH THE WHOLE PROCESS OVER THE YEARS WITH THE FEDERAL GOVERNMENT AND THE STATE OF NORTH CAROLINA AND THROUGH NUMEROUS COURT CASES, OKAY.
THE FEDERAL GOVERNMENT NO LONGER TOOK, OR THE CORPS OF ENGINEERS NO LONGER TOOK JURISDICTION OVER ISOLATED WELLINGS.
HOWEVER, THEY DID GO OUT AND THEY IDENTIFIED THOSE WETLANDS AS ISOLATED.
THE STATE OF NORTH CAROLINA DID TAKE JURISDICTION OVER THOSE WETLANDS, WHICH MEANS IF YOU DID ANYTHING IN THERE, YOU HAD TO GET A, A, A PERMIT FROM THE STATE OF NORTH CAROLINA.
BUT THE CORPS OF ENGINEERS HAD TO DESIGNATE AS AN ISOLATED WETLANDS IN MAY OF, OF LAST YEAR, 2023, THE SUPREME COURT THROUGH A CASE GOT RID OF ALL THAT.
AND SO THERE, THERE'S STILL SOME TALK ABOUT IT, BUT THE SUPREME COURT MADE THE DECISION THAT THESE ISOLATED WETLANDS ARE NO LONGER ARE UNDER THE JURISDICTION OF THE CORPS OF ENGINEERS.
MATTER OF FACT, THEY'RE NOT EVEN WETLANDS ANYMORE.
THEY CAN'T EVEN CALL 'EM WETLANDS IF THEY'RE ISOLATED WETLANDS.
AND THEY DON'T HAVE WHAT'S CALLED A SURFACE CONNECTION TO A STREAM OR SOME OTHER BODY OF WATER.
THE LEGISLATURE AND THE STATE IN, UM, I BELIEVE IN JUNE, MIRRORED THAT ON WHAT THE SUPREME COURT SAID WHEN ENVIRONMENTAL MANAGEMENT COMMISSION MET IN SEPTEMBER, I BELIEVE IT WAS SEPTEMBER, UH, THE ATTORNEY GENERAL'S OFFICE SHOWED UP THERE AND TOLD 'EM THEY DIDN'T HAVE A DOG IN THE FIGHT.
SO RIGHT NOW, THESE WETLANDS ARE NO LONGER WETLANDS AND NOBODY HAS JURISDICTION OVER 'EM.
ONE MORE QUESTION, MR. CHAIRMAN.
UH, THERE WAS A QUESTION ABOUT OVERFLOW PARKING.
AND I YOU CAN SAY AS TO, WE SAW IN THE DRAWINGS THE ONE CAR, ONE CAR, TWO CAR GARAGE, AND THEN SPACE IN THE DRIVEWAY.
AND THERE WAS, UH, A QUESTION BROUGHT UP BY, UH, TESTIMONY AS TO ADDITIONAL OVERFLOW PARKING.
IF YOU HAD A PARTY AT YOUR TOWN HOME, WHERE WOULD EVERYONE PARK? THAT'S IT.
THAT'S A REALLY GOOD QUESTION.
AND, AND I THINK THAT POSSIBLY THAT'S SOMETHING THAT NEEDS TO BE CONSIDERED WHEN WE GET INTO THE FINAL DESIGN OF THIS PROJECT.
NOW SAYING THAT THE PARKING THAT'S BEEN SUPPLIED THERE MEETS THE CITY CODE.
BUT THEN FOR ALL PRACTICALITY, THIS IS SOMETHING WE CAN DISCUSS WITH THE DEVELOPER AS WE MOVE FORWARD, IS TO SEE IF THERE'S ANY NEED FOR THAT SORT OF THING.
ANY ADDITIONAL QUESTIONS? OKAY.
SO I THINK WE'RE AT A POINT NOW WHERE ERIC, UM, DO YOU HAVE THREE MINUTES TO MAKE A CLOSING ARGUMENT? I JUST, I JUST HAVE A COUPLE OF COMMENTS.
UM, FIRST, AGAIN, I WOULD LIKE FOR YOU ALL TO KEEP IN MIND THAT THIS IS A USE PERMIT PROCESS.
UM, IT'S NOT ABOUT DESIGN CRITERIA BECAUSE THE, THE DEVELOPER WILL HAVE TO GO THROUGH A, A LOT OF OTHER PERMITTING PROCESSES TO GET THE DESIGN DONE.
UM, THIS WAS A PUD AND THIS AREA WAS DESIGNATED FOR MULTIFAMILY.
AND THAT'S WHAT THE DEVELOPER IS TRYING TO PUT THERE.
UM, THE EVIDENCE THAT YOU'VE HEARD ABOUT THE SIX CRITERIA IS THAT THIS IS WITHIN THE JURISDICTION OF THE TABLE OF PERMISSIBLE USES.
AND I THINK, UH, KENDRICK WOULD, UH, SUPPORT THAT.
UM, THIS WILL COMPLY WITH THE ORDINANCES.
YOU'VE HEARD TESTIMONY FROM NOT ONLY THE DEVELOPER, BUT ALSO FROM THE ENGINEERS AND OTHER PEOPLE THAT, THAT, THAT THEY WILL FOLLOW
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THE ORDINANCES.UH, IT'S NOT GONNA INJURE VALUES.
UM, MS. SUZANNE NELSON, UH, TESTIFIED TO THAT.
UH, IT'S NOT GOING TO, UH, MATERIALLY ENDANGER THE HEALTH OR SAFETY OF PEOPLE.
UH, AND, UH, IT WILL BE COMPLIANT WITH, UH, THE DIFFERENT ORDINANCES AND TRAFFIC, UM, CRITERIA THAT THE N-C-D-O-T ESTABLISHES.
AND LASTLY, IT'S, IT'S IN HARMONY WITH THE AREA.
YOU'VE SEEN RENDERINGS OF THE TYPES OF, OF STRUCTURES THAT THEY PLAN TO PUT THERE.
THOSE TYPES OF STRUCTURES ARE SIMILAR TO THE STRUCTURES THAT ARE IN LAKE TYLER ALREADY.
AND SO THIS, THIS PROPOSED PROJECT IS VERY MUCH IN HARMONY WITH THE SURROUNDING AREA.
I WENT THROUGH ALL OF THE LAND USE, UH, PLAN CRITERIA AND SHOWED YOU ALL THE DIFFERENT AREAS WHERE IT MATCHES UP WITH WHAT THE LAND USE PLAN SAYS FOR THE FUTURE USE OF THIS AREA, BEING THAT IT IS IN THAT NORTH CAROLINA 43 FOCUS AREA.
AND SO WE WOULD ASK YOU TO APPROVE THIS APPLICATION BECAUSE WE BELIEVE IT MEETS ALL OF THE CRITERIA.
WE BELIEVE THAT THE, THE TECHNICAL CRITERIA HAVE BEEN FOUND TO BE THERE BY THE STAFF AND BY THE, BY THE DRC COMMITTEE.
AND WE BELIEVE THAT THE OTHER EXPERTS THAT HAVE TESTIFIED TONIGHT HAVE, HAVE SHOWN THAT THE TESTIMONY FROM, UM, THE RESIDENTS AND STUFF, WHILE WE ACCEPT THAT WE HAVE TRIED TO MAKE SOME CHANGES BASED ON THAT, BUT NONE OF THEM TALKED ABOUT ANYTHING THAT WAS PARTICULAR TO THEM.
THEY ONLY TALKED ABOUT GENERALIZED ISSUES TO THE NEIGHBORHOOD, AND THAT DOES NOT GIVE THEM STANDING TO BE ABLE TO TESTIFY IN THESE KIND OF HEARINGS AND ANYTHING ABOUT TRAFFIC THEY, THEY DID NOT HAVE STANDING FOR.
SO AGAIN, WE WOULD ASK YOU ALL TO APPROVE THIS.
UH, WE THINK IT'S A GOOD PROJECT AND IT'LL ADD, UH, BENEFIT TO THE AREA.
AND SO WE'D ASK YOU TO, TO GRANT THE SPECIAL USE PERMIT.
AND AGAIN, WE'RE HAPPY TO ANSWER ANY OTHER QUESTIONS.
UH, DOES THE BOARD HAVE ANY QUESTIONS? NO QUESTIONS FROM ME? NO.
SO I GUESS WE'RE IN THE PROCESS TO, TO MOVE FORWARD, UM, IN REFERENCE TO THE SIX CRITERIA.
UM, YOU DID PRESENT, UM, THE INFORMATION AND EVERYTHING, UH, IN REFERENCE TO THE PERMISSIBLE, WE HAVE THOSE IN FRONT OF US.
UM, SO, UH, NUMBER ONE, UH, THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION ACCORDING TO THE TABLE OF PERMISSIBLE USES.
DO ANY BOARD MEMBERS HAVE ANY QUESTIONS IN REFERENCE TO YOU? NO.
ARE WE READY TO HAVE A MOTION? YEAH, I MOVE, I MOVE FOR A VOTE.
UH, THE REQUESTED PERMITS WITHIN THE JURISDICTION ACCORDING TO THE TABLE OF PERMISSIBLE USES.
SECOND, UM, WE SHOULD PROBABLY HAVE A ROLL CALL.
UH, BOARD MEMBER KATHLEEN MARTY.
UH, AND ONE MORE, I APOLOGIZE.
BOARD MEMBER SANDRA, SANDRA GRAY.
SO HOW DO WE DEAL WITH THAT? JUST, JUST SO THE, THE PUBLIC CAN UNDERSTAND WHEN WE ASKED FOR THE FIFTH BOARD MEMBER THAT'S HERE OR WAS HERE BECAUSE SHE WAS HERE AT THE BEGINNING OF THE MEETING, SHE HELPED ESTABLISH A QUORUM.
UM, JUST BECAUSE YOU LEAVE THE MEETING DOES NOT EXCUSE YOU FROM A DUTY TO VOTE.
SO WE CALL HER NAME BECAUSE SHE STILL WOULD HAVE A DUTY TO PARTICIPATE.
OUR SECOND CRITERIA, UH, IS THE APPLICATION COMPLETE? I MOVE THE APPLICATION IS COMPLETE.
SECOND, UH, ANY CONVERSATION? NONE.
UH, CAN WE HAVE A ROLL CALL? YES, SIR.
AND BOARD MEMBER? SANDRA GRAY.
OUR THIRD, UH, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
ANY CONVERSATION NOW I MOVE TO FIND IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
AND BOARD MEMBER, UH, EXCUSE ME, SANDRA, GREG.
THAT THE USE WILL NOT MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED.
[01:50:01]
AND I WOULD JUST, I WOULD JUST FOR THE RECORD TO REFLECT, AND I THINK KENDRICK TESTIFIED ON THIS, THAT THE REVISED SITE PLAN ADDRESSED ALL OF THE DRC COMMENTS FROM THAT FIRST ROUND, CORRECT? YES SIR.IS THERE ANY DISCUSSION? DO WE HAVE A ROLL CALL? YES SIR.
AND BOARD MEMBER? KATHLEEN MARTIN.
AND BOARD MEMBER BARBARA SAMPSON.
THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR A BUDDING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY.
DO WE HAVE ANY DISCUSSION? MAY WE HAVE A YES SIR.
ROLL CALL BOARD MEMBER CATHOLIC PARTY.
AND BOARD MEMBER BARBARA SAMPSON.
THAT THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED AND APPROVED, 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.
DO WE HAVE ANY DISCUSSION? SO I'VE JUST GOT ONE COMMENT.
UM, AND JUST CURIOUS, YOU KNOW, WE HAD SOME DISCUSSION ABOUT THE DOT TRAFFIC PLAN.
UM, IS THAT SOMETHING THAT WE NEED TO DISCUSS IN REFERENCE TO, UM, A CONDITION AT THIS POINT? OR DO WE TALK ABOUT A CONDITION AFTER THE FACT? OR WHERE DO WE NEED TO GO? YES, SIR.
SO YOU WOULD ENTERTAIN WHETHER THEY'VE ESTABLISHED A SIX CRITERIA AND THEN IF YOU WANT TO HAVE ANY DISCUSSION ABOUT CONDITIONS, YOU WOULD DO SO THEREAFTER.
DO WE HAVE ANY ADDITIONAL COMMENTS? UH, AGAIN, JUST FOR THE RECORD, I WOULD PUT, AND I, I, AGAIN, I DON'T REMEMBER IF KENDRICK PUT THIS IN THERE, BUT, UM, THERE'S STATEMENT THAT WITHIN A HALF A MILE OF SITE THERE ARE RESIDENTIAL SINGLE FAMILY DWELLINGS, DUPLEXES, MANUFACTURED HOME PARK AND ENERGY UTILITY STATION AND SOME VACANT LOTS.
SO JUST AN UNDERSTANDING OF OUR UNDERSTANDING OF THE SURROUNDING AREA.
THAT'S ALSO TAKEN INTO CONSIDERATION.
SO WITH THAT, AND BASED ON THE TESTIMONY BEFORE US, UH, TODAY, SO MOVED.
ANY DISCUSSION? UH, KEN, WOULD YOU HAVE A ROLL CALL? YES SIR.
AND BOARD MEMBER? KATHLEEN MARTY.
AND BOARD MEMBER BARBARA SAMPSON.
SO ALL WE'VE, WE'VE MOVED AHEAD AND PRIOR TO, UH, APPROVING THE APPLICATION, UH, DO WE HAVE ANY CONDITIONS THAT WE WOULD LIKE TO DISCUSS? UM, SO THE TWO CONDITIONS THAT I TOOK NOTE OF WHEN WE WERE, UH, WHEN WE WERE DELIBERATING AND HEARING THE TESTIMONY, IT WAS, UH, COMPLIANCE WITH DEPARTMENT OF TRANSPORTATION'S COMMENDING, UH, RECOMMENDATIONS REGARDING THE TRAFFIC IMPACT ANALYSIS.
I THINK THAT'S ALREADY REQUIRED.
I DON'T THINK IT HAS TO BE A CONDITION, BUT, YOU KNOW, IF IT MAKES PEOPLE FEEL COMFORTABLE, THAT'S FINE, BUT I, I DON'T THINK THAT'S A REQUIRED CONDITION.
THE OTHER ONE, UH, WHICH IS ONE ROBERT, I MEAN ELOQUENTLY PUT, UH, ABOUT GETTING RID OF, I THINK IT WAS 0 5 3 THROUGH 0 5 6 ON THE SITE PLAN, WHICH SHOWED THAT AMENITY AREA.
THOSE WERE THE TWO THAT I HAD LISTED, THAT WE HAD DISCUSSED.
I PERSONALLY DON'T THINK THE DOT UH, IS REQUIRED SINCE THEY ALREADY HAVE TO COMPLY WITH DOTS AND THE CITY'S RECOMMENDATIONS AS TO, UM, ROADS.
I ALSO DON'T NECESSARILY THINK WE HAVE JURISDICTION FOR THAT.
BUT, UM, I, I WOULD LIKE SOME DISCUSSION ABOUT THE AMENITY AREA.
UM, AND IT WAS ON THE MAP, IT WAS THE CONCEPT MAP FROM MR. JOHNSON.
THEY ASKED FOR 24 BUILDINGS WITH 145 UNITS.
SO THIS WOULD BE A REVISION TO THE ORIGINAL APPLICATION AS WELL AS THE SITE PLAN.
WE'VE BEEN LOOKING AT A RENDERING THAT IS NOT A SITE PLAN.
WHAT'S IN YOUR PACKET IS A SITE PLAN.
SO I'D LIKE TO CALL SOME ATTENTION TO THAT AND ASK IF THEY'RE AGREEABLE TO REDUCING FROM WHAT WAS ON THE APPLICATION FROM 24 TO 23 BUILDINGS AND 145 UNITS TO 141 UNITS.
I THINK THAT'S KIND OF WHERE, THANK YOU JESSICA, MR. TON.
THE DEVELOPER IS AGREEABLE TO REDUCING IT, UH, BY ONE BUILDING AND FOUR UNITS.
AND THE LAST THING I HAD NOTED, IF YOU MAY, MAY OR MAY NOT WANT TO DISCUSS THIS WAS, UM, UP AT THE, UH, NORTH NORTHWEST PROPERTY LINE, THERE'S SOME KIND OF BUFFER WHERE WE STARTED
[01:55:01]
TALKING ABOUT TRAILS.AGAIN, IT'S BEEN POINTED OUT THAT'S NOT PART OF WHAT WE NEED TO APPROVE TONIGHT.
BUT IF IT WOULD ADD COMFORT, UM, IF YOU WANTED TO CONSIDER IT MORE, IF THERE IS PLANS FOR A TRAIL THAT HAVE BEEN KIND OF PUT OUT TODAY, UM, IF YOU WANTED TO CONSIDER SOME OTHER KIND OF BUFFER BETWEEN THOSE RESIDENCES THAT EXIST IN THAT GREEN SPACE.
THE, THE JUST THIS IS COMMON TO STAFF THE TRAILS WHICH ARE NOT PART OF THE SITE PLAN.
UM, AND SO IT'S PART OF THE CONCEPT.
IF THEY DECIDE TO DO TRAILS AND OR THEY DECIDE, THE DEVELOPER DECIDES TO PUT IN, UH, SOME FENCE, UH, ALONG THE PROPERTY LINE TO ADDRESS THE RESIDENT CONCERNS ABOUT, UM, YOU KNOW, FOLKS PASSING THROUGH THEIR YARDS TO GET ON THESE TRAILS.
THAT'S SOMETHING THAT'S A MINOR REVISION THAT STAFF COULD APPROVE.
TRAILS AND FENCES AND NEITHER ONE REQUIRE EVEN PERMITS OUT OF OUR OFFICE.
YOU COULD JUST KIND OF DO THEM IF YOU WANTED ASSURANCE THERE WAS SOME KIND OF BUFFER THERE, NOW WOULD BE THE TIME TO DISCUSS IT ON THE OVERALL SITE PLAN.
SO LIKE THAT WOULD BE SOMETHING THE STAFF WOULD APPROVE AND IF THEY DIDN'T, THEN THEY COULD COME BACK HERE AND APPEAL THAT DENIAL.
SOUNDS LIKE JESSICA'S SAYING THAT WE CAN MAKE A CONDITION IF YEAH.
I WE CAN'T, STAFF CAN'T SAY YOU GOTTA PUT A FENCE UP.
AND WE DON'T EVEN REQUIRE A PERMIT FOR Y THE CITY OF NEW BERN.
UNLESS YOU'RE IN A HISTORIC DISTRICT.
SO IF YOU'D LIKE SOMETHING LIKE THAT OR NOT, NOW JUST DECIDE NOW.
SO IS IT POSSIBLE TO COME UP WITH A CONDITION WHERE THE APPLICANT AND THE ADJOINING HOA HOAS, UM, CONTINUE A DIALOGUE TO, I'M TRYING TO THINK OF A GOOD WAY TO DO OR DO WE JUST SAY FENCE? SO, WELL I THINK, I MEAN SINCE WE'RE ON THE SITE PLAN, WE DON'T HAVE ANY PLANS FOR WALKING TRAILS.
IF THEY DECIDE, I THINK CAN WE MAKE A CONDITION THAT IF THEY DECIDE TO PUT IN WALKING TRAILS, THAT THEY ALSO HAVE TO PUT IN A FENCE? I THINK THE WALK AND, AND THE WAY I WOULD THINK OF THAT IS THE WALKING TRAIL IS AN ADDITIONAL USE.
UM, YOU KNOW, SOME KIND OF PARK RECREATION, NOT JUST MULTIFAMILY.
AND SO MAYBE THERE'S SOME CONDITION THERE.
I I, I'M NOT SO SURE WE COULD EVEN ADD THAT TYPE OF CONDITION.
SO I'M GONNA DEFER TO THE LEARNED COUNSEL.
THAT IS A VERY GOOD QUESTION AND THAT IS AN INTERESTING INTERPRETATION OF AN ADDITIONAL RECREATIONAL USE.
UM, JUST TO MAKE SURE WE HAVE MULTIPLE AVENUES FOR APPEAL, I THINK I CAN, I CAN SHORTCUT THIS DEC DISCUSSION.
I MEAN, WE HAVE NO PROBLEM WITH YOU ALL ADDING A CONDITION TO THE SPECIAL USE PERMIT THAT IF THERE ARE WALKING TRAILS THAT UM, IF THE STAFF AND THINKS THE OFFENSE IS AND THE HOA THINKS THE DEFENSE IS REQUIRED, THEN WE'LL PUT IN OFFENSE.
I THINK NOW THAT WE HAVE THAT ON THE RECORD,
SO THAT, THAT WOULD BE HOW I I, SO IF THAT'S THE CASE, I WOULD BE COMFORTABLE ADDING A CONDITION THAT IF THE DEVELOPER DECIDES TO PUT IN WALKING TRAILS, THAT THEY'LL PUT IN A FENCE ALONG THE PROPERTY LINE AS TO BLOCK THE, UM, THE OTHER SIDE OF THE, UM, SUBDIVISION AREA, THE NORTH SIDE.
DO WE HAVE ANY DISCUSSION, JUST SO WE'RE CLEAR ON THE MOTION, MR. FERGUSON, YOUR MOTION WAS TO, IF THERE'S A WALKING TRAIL, THERE'S A FENCE ON THE NORTHERN BOUNDARY LINE? YES.
JUST THAT, THAT FUNNY QUADRANT.
ANY ADDITIONAL COMMENTS? SO DO WE NEED TO DO A, A, A ROLL CALL ON THIS? SURE, WE CAN DO THAT, YES.
I'M GONNA START WITH BOARD MEMBER KATHLEEN MARTY, AYE.
CAN I MAYBE CLARIFY THAT MOTION JUST A LITTLE BIT? I THINK TO MAKE IT EASIER, UM, THAT, YOU KNOW, YOU WOULD SAY, UH, THE FENCE HAS TO BE BETWEEN THE TOWN HOME AREA AND WHAT'S THE ROAD THERE THAT GOES GABRIELA STREET.
UM, THE HOUSES THERE ALONG GABRIEL ON THAT SIDE OF THE PROPERTY BECAUSE I'M NOT SURE WHETHER IT'S NORTH OR EAST OR GOT IT.
THAT MAKES MORE SENSE THAT WHAT YOU'RE TALKING ABOUT MR. FERGUSON.
'CAUSE I THINK ON THE PRO ON THE CONCEPT MAP, THEY HAD THESE WALKING TRAILS AND WE HEARD SOME CONCERNS, WHICH I THINK FIT INTO THE SAFETY ASPECT.
SOME CONCERNS ABOUT PEOPLE COMING THROUGH THE, YOU KNOW, THOSE HOUSES YARDS.
I THAT'S AS FAR AS THE GEOGRAPHICAL LOCATION.
YOU'RE TALKING ABOUT AND MS. MARTY, WAS THAT YOUR UNDERSTANDING WHAT YOU MADE THE SECOND? UH, YES.
SO DO WE NEED TO REVISE THE NO.
[02:00:01]
AND BOARD MEMBER OF BARBARA SSON? YES.AND THEN WE NEED TO DISCUSS THE CONDITION IN REFERENCE TO THOSE, THE REDUCING THE, UH, PERMIT, UM, TO MAKE SURE THAT THE, WHAT WAS IT? THE, THE WORDS AS FAR AS FROM THE NUMBER OF, UH, JESSICA UNITS YOU SAID? OH, YOU HIT IT EXACTLY 45 TO 1 41.
1 45 TO 1 41 UNIT 0 5 3 THROUGH 0 5 6.
CAN SOMEONE POINT THAT OUT TO ME ON THE MAP? THE, THE NUMBERS ARE SO SMALL.
I'M NOT SURE EXACTLY WHERE, WHERE WE'RE TALKING.
DO YOU SEE THE EXISTING AMENITY POOL COMMON AREA? YES.
IT'S THE FOUR UNITS TO THE LEFT OF THAT, THOSE FOUR UNITS WOULD BE ELIMINATED.
YEAH, IT'S, IT'S A LITTLE CONFUSING.
UM, SO YEAH, DO, DO WE HAVE A, UM, THE SPECIFIC WORDING THAT WE CAN MAKE, HOWEVER, JESSICA AND ROBERT PUT IT SO MOVED
DO WE HAVE ANY, CAN WE DO IT THAT WAY? IS THAT LEGAL? MR. FERGUSON, WAS THAT YOUR MOTION? THAT WAS MY MOTION, YES.
MS. MARTY, WAS THAT YOUR SECOND TO THAT LANGUAGE THAT MR HAS PROPOSED? YES.
DO WE HAVE ANY DISCUSSION? AND LET'S JUST MAKE SURE THAT THIS, THIS IS THE, WHAT WE DISCUSSED EARLIER, UM, ERIC? YES, THAT IS CORRECT.
SO I THINK WE'RE IN A, THE POSITION WHERE WE NEED TO MAKE A, UH, A DISCUSSION ABOUT ACCEPTING THE PERMIT OR APPROVING THE PERMIT.
UH, SO DO WE HAVE A, A MOTION, SO MOVED WITH CONDITIONS.
WITH CONDITIONS WITH CONDITIONS.
AND WE HAVE THE TWO CON DO WE NEED TO SECOND READDRESS THE TWO COMMISSIONS CONDITIONS? YES, SIR.
DO WE HAVE ANY DISCUSSION? OKAY, DO WE HAVE A ROLL CALL? YES, SIR.
UH, BOARD MEMBER KATHLEEN MARTIN.
SO I THINK WE'RE IN A POSITION NOW WE CAN ADJOURN THE MEETING.
IS THAT CORRECT? UH, CHAIRMAN, YOU WOULD WANT TO ADVISE THE APPLICANT THAT EITHER THEIR SPECIALTY PERMIT HAS BEEN APPROVED OR DENIED.
AND, AND JUST TO BE CLEAR, YOU HAVE NOT ATTACHED A DURATION TO THE PERMIT.
IS IT THE TWO YEARS OR WHAT, WHAT'S THE PLEASURE OF COURT? ALRIGHT.
I, ERIC WOULD IF, MAY I SPEAK TO THAT? PLEASE DO.
WE WOULD ASK FOR A MINIMUM OF TWO YEARS.
UM, JUST BECAUSE OF THE TIME THAT IT TAKES TO GET THESE APPLICATIONS AND PERMITS, UM, AND, AND ALL THOSE PROCESSES COMPLETED.
SO IS IS TWO YEARS ADEQUATE? DO WE I MOVE THAT IT'D BE THREE YEARS.
THREE YEARS WOULD WOULD BE BETTER.
AND I THINK THAT ALLOWS US, THERE'S ONE EXTENSION THAT WE CAN GET, BUT IT'S A SHORT ONE, RIGHT? CORRECT.
IS THERE ANY ADDITIONAL DISCUSSION? UH, DO WE NEED A ROLL CALL? VOTE YOU CAN DO A VOICE VOTE IF YOU'D LIKE.
ANY OPPOSED? AND DO WE NEED TO ASK FOR OUR FIFTH MEMBER OR ARE WE GOOD? NO, SIR.
SO I GUESS IT'S TIME TO ADVISE THE APPLICANT THAT WE DID, UH, APPROVE THE SPECIAL USE PERMIT WITH TWO CONDITIONS, UM, IN REFERENCE TO THE BUILDINGS.
UM, AND THEN ALSO WE GAVE THREE YEARS.
AND, AND DO WE HAVE US HAVING TO COVER JAMIE? WE'RE GOOD.
AND I'D JUST LIKE TO SAY THANK YOU TO THE PUBLIC AND EVERYBODY OF BEING VERY ORDINARY.