[00:00:01]
SHEET THAT'S GONNA SPEAK.[I. CALL TO ORDER]
AND CALL THE MEETING TO ORDER NOW.UM, PLEASE, UH, MAKE A ROLL CALL.
STARTING WITH, UH, BOARD MEMBERS, SANDRA GRAY, PRESENT BOARD MEMBER ERIC THOMPSON.
LET THE RECORD SHOW HE'S ABSENT.
HERE, BOARD MEMBER BARBARA SAMPSON HERE AND BOARD MEMBER MIKE DUFFY HERE.
SO WE'D LIKE TO DO THE PLEDGE OF ALLEGIANCE, PLEDGE ALLEGIANCE TO THE FLAG IN THE UNITED STATES OF AMERICA.
AND MR. THE REPUBLIC FOR WHICH IT STANDS.
ONE, ONE NATION UNDER GOD AND IVIS WITH LIBERTY AND JUSTICE OVERALL.
[IV. CHAIRMAN’S REMARKS]
AND UH, THANKS FOR COMING IN THIS EVENING.UH, PLEASE TAKE AN OPPORTUNITY TO CHECK CELL PHONES AND ANY OTHER ELECTRONIC DEVICES, AND PLEASE HAVE 'EM TURNED OFF IN AN EFFORT TO NOT INTERRUPT THE MEETING AS WE MOVE ALONG.
UM, THIS IS GONNA BE A QUASI-JUDICIAL HEARING, WHICH PROCEEDS SIMILAR TO A COURT HEARING, AND WE ASK Y'ALL TO PLEASE RESPECT EVERYBODY, UM, AS THEY SPEAK.
WE ARE JUST, UH, A, A GROUP OF BOARD MEMBERS THAT, UH, ARE VOLUNTEERS, AND SO WE APPRECIATE A LITTLE BIT OF RESPECT AND WE WILL DO OUR BEST TO GIVE EVERYBODY AN OPPORTUNITY TO SPEAK.
WE LIMIT TIME TO THREE MINUTES.
UH, THE APPLICANT WILL MAKE A PRESENTATION, UM, AND AFTER THAT PRESENTATION, EACH PERSON THAT WOULD LIKE TO COME UP, WE'LL LIMIT THE THREE MINUTES.
WE'LL TRY TO BE A LITTLE BIT OF OPPORTUNISTIC THERE AND GIVE EVERYBODY A CHANCE.
UM, WE'LL SPLIT THINGS UP AND ASK FOLKS THAT MAY SPEAK, UH, OPPOSED FIRST.
UM, SECOND, WE'LL ASK FOR THE FOLKS IN FAVOR, AND THEN THE APPLICANT WILL HAVE A REBUTTAL PERIOD AFTERWARDS, WHICH WE'LL HAVE TIME AND LIMIT TO IT.
UM, THE BOARD WILL WORK AFTER STAFF, UH, PRESENTS ALSO, AND WE'LL KIND OF TAKE OUR TIME AND MOVE ON THROUGH.
[Additional Item]
IS FROM OUR MEETING.UM, LET'S SEE WHAT OUR DATE WAS.
2 22 OF 2024 BOARD OF ADJUSTMENT.
AND IT'S IN REFERENCE TO SPECIAL USE PERMIT NUMBER SUP DASH 0 0 2 8 2 4 2 0 2 4.
UM, HAS THE BOARD HAVE AN OPPORTUNITY TO READ THROUGH OUR DECISION FROM THE LAST MEETING? YES.
DO WE HAVE ANY DISCUSSION? DO WE HAVE A MOTION? OH, YEAH.
UM, I THINK THE ONLY THING, REAL QUICK DISCUSSION, THE ONLY THING UNDER CONCLUSION AND DECISION PAGE TWO, I THINK WE TALKED ABOUT THIS FOLLOWING CONDITIONS, JUST TO NOTE THAT IT'S TWO CONDITIONS AND S BUT I THINK, UM, THAT'S THE ONLY CHANGE I WOULD SEE.
AND SO WITH THAT, I WOULD MOVE TO APPROVE THE SPECIAL USE PERMIT DECISION AS PRESENTED WITH THAT CHANGE.
I CAN, I CAN MAKE THAT CHANGE AND, UH, MAKE SURE THAT THAT GETS CORRECTED FROM THANKS TYPE OF GRAPHICAL POINT.
OKAY, WE HAVE A MOTION A SECOND.
IS THERE ANY DISCUSSION? ALL IN FAVOR A.
[V. SPECIAL USE APPLICATION]
GOOD EVENING EVERYONE.AND THANK YOU FOR ATTENDING TONIGHT'S BOARD ADJUSTMENT MEETING.
UM, BEFORE I PRESENT THE AGENDA ITEM TONIGHT, I'D LIKE TO JUST GO AHEAD AND GIVE A BRIEF, UH, OVERVIEW OF OUR SPECIAL USE PERMIT PROCESS.
SO THIS, AS THE CHAIRMAN HAS, UH, STATED, THIS IS A QUASI-JUDICIAL HEARING WHERE MOST USES ARE PERMITTED BY WRIGHT.
THERE ARE SOME USES THAT REQUIRE A SPECIAL USE PERMIT.
UM, THE BOARD ACTUALLY HAS THE TASK TO MAKE THE, OR EXCUSE ME, BASED THEIR DECISION ON THE FOUR, EXCUSE ME, SIX ELEMENTS THAT YOU SEE HERE ON THE SCREEN.
SO EACH ELEMENT HAS TO ACTUALLY RECEIVE AN APPROVAL PRIOR TO THE ISSUANCE OF A SPECIAL USE PERMIT.
AND, UH, JUST AS THE CHAIRMAN ALSO
[00:05:01]
REFERENCED, THERE ARE CONDITIONS THAT CAN BE IMPOSED BEYOND A ZONING REQUIREMENT IF THEY CHOOSE.SO, AND THOSE WOULD BE DISCUSSED, UM, PRIOR TO THE ISSUANCE OF THE ACTUAL PERMIT.
AND I'LL BEGIN WITH PRESENTING OUR FIRST ITEM FOR TONIGHT.
GOOD EVENING, MR. CHAIRMAN, AND TO THE BOARD.
SO FOR TONIGHT, OUR ONLY ITEM ACTUALLY FOR THE NIGHT IS, UH, CS AND KATE'S MULTIFAMILY RESIDENCE.
THIS IS SPECIAL USE PERMIT 0 0 2 8 4 6 DASH 2 0 2 4.
THE LOCATION IS WASHINGTON POST ROAD, UM, FOR SHORT NORTH CAROLINA HIGHWAY 43.
AND THE PROPOSED USE IS A MULTIFAMILY RESIDENCE.
THE REQUEST SUMMARY HERE, THE APPLICANT IS NOOSE LANDINGS, LLC, THE OWNER IS TIMBERLAND'S EAST, LLC.
THE TOTAL ACREAGE, GIVE OR TAKE, IS 29 AC ACRES OR 29.01 ACRES.
THE PARCEL IDENTIFICATION IS EIGHT DASH TWO 16 DASH 7 0 4, AND THE ZONING DISTRICT IS RESIDENTIAL EIGHT OR R DASH EIGHT FOR SHORT.
UM, THE PROPOSED USE AGAIN IS MULTI-FAMILY RESIDENCE, AND THE PROPOSED UNIT COUNT IS 288 RESIDENTIAL UNITS.
FIRST WE HAVE A VICINITY MAP FOR THE ACTUAL PROPERTY, SO HIGHLIGHTED IN RED THERE.
UM, YOU WILL SEE THAT THAT IS THE PROPERTY IN QUESTION THAT'S FOLLOWED BY AERIAL VIEW PICTURE, UM, JUST SHOWING SOME OF WHAT'S THERE PHYSICALLY.
UH, THIS IS A 2021 AERIAL, SO BEAR WITH IT SLIGHTLY.
AND THAT'S FOLLOWED BY A ZONING AERIAL JUST TO DISTINGUISH THE DIFFERENT DISTRICTS THAT ARE SURROUNDING AND CURRENT.
UM, AND AGAIN, THAT R DASH EIGHT IS REFLECTED.
AND LASTLY, THIS IS THE BUFFER MAP, WHICH SHOWS THE BUFFER THAT WAS TAKEN AROUND THE PROPERTY.
IN ACCORDANCE WITH OUR ORDINANCE, WE ARE REQUIRED TO NOTICE ESSENTIALLY WITHIN A HUNDRED FEET.
AND THAT BLUE AREA THAT YOU SEE THAT ENCOMPASSES THE PROPERTY, UM, HITS THE PROPERTIES THAT SHOULD HAVE BEEN, UH, NOTICED IN ACCORDANCE TO THE MAILING LIST THAT WAS GENERATED.
AND ADDITIONAL CONSIDERATIONS, UM, THE TRAFFIC IMPACT ANALYSIS OR TIA WAS NOT REQUIRED BY ANY DEPARTMENT FOR THIS ITEM.
UH, IT IS NOT A REQUIREMENT, JUST SO THAT THE BOARD IS AWARE AND SECOND TO THAT, STAFF CAN CONFIRM THAT THE APPLICATION SUBMITTED WAS DEEMED COMPLETE.
UM, AND FOLLOWING TO THE NEXT SLIDE THERE, THE SITE PLAN HERE IS, UH, WHAT THE REVISED PLAN CAME IN, WHICH ADDRESSED ALL OF THE DRC COMMENTS THAT WERE, UH, ESSENTIALLY PROVIDED THROUGH THE ACTUAL DEPARTMENTAL REVIEW.
AND AT THIS TIME, IF THE BOARD HAS ANY QUESTIONS, I CAN TAKE THOSE.
NO, KEN, UH, KENDRICK, YOU SAID THIS, I'LL SEE IT ON HERE.
HOW MANY UNITS DID YOU SAY? 288.
WAS THERE ANY FURTHER INFORMATION PROVIDED UP ON THE, THE SIZE NUMBER OF BEDROOMS OR ANYTHING LIKE THAT? NOT THAT I, UH, RECEIVED IN TERMS OF, UH, OKAY.
GOOD QUESTION FOR THE APPLICANT IF, IF NEED BE.
AND KENDRICK, I ASSUME THERE'LL BE MORE INFORMATION CONCERNING THE BUFFER THAT'S LISTED ON THERE? YES, ABSOLUTELY.
IF YOU WOULD LIKE TO HEAR MORE THERE.
THEY'VE ACTUALLY GOT A PRESENTATION, WHICH I WAS GONNA KIND OF BREAK INTO.
THAT'S WHAT I FIGURED THE APPLICANT WILL ACTUALLY PROCEED AND KIND OF ELABORATE MORE ON THAT.
BUT IN TERMS OF THE REQUIREMENTS FOR OUR LAND USE ORDINANCE, THEY HAVE ADDRESSED AND MET THOSE REQUIREMENTS FROM THE BUFFERING PERSPECTIVE.
DO WE HAVE ANY ADDITIONAL COMMENTS? YEAH, THANK YOU.
MR. CHAIR, BEFORE WE GO TOO FAR, UM, I, I THINK BECAUSE THIS IS A QUASI-JUDICIAL HEARING, WE NEED TO SWEAR IN ALL POTENTIAL SPEAKERS.
SO THIS MAY BE AN OPPORTUNITY TO DO SO.
SO AT THIS TIME, WE WOULD LIKE ANYBODY WHO IS GOING TO SPEAK, UH, TO STAND UP AND WE'RE GONNA SWEAR YOU ALL IN.
OKAY? SO DO YOU ALL SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU,
[00:10:08]
SIR.WILL YOU BE REPRESENTING THE APPLICANT? YES.
CHAIRMAN TAK AND MEMBERS OF THE BOARD.
UM, AS YOU KNOW, MY NAME IS ERIC REMINGTON.
I'M WITH THE LAW FIRM OF WARDEN SMITH HERE IN NEW BERN, AND I'M GONNA BE REPRESENTING THE APPLICANT NEWS LANDINGS, LLC TONIGHT.
I DO HAVE A BINDER OF MATERIALS THAT I WOULD LIKE TO HAND UP, SO I'M GONNA HAND THOSE OUT REALLY QUICKLY.
I HAVE WITH ME TONIGHT, UH, SEVERAL PEOPLE THAT ARE GONNA HELP ME PRESENT THE INFORMATION FOR THE APPLICANT, UH, NEWS LANDINGS.
AND I'D LIKE TO INTRODUCE THOSE PEOPLE FIRST.
UH, WE HAVE JOHN TAYLOR, WHO'S HERE.
HE ACTUALLY IS WITH TIMBERLANDS EAST, LLC, WHICH IS THE OWNER OF THE PROPERTY.
I'D LIKE TO, I'M GONNA CALL HIM UP FIRST, UH, WHEN WE GET TO THE SPEAKERS SO THAT HE CAN SPEAK BECAUSE HE'S GOT ANOTHER COMMITMENT TONIGHT AND, AND WE'LL GET HIM IN AND OUT.
UM, THEN I'VE GOT, UH, LOFTY SMITH AND GREG FELDMAN, WHO ARE HERE WITH, WITH NURSE NEL, AND THEY ARE THE ENGINEERS ON THE PROJECT.
I HAVE CASEY KING, WHO IS WITH C AND KATES, WHO IS, UH, THE DEVELOPER OF THE PROJECT, COLE DAGGER HART, WHO IS, UH, BACK BEHIND THEM IS THE, UH, TRAFFIC ENGINEER THAT'S GONNA TALK ABOUT TRAFFIC, EVEN THOUGH A TIA WAS NOT REQUIRED IN THIS CASE.
AND THEN WE'VE GOT HUNTER HOWELL, WHO IS, UH, GONNA TALK ABOUT IMPACT ON VALUES.
UM, I'M GONNA START AND, UH, GO THROUGH THE BINDER, UH, SO THAT Y'ALL CAN BE FAMILIAR WITH THAT.
UM, THE BINDER HAS EIGHT TABS ON IT.
UH, THE FIRST ONE IS BASICALLY OUR APPLICATION.
UH, SO YOU HAVE A COMPLETE COPY OF OUR APPLICATION IN THERE.
UH, THE SECOND TAB IS THE DEPARTMENTAL SITE REVIEW APPLICATION THAT WAS SUBMITTED ALONG WITH THE SPECIAL USE PERMIT APPLICATION.
UH, AS KENDRICK SAID, THE, UH, APPLICATION HAS GONE THROUGH THE DRC REVIEW PROCESS, AND WE'LL TALK A LITTLE BIT ABOUT THAT.
UH, YOU KNOW, THEY GAVE COMMENTS, WE RESPONDED, MADE CHANGES TO THE PLANS AND THINGS LIKE THAT.
AND WE'VE MET ALL OF THE DRC REQUIREMENTS.
THOSE ARE ACTUALLY, I'VE PUT SOME, UH, COPIES OF RESPONSES AND, AND THE, UH, THEIR COMMENTS, OUR RESPONSES AND THINGS LIKE THAT BEHIND TAB THREE SO THAT YOU CAN SEE THOSE IF YOU WANT TO.
UM, TAB FOUR IS OUR POWERPOINT PRESENTATION, WHICH I'M GONNA GO THROUGH TONIGHT WITH THE OTHER, UH, SPEAKERS.
TAB FIVE IS, UH, OUR TRAFFIC INFORMATION, BUT IF THERE'S NOT A TRAFFIC IMPACT ANALYSIS BE REPORT BECAUSE ONE WAS NOT REQUIRED.
BUT WE DO HAVE SOME INFORMATION ON TRAFFIC IMPACT.
AND THEN SIX IS THE VALUATION REPORT FROM OUR, FROM MR. HOWELL.
UM, SEVEN IS THE CAME LAND USE, UM, CONSISTENCY STATEMENTS AND, UH, A CHART LIKE I'VE DONE IN THE PAST FOR YOU ALL TO SHOW YOU HOW IT'S CONSISTENT WITH THE, UM, WITH THE, UH, LAND USE ORDINANCES.
AND THEN EIGHT IS OUR PROFESSIONAL RESUMES FOR THE PEOPLE WHO WILL BE SPEAKING.
UM, AND I WOULD ASK THAT THIS BINDER, UH, OF MATERIALS PLUS THE POWERPOINT PRESENTATION BE ADMITTED AS EVIDENCE IN SUPPORT OF THE APPLICATION.
SO, UH, KENDRICK AND, UH, AND HIS STAFF REPORT INTRODUCED YOU TO THE SITE.
UM, YOU KNOW, THAT'S THE, AN OVERVIEW AERIAL PHOTOGRAPH, WHICH SHOWS THE SITE AND THE LAND THAT'S AROUND IT.
UM, THE SITE IS 28.9 ACRES IN SIZE, AND WE WON'T SPEND MUCH TIME ON ON THAT, BUT, OKAY.
THE NEXT ONE, UH, JUST SHOWS THE R EIGHT ZONING DISTRICT.
AND THE FIRST ONE OF THE CRITERIA THAT YOU ALL HAVE TO, UH, DETERMINE IS, IS THE APPLICATION COMPLETE.
KENDRICK HAS TESTIFIED AND, AND SHOWN YOU THAT THEY, UH, STAFF HAS FOUND THAT IT WAS COMPLETE.
UM, BUT THE SECOND ONE IS, IS, IS IS IT PERMISSIBLE IN THE ZONING DISTRICT? AND THIS SHOWS YOU THE, UH, ACTUAL REPRINT OF THE CHART OF ZONING DISTRICTS FROM THE ORDINANCE AND SHOWS THE R EIGHT CATEGORY AND HOW THE, UM, MULTI-FAMILY RESIDENTIAL USE IS ALLOWED AS A SPECIAL USE
[00:15:01]
IN THIS IN THIS DISTRICT.NOW, WHAT I'D LIKE TO DO IS I'D LIKE TO HAVE CASEY KING COME UP FROM CS AND KATES, AND SHE'S GONNA TELL YOU A LITTLE BIT ABOUT CS AND KATES, WHO'S THE DEVELOPER ON THE PROJECT.
HI EVERYONE, I'M CASEY KING, AND I'M HERE AS THE REPRESENTATIVE FOR CS AND KATES.
AND I JUST WANTED TO GIVE YOU GUYS A LITTLE BIT OF BACKGROUND ON US AS A COMPANY.
CS AND KATE'S WAS ESTABLISHED BY OUR OWNERS, WATSON C AND CHRIS KATES IN 1999 IN FAYETTEVILLE, NORTH CAROLINA, WHERE WE'RE STILL HEADQUARTERED AT TODAY.
UM, WE STARTED OUT AS A SINGLE FAMILY HOME BUILDER AND THEN VENTURED INTO THE MULTIFAMILY DIVISION IN THE EARLY TWO THOUSANDS.
OVER THE LAST 20 YEARS, OUR MULTIFAMILY DIVISION HAS COMPLETED 3000 APARTMENT UNITS ACROSS 15 DIFFERENT COMMUNITIES.
WE PRIMARILY DEVELOP IN THE EASTERN PART OF NORTH CAROLINA, INCLUDING FAYETTEVILLE, SOUTHERN PINES, CLAYTON KNIGHTDALE, AND GREENVILLE.
AND WE HAVE TWO FUTURE COMMUNITIES COMING TO WILSON AND GOLDSBORO.
WE'VE ALSO BUILT A COMMUNITY IN MYRTLE BEACH AS WELL AS WE'RE A SITE WORK.
WE'RE CURRENTLY IN THE SITE WORK PHASE OF A COMMUNITY IN FLORENCE, SOUTH CAROLINA.
I'VE WORKED AT C AND KATE'S FOR THE LAST 12 YEARS AND EXPANDED MY ROLE INTO OUR MULTIFAMILY DIVISION ABOUT SIX YEARS AGO.
SINCE THEN, I'VE ASSISTED, UM, FROM START TO FINISH ON SEVEN COMMUNITIES.
AND OVER THE YEARS I'VE REALIZED THAT ONE OF OUR STRENGTHS AS A COMPANY IS THAT WE ARE A SELF DEVELOPER AND ACT AS OUR OWN GENERAL CONTRACTOR.
UM, THIS ALLOWS US TO PUT, TO BE A PART OF ALL THE PHASES AS WELL AS EVERYTHING THAT GOES THROUGHOUT THE WHOLE PROCESS OF THE COMMUNITY.
WE ALSO BUILD TO HOLD OUR COMMUNITIES AND HAVE A STRONG RELATIONSHIP WITH OUR MANAGEMENT COMPANY, HAWTHORNE RESIDENTIAL, WHO MANAGES OUR WHOLE PORTFOLIO.
BOTH OF THESE ASPECTS, BEING OUR OWN GENERAL CONTRACTOR AS WELL AS BUILDING TO HOLD OUR PROPERTIES ENSURES THAT THE QUALITY AND THOUGHTFULNESS GOES IN THROUGHOUT THE WHOLE ENTIRE PROCESS FROM OUR SITE DESIGN, WHICH YOU'LL SEE AS WE GO THROUGH THE PRESENTATION, AS WELL AS THE AMENITIES THAT WE PUT IN EACH OF OUR COMMUNITIES FOR OUR RESIDENTS, INCLUDING POOLS, DOG PARKS, WALKING PAST DETACHED GARAGES, AS WELL AS THE FINISHES THAT WE ALSO INCLUDE IN OUR UNITS, INCLUDING NINE FOOT CEILINGS, GRANITE COUNTERTOPS, AND WELL, UM, ROOMY UNITS WITHIN THE APARTMENTS.
SO THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION AS WE PRESENT OUR PROJECT TO YOU GUYS TONIGHT AND HOPE TO JOIN THE NEW BERN COMMUNITY.
I HAD INTENDED TO CALL, AS I SAID, I WAS GONNA CALL, UH, JOHN TAYLOR, WHO'S A REPRESENTATIVE, THE OWNER, SO THAT HE CAN, UH, LEAVE EARLY.
I'M GONNA GO AHEAD AND CALL HIM UP HERE NOW.
UH, LIKE ERIC SAID, I'M JOHN TAYLOR.
I REPRESENT, UH, THE OWNERSHIP, UH, TIMBERLANDS EAST LLC THAT OWNS THE PROPERTY.
WE'VE, UH, OWNED IT FOR 10 OR 15 YEARS.
I DON'T KNOW EXACTLY, BUT, UH, I, UH, I HAVEN'T MET THESE FOLKS OVER HERE, THE BUYER YET, BUT OUR AGENTS IN OUR OFFICE ARE DEALING WITH 'EM.
AND WHEN WE, JUST TO TOUT THEM, UM, WHEN WE SELECT SOMEONE, YOU KNOW, JUST 'CAUSE SOMEONE CAN COME UP AND BUY A PIECE OF PROPERTY OR WANTS TO, DOESN'T MEAN THEY HAVE THE ABILITY TO.
WE'VE VET PEOPLE LIKE THAT BEFORE WE EVER SIGN THE DOTTED LINE AND, UH, UH, YOU KNOW, TO MAKE SURE IT'S WORTH OUR TROUBLE.
AND ALSO THAT TELLS US THAT THEY CAN AND, AND SHOULD, I HOPE WOULD GIVE YOU SOME REASSURANCE THAT THEY CAN, THEY CAN GO THROUGH AND, AND DEVELOP THE PROPERTY AND FINISH THE JOB A LOT.
SOME PEOPLE, YOU KNOW, GET IN THERE HALFWAY AND IT STAYS THERE, UN UN UNFINISHED FOR A WHILE.
UM, AND I'D LIKE TO POINT OUT, UM, THIS IS A, A SPECIAL USE APPLICATION AS YOU KNOW, FOR 288 UNITS.
UM, WHEN WE BOUGHT THE PROPERTY, THERE WAS ALREADY A, UH, PREVIOUS SPECIAL USE PERMIT.
YOU KNOW, OBVIOUSLY THE PROPERTY DIDN'T GET BUILT BECAUSE IT'S STILL, YOU KNOW, YOU KNOW, IN, UH, RAW LAND.
IT WAS APPROVED BY THIS BOARD, DIFFERENT PEOPLE FOR 312 UNITS, I BELIEVE IT WAS.
AND IT EXPIRED PROBABLY 15 YEARS AGO.
BUT ANYWAY, IT HAD GONE THROUGH THE RINGER BACK THEN.
UM, UM, WE'RE DEVELOPERS OURSELVES HAVE BEEN AROUND CRAVEN COUNTY.
I'M FROM HERE, UH, FOR 30 YEARS.
SO WE LOOK AT PEOPLE LIKE THIS AND LOOK AT THE KIND OF PRODUCT THEY, UH, DEVELOP TO SEE IF IT'S SOMETHING THAT WE WOULD WANT IN OUR COMMUNITY WHERE WE LIVE.
UM, SO ANYWAY, WE, WE THINK SO, AND WE'RE IN FAVOR OF THE PROJECT.
UNLESS ANYBODY HAD ANY QUESTIONS, I STILL HAVE TIME LEFT AS A PRESENTATION.
OUR NEXT SPEAKER, UH, IS GONNA BE REPRESENTATIVES OF WITHERS RAVENAL,
[00:20:01]
AND THAT'S GONNA BE GREG FELDMAN AND LOFTY SMITH.UH, AND THEY'RE GONNA TALK ABOUT THE SITE PLAN AND ANSWER SOME OF THE QUESTIONS LIKE MR. DUFFY'S QUESTION ABOUT, UH, NUMBER OF BEDROOMS AND THINGS LIKE THAT.
I WORK FOR WITHERS RAVENEL, 1 3 7 SOUTH WILMINGTON STREET, RALEIGH.
UM, AS YOU CAN SEE ON THE SCREEN, THIS IS THE SITE PLAN.
UH, THE TO, TO THE BOTTOM OF THE SCREEN WOULD BE, UH, WASHINGTON POST OR NC 43.
AND TO THE, UH, TO THE RIGHT WOULD BE A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD, AS WELL AS TO THE LEFT.
THE FRONT LEFT CORNER IS A CONVENIENCE STORE, AND THEN VACANT PROPERTIES TO THE BOTTOM OF THE PAGE.
AND AT THE TOP OF THE PAGE WILL BE THE NEW RIVER AND OR, UH, CITY LAND.
WE ARE PROPOSING 12 MULTI-FAMILY RESIDENTIAL BUILDINGS, 24 UNITS EACH, UH, THREE STORIES WITH GARAGES, OBVIOUSLY, UH, PARKING TO MEET THE ORDINANCE, UH, A CLUBHOUSE AND, UM, OTHER AMENITIES WITHIN THE SITE, SUCH AS A, YOU KNOW, CLUBHOUSE, FULL HOUSE GRILLING GAZEBO FOR THE, FOR THE RESIDENCE USE.
UH, ON THIS PLAN, YOU'LL SEE WE HAVE A FAIRLY HEALTHY SEPARATION FROM THE SINGLE FAMILY RESIDENTIAL TO THE RIGHT, AND NOT QUITE AS MUCH, BUT MORE THAN REQUIRED BY YOUR CODE TO THE LEFT IS SEPARATION AND BUFFERS FROM THE, UH, SINGLE FAMILY RESIDENCES THERE.
UH, WE SUBMITTED THE SITE PLAN AS WELL AS UTILITY PLANS, STORMWATER PLANS, LANDSCAPING PLAN TO YOUR STAFF.
WE RECEIVED COMMENTS FROM YOUR DEVELOPMENT REVIEW COMMITTEE.
WE ADDRESSED THOSE COMMENTS AND RESUBMITTED.
UM, WE BELIEVE THE PLAN WOULD BE AS DEVELOPED IF DEVELOPERS PROPOSED WOULD BE IN COMPLIANCE WITH ALL OF THE CITY ORDINANCES AS WELL AS STATE REGULATIONS WHERE THERE WILL BE AFTER, IF, IF YOU APPROVE US TONIGHT.
UM, WE OBVIOUSLY WOULD GO INTO CONSTRUCTION DRAWINGS THAT REQUIRED PERMITS FOR, FOR THE STORM WATER, FOR THE WATER EXTENSIONS, FOR THE SANITARY SEWER, UH, LANDSCAPING, LIGHTING, ALL OF THOSE THINGS.
SO THERE'D BE ANOTHER STEP TO THIS PROCESS.
OBVIOUSLY THIS IS A, A PLAN THAT SHOWS, UH, THE GREEN SPACE, THE BUILDINGS, THE PARKING ON SITE.
UH, HERE AGAIN TO THE LEFT WE HAVE A REQUIRED A 10 FOOT WIDE BUFFER.
UH, WE HAVE EXCEEDED THAT BUFFER.
UH, WE HAVE, UH, OTHER, OTHER BUFFERS AROUND THE SITE.
WE MEET OR EXCEED THE REQUIRED PLANTING AREAS OF, UM, LET'S SEE, 4.6 ACRES I BELIEVE IS REQUIRED.
AND WE ARE AT 5.5 TOTAL PLANTED AREAS PER, PER THIS SLIDE.
AND WE WILL VE WE WILL TRY TO MAINTAIN AS MUCH EXISTING VEGETATION AS POSSIBLE AROUND THE PERIMETER OF THE SITE WHEN IT IS, WHEN IT IS VIABLE, AND 'CAUSE WE BELIEVE THAT THAT MATURE, UH, PLANTINGS AND VEGETATION IS BETTER THAN REPLANTING.
UH, SO THE SITE IS, IS WOODED.
UH, SOME AREAS ARE VERY THICKLY, UM, UH, DENSE SPINE, BUT THEY'RE VERY SPINDLY THAT WE OR MAY OR MAY NOT BE ABLE TO SAVE THOSE.
YOU MAY NOT WANT US TO SAVE THOSE.
UM, SO AS IN SUMMARY, THERE ARE 12, UH, MULTIFAMILY BUILDINGS, 288 UNITS TOTAL.
THOSE UNITS ARE ALLOWED IN THE RH ZONING, AND WE MEET YOUR DENSITY REQUIREMENTS.
UH, 72 1 BEDROOM UNITS, 182 BEDROOM UNITS, 36 3 BEDROOM UNITS, 10 DETACHED GARAGES, UH, COMMUNITY CLUBHOUSE WITH POOL AND ACCESSORY STRUCTURES.
THE PARKING REQUIRED BY YOUR CODE IS 546 SPACES.
UM, THERE, THE MINIMUM PLANTING AREA IS 4.3 ACRES.
WE ARE PRO, PRO PROPOSING 5.5 ACRES, UH, AND OUR STORM WATER AND RO CONTROL MEASURES WILL MEET ALL CITY AND N-C-D-E-U REQUIREMENTS, AS WELL AS FORT WATER AND SANITARY SEWER EXTENSION IS MY OPINION AS A CIVIL ENGINEER IN THE STATE OF NORTH CAROLINA, UM, REGISTERED PROFESSIONAL ENGINEER THAT IF THE SITE IS DEVELOPED AS PROPOSED, IT WILL, WILL NOT ENDANGER THE PUBLIC HEALTH AND SAFETY.
HAVE ANY QUESTIONS, MR. CHAIRMAN? YES, I HAVE A QUESTION.
UH, ARE THE 1, 2, 3 BEDROOM UNITS IN DIFFERENT BUILDINGS OR ARE THERE, THAT'S A GOOD QUESTION.
ONE TYPE WILL STRICTLY HAVE TWO BEDROOM, UH, UNITS WITHIN IT.
AND THE, AND THE SECOND TYPE WILL HAVE ONE, TWOS AND THREES.
AND THEY ARE BASICALLY HOPSCOTCH, YOU KNOW, A TWO BEDROOM, ALL TWO BEDROOM BUILDING, AND THEN A 1, 2, 3, AND THEN A TWO BEDROOM, THEN A 1, 2, 3.
SO THEY'RE, THEY'RE BLENDED WITHIN THE, THE SITE.
AND ARE THEY ALL ON ONE, THE THREE BEDROOM APARTMENT UNIT? IS IT ON ONE FLOOR AND THEN A SECOND FLOOR WOULD BE A DIFFERENT NO, IT WOULD BE, THE THREE BEDROOM WOULD BE IN THE, THE CORNER OF THE BUILDINGS THAT THEY'RE IN.
AND THE BE ON ON ALL THREE FLOORS.
AND ONE MORE QUESTION, THE 10 DETACHED GARAGE BUILDINGS,
[00:25:01]
HOW MANY CARS DOES THAT HOLD? UH, THOSE ARE FIVE H.SEE, I'VE GOT A QUESTION ON THE SITE PLAN THAT'S ILLUSTRATED.
THE ONE THAT WAS COLORED, IT ACTUALLY SHOWS A DOTTED LINE THAT, UM, HEADS OVER, UH, TOWARDS, I GUESS IT'S WOODLAND DRIVE.
UM, I'M, BUT IT DOESN'T SHOW A ROAD ON ANY OF THE OTHER MAPS, BUT I'M ASSUMING THAT'S JUST THE BURIED RIGHT OF WAY FOR A SEWER LINE THAT EXTENDS OFF EXISTING SOURCE STRUCTURE.
I'M SORRY, WHICH, WHICH PART OF THE MOUNT? UM, IN THE TWO THROUGH THE 2.2 ACRES OF OPEN SPACE, THERE'S OH, YES.
THE DOTTED LINE, GETTING TO THE NORTH AND EASEMENT.
THERE WE WOULD, WE WOULD HAVE TO BUILD A SEWER LINE THROUGH THAT AREA.
THE PROPOSED SEWER LINE AND THE, THE 20 FOOT EASEMENT OR A 20 FOOT SWATH, SO LET'S SAY IT'S AN EASEMENT, UM, IS NOT INCLUDED IN THE 2.2 AC ACRES OF OPEN SPACE.
AND IT WON'T BE A TRAVEL CORRIDOR, IT JUST BEFORE THE SEWER LINE, SIR? NO, SIR.
STRICTLY IT'S SEWER AND WE HAVE OUR STORMWATER DEVICE IN THERE AND THERE ARE ALSO SOME, SOME WETLANDS IN THAT AREA, WHICH WE ARE AVOIDING WITH THAT SEWER LINE.
SO SOMETHING THAT I, I DID NOT ADDRESS EARLIER WITH THE SITE PLAN IS WE ARE EXTENDING A PUBLIC ROAD.
THERE'S AN EXISTING RIGHT OF WAY TO THE LOWER RIGHT OF THE PAGE.
WE ARE EXTENDING A PUBLIC ROAD TO PROVIDE OUR SECOND ACCESS TO THE SITE FOR, YOU KNOW, FOR PUBLIC ACCESS AND FOR EMERGENCY REASONS.
WE, UM, AND WE ARE THE EXISTING OR THE PROPOSED, UM, ACCESS ALONG WASHINGTON POST IS ALREADY PART OF IT'S ALREADY BUILT.
THERE'S A STUB THERE OF ABOUT 40 OR 50 FEET.
WE WOULD BE EXTENDING THAT INTO THE SITE FROM ACROSS THE EXISTING VACANT PROPERTIES.
SO ON THAT, SO, SO ULTIMATELY WILL ALL THE TRAFFIC, UM, LEAVING, UM, BE COMING DOWN ON WASHINGTON POST ROAD AND THEN ULTIMATELY ON HONEYCUTT AND THEN OUT ONTO WHEREVER THEY'RE GOING ON 55? THE OUR TRAFFIC EXPERT IS HERE.
I I, I, I DO DESIGN ROADWAYS AND AS I SAID, WATER SEWER STORM, UH, IT, IT'S MY BELIEF THAT THE MAJORITY OF THE TRAFFIC WOULD GO DIRECTLY TO WASHINGTON POST, NOT THROUGH THE NEIGHBORHOOD, SIMPLY BECAUSE OF THE SORT SOME OUT OF A SECURUS ROUTE.
UM, AND I THINK HAVING BEEN TO THE SITE, I THINK THE ACCESS IS EASIER ON WASHINGTON POST DIRECTLY IN FRONT OF THE SITE.
DO WE HAVE ANY ADDITIONAL QUESTIONS? THANK YOU.
NOW GREG FELDMAN IS GONNA COME UP AND HE'S GONNA TALK A LITTLE BIT ABOUT THE, THE BUILDINGS THEMSELVES TO ANSWER SOME MORE OF, UH, MS. MARTY'S QUESTIONS.
GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD.
UM, MY NAME IS GREG FELDMAN, ALSO WITH WITHERS.
RAVENEL ADDRESS IS 1 37 SOUTH WILMINGTON STREET, RALEIGH, NORTH CAROLINA.
UM, AND THESE NEXT SIX SLIDES ARE, ARE INTENDED TO PROVIDE THE BOARD WITH EXAMPLES, UM, BOTH RENDERED AND REAL EXAMPLES FROM A RECENT CABINETS AND KATE'S DEVELOPMENT OF BOTH FRONT AND REAR ELEVATIONS.
UM, WE WILL ALSO HAVE EXAMPLE IMAGES OF THE PROPOSED CLUBHOUSE THAT WOULD BE LOCATED IN THE CENTER OF THIS DEVELOPMENT, AS YOU CAN SEE HERE, UM, THIS IS FOR OUR BUILDING TYPE ONE, THIS ELEVATION, AND AS WELL AS THE OTHER SHOULD BE INCLUDED IN THE BOARD'S PACKETS.
UM, BUT AS YOU MAY NOTE, MATERIALS ON THE FIRST FLOOR WILL CONSIST OF BRICK, UM, AND VINYL SIDING IN BOTH GRAY AND WHITE IN THIS PARTICULAR EXAMPLE, UM, ON THE SECOND AND THIRD FLOORS.
AND, AND HERE'S THAT EXAMPLE FROM A RECENT, UM, DEVELOPMENT.
THIS WOULD BE THE 9 0 4 WEST COMMUNITY IN GREENVILLE, NORTH CAROLINA, AND AN EXAMPLE OF OUR BUILDING TYPE TWO.
UM, ANOTHER MATERIAL TO NOTE, UH, BALCONIES HERE WOULD CONSIST OF ALUMINUM DECK RAILINGS, AGAIN WITH YOUR, UM, BRICK MATERIAL ON THE FIRST FLOOR AND VINYL ON YOUR SECOND AND THIRD, IT'D BE AN EXAMPLE OF THE CLUBHOUSE AT THAT 9 0 4 WEST COMMUNITY IN GREENVILLE.
UM, IF YOU CAN SEE THE PHOTOS AND MAKE THEM OUT AND THE RIGHT SIDE OF THIS SLIDE, UM, YOU HAVE YOUR SIDE ELEVATION ON TOP AS WELL AS THE REAR ON THE BOTTOM.
AND LASTLY, UM, HERE ARE PHOTOS OF A COMMUNITY THAT SOME OF YOU MAY BE FAMILIAR WITH THE COMMENT, WEST NEWBURN DEVELOPMENT, MULTIFAMILY DEVELOPMENT.
THIS SITE IS APPROXIMATELY A MILE AND A HALF SOUTH ON NC HIGHWAY 43, UM, FROM THE SUBJECT PROPERTY.
UM, AND AS YOU MAY NOTE, UM, MATERIALS ARE VERY SIMILAR AS THOSE THAT I, UM, JUST SHOWED THE BOARD AS EXAMPLES, UM, IN THE PREVIOUS SLIDES.
[00:30:01]
UH, CREATING COMPATIBLE DEVELOPMENT IN CLOSE PROXIMITY.I BELIEVE THAT WILL, UM, DO IT FOR MY PORTION OF THE PRESENTATION UNLESS THE BOARD HAS ANY QUESTIONS FOR US.
DO YOU, DO WE HAVE ANY QUESTIONS? COMMENT? YEAH.
I I WILL NOTE FOR THE BOARD THAT, UH, IF YOU NOTE IN OUR, UH, CONCEPT DRAWINGS, UH, RENDERINGS OF THE BUILDINGS, OURS ARE ONLY THREE STORIES HIGH, WHEREAS COMMENT WEST IS FOUR STORIES HIGH, SO IT'S A TALLER BUILDING, AND WE'D LIKE TO CALL UP, UH, COLEMAN, UH, DAG HART, WHO'S GONNA TALK ABOUT THE TRAFFIC, IF I CAN GET THE SLIDE TO CHANGE.
I'M COLE DAGGER HART WITH EXULT ENGINEERING TRAFFIC ENGINEER.
UM, AND WE PERFORM, UH, TRAFFICKED, UH, UH, A UH, TRIP GENERATION ANALYSIS FOR THE PROJECT, UH, FOR 288 DWELLING UNITS OF MULTIFAMILY HOUSING IN ACCORDANCE WITH THE ITE TRIP GENERATION MANUAL.
UH, THAT COMPUTES TO, UH, APPROXIMATELY 1,922 DAILY TRIPS, WHICH IS BELOW THE, THE THRESHOLD, UH, TYPICAL N-C-D-O-T THRESHOLD FOR A TRAFFIC IMPACT ANALYSIS, WHICH WAS NOT REQUIRED.
UH, AS MENTIONED PREVIOUSLY, UH, WASHINGTON POST ROAD AND NC 43 WILL SERVE AS THE MAIN ACCESS TO THE PROPERTY.
THERE ARE, THE SITE AMENITIES ARE AT THAT ENTRANCE.
IT'S A LITTLE MORE STRAIGHTFORWARD ACCESS.
UH, GIVEN THIS, WE EXPECT APPROXIMATELY 85% OF THE SITE TRIPS WILL USE, UH, THIS ACCESS.
UH, GIVEN THE NUMBER OF TRIPS, UH, COMING IN THIS ACCESS, IT DOES, UH, WARRANT TURN LANES.
UM, AND THERE IS EXISTING INFRASTRUCTURE IN PLACE ALONG NC 43.
THERE'S A TWO-WAY LEFT TURN LANE THAT WILL SERVE, UH, SOUTHBOUND LEFT TURNING TRIPS, AND THERE IS AN EXISTING, UH, NORTHBOUND RIGHT TURN LANE, UH, THAT, UH, SERVES THE GAS STATION AND CAN SERVE, UH, THE, THE DEVELOPMENT AS WELL.
SO, UH, FOR THE, UH, THE, UH, DRIVEWAY THAT CONNECTS TO HONEYCUTT COURT, THERE'S A NEGLIGIBLE INCREASE IN TRAFFIC EXPECTED, UH, FOR THAT ENTRANCE.
TAKE ANY QUESTIONS THAT YOU HAVE.
WHAT IS THE, I THINK YOU'VE SAID IT, BUT WHAT IS NC DOT'S REQUIREMENT FOR A TIA? IT'S 3000 TRIPS TODAY.
YES, I'VE GOT ONE, UH, CURIOSITY.
SO THE AM TRIPS ARE LISTED AS 112 AND THERE'S 288 UNITS, SO WE'RE NOT EVEN ASKING FOR ONE TRIP PER UNIT.
IT IS THERE A METHODOLOGY THAT ONE WOULD HAVE TO COME UP WITH THE ONE 12 TRIPS VERSUS ONE PER UNIT? SO THE, THE INSTITUTE OF TRAFFIC ENGINEERS THAT DEVELOPS THE TRIP GENERATION MANUAL, THEY, THEY TAKE A LOOK AT, UH, DEVELOPMENTS OF SIMILAR TYPE, UH, AND, UH, ACROSS THE COUNTRY AND, AND REALLY DO A STATISTICAL ANALYSIS TO EVALUATE, UH, WHAT ARE, WHAT ARE THE, THE AVERAGE NUMBER OF TRIPS THAT YOU CAN EXPECT ENTERING AND EXITING BASED ON REAL WORLD TRAFFIC COUNTS OF THOSE TYPES OF DEVELOPMENTS.
SO IT'S BASED ON, UH, STATISTICAL DATA OF DATA COLLECTED ACROSS THE COUNTRY AND IN RECENT YEARS.
DO WE HAVE ANY ADDITIONAL QUESTIONS, COMMENTS? THIS IS, I, I DON'T THINK, I DON'T THINK YOU'LL BE ABLE TO ANSWER THIS, BUT IT COMES UP IN YOUR, LOOKING AT THE SITE PLAN.
WE'RE TALKING ABOUT THESE TWO ENTRY POINTS, ONE OFF OF HONEYCUTT AND THEN ONE OFF OF DIRECT WASHINGTON POST ROAD, WHICH IS MY UNDERSTANDING IS WHAT YOU, YOU BELIEVE THE PRIMARY ENTRANCE AND EXIT WOULD BE FOR THE DEVELOPMENT, RIGHT? YES, SIR.
UM, AND I BELIEVE SOMEONE MENTIONED FROM THE ENGINEERING FIRM THAT THERE WAS A RIGHT OF WAY ACROSS THIS PROPERTY, A BUDDING WASHINGTON POST ROAD TO ACCESS.
DOES THE, IS THAT, DOES THERE EXIST A RIGHT OF WAY OR EASEMENT TO ACCESS THIS DEVELOPMENT, THIS PROPOSED DEVELOPMENT TO WASHINGTON POST ROAD THROUGH THIS PARTIAL HERE? LIKE I SAID, YOU MIGHT NOT KNOW THAT.
[00:35:03]
AND I'M SORRY THIS PROBABLY WAS BEST FOR THE ENGINEER, BUT THE SITE PLAN WAS UP WHILE WE'RE, WHILE WE'RE WAITING ON THAT THERE, IT'S, UH, GOOD QUESTION.UH, MR. FERGUSON, WE ACTUALLY HAVE THE OWNER OF THE PROPERTY HERE THAT, THAT ALSO OWNS THE COMMERCIAL PARCEL THAT OKAY.
THAT IS IN, THAT IS IN FRONT OF THE PROPERTY THAT IS BETWEEN IT AND WASHINGTON POST ROAD.
IS IT THE FIVE, FIVE AND A SOME CHANGE ACRE PIECE BETWEEN THE SUBJECT PROPERTY AND THE AND WASHINGTON POST ROAD? IS THAT, IS THAT THE, THE INGRESS EGRESS? IS THAT WHAT YOU'RE ASKING ABOUT? YES, SIR.
WE'RE, WE'RE OBLIGATED UNDER THE CONTRACT WITH THEM TO GRANT THEM AN EASEMENT OVER THE FIVE ACRE PIECE.
AND THEN, THAT WAS MY QUESTION.
SO JUST TO BE CLEAR, MAKE SURE EVERYONE HERE AND ON THE RECORD THAT, UM, YOU, AND REMIND ME YOUR NAME, I'M SORRY, JOHN TAYLOR.
MR. TAYLOR, YOU OWN THE PARCEL, UM, THAT IS, YOU SAID ABOUT FIVE ACRES BETWEEN WASHINGTON POST ROAD AND THE PROPOSED DEVELOPMENT SITE? CORRECT.
AND IT'S YOUR UNDERSTANDING THAT THE CONTRACT THAT YOU HAVE TO SELL THIS PARCEL TO THE DEVELOPER IS GOING TO INCLUDE A RIGHT OF WAY EASEMENT, UM, OVER THAT PARCEL IN ORDER FOR THE, UM, PROPOSED DEVELOPMENT TO HAVE ACCESS TO WASHINGTON POST ROAD, CORRECT.
PRETTY MUCH AS THE DRAWING SH AS THE SITE PLAN SHOWS.
AND, AND I'M ASSUMING, BUT I WANNA MAKE SURE I FOR THE RECORD'S CLEAR THAT YOUR, UH, EASEMENT WILL BE WIDE ENOUGH SUCH THAT THE ROAD WILL HA WILL, WILL MEET DOT STANDARDS FOR EMERGENCY VEHICLES.
I JUST, THEY, THEY, THE BUYER AGREED TO WHAT WE GRANTED THEM, UH, AND THEY MAKE HIM STEP UP AND ALRIGHT.
I WOULD ASSUME, AND YOU KNOW, WHAT YOU GET FROM ASSUMING THAT, THAT THEY DID THEIR HOMEWORK AND THAT'S ACCEPTABLE.
I BELIEVE IT'S 60 FEET, BUT I, I CAN'T SWEAR TO THAT RIGHT NOW.
I DON'T HAVE MY CONTRACT IN FRONT OF ME.
I, UH, I, NO, I'M SORRY FOR THE TRAFFIC.
I HAVE A QUESTION ALSO FOR THAT.
SO, UM, THERE'S REALLY NO OTHER USE OF HONEYCUTT OTHER THAN FOR THE EXISTING HOMES THAT ARE THERE, AM I CORRECT? THAT'S CORRECT.
SO HOW DO YOU COME TO THE CONCLUSION THAT ADDING TWICE AS MANY HOMES, WE'RE NOT GONNA TRIPLE THE NUMBER OF HOMES USING THAT.
HOW, HOW DO YOU COME TO THE CONCLUSION THAT THAT'S NEGLIGIBLE? UH, GIVEN THE, THE NUMBER OF TRIPS THAT WOULD BE, UH, ENTERING ON HONEYCUTT ROAD BASED ON, ON THE, THE TRIP DISTRIBUTION? IT'S, UH, IN THE, IN THE PM PEAK HOUR, UH, IT WOULD BE ABOUT ONE TRIP ENTERING EVERY FOUR TO FIVE MINUTES, ONE TRIP EXITING EVERY EIGHT MINUTES.
SO IT'S, UH, YOU'D STILL HAVE A SUBSTANTIAL INCREASE IN THE NUMBER OF CARS TRAVELING ON HONEYCUT ROAD, CORRECT.
UH, OVER WHAT'S THEIR AMOUNT PER, PERHAPS, BUT FROM A, FROM A TRAFFIC ANALYSIS CONGESTION SERVICING THE, THE FACILITY FROM A, FROM A TURN LANE PERSPECTIVE OR NUMBER OF VEHICLES, IT'S A, IT'S A VERY, UH, VERY LIGHT NUMBER OF VEHICLES ENTERING THE, THE ROAD COM COMPARATIVELY TO OTHER ROADS.
IT IN THAT ANALYSIS, IS THE ANALYSIS WHEN WE'RE TALKING ABOUT PEAK TRAFFIC AND DA OR DAILY TRIPS DURING PEAK TIMES, THE ASSUMPTION THAT MOST OF THE TRAFFIC IS COMING TO AND FROM THE DEVELOPMENT FROM THE WASHINGTON POST ROAD ENTRANCE, NOT THROUGH HONEYCUTT? THAT'S CORRECT.
AND E EVEN IF WE WERE TO INCREASE THE, EVEN IF YOU WERE TO INCREASE, I THINK MR. THE, THE CHAIR, MR. BECK MENTIONED THAT DURING THE PEAK TRIPS IN THE MORNING AND AFTERNOON, YOU HAVE 112 AND 144.
EVEN IF YOU WERE TO INCREASE THAT TO 2 88 BOTH WAYS ON THE AM PEAK AND PM PEAK, THAT THAT'S ONLY 320, YOU KNOW, ADDITIONAL TRIPS, WHICH STILL BRINGS YOU UNDER THE 3000 THRESHOLD FOR THE TIA UNDER N-C-D-O-T GUIDELINES.
UH, IF, IF YOU WERE TO INCREASE THE, SAY YOU WERE TO DO ONE TRIP PER DWELLING UNIT, UH, THAT WOULD BE 2,880 TRIPS PER DAY, YOU'D STILL BE UNDER THE THRESHOLD OF 3000.
[00:40:01]
BELIEVE WE HAVE YOUR RESUME IN THE BINDER THAT'S BEEN ADMITTED TO THE RECORD.I JUST WANT TO ASK KENDRICK A QUESTION.
IS IT POSSIBLE TO GO BACK AND, AND PUT THIS ERROR PHOTO UP? SURE.
WELL, UH, CHAIRMAN WENT THE MOST I CAN GET, IT'S PROBABLY GONNA BE ONE OF THESE MAPS THAT'S, UH, THE STAFF REPORT.
IT'S NOT SPECIFICALLY CALLED OUT FOR IN THE FINAL FORM.
IF, I THINK IF YOU GO BACK ONE, YOU'LL HAVE THE ONE THAT, OR MAYBE TWO.
I SAW IT GO BY RIGHT THERE, THERE IT'S, YEAH, THAT ONE WILL WORK.
I THINK MR. TAYLOR MAY BE THE BEST ONE TO ANSWER THIS QUESTION.
I KNOW IT CAME UP THAT THERE WAS AN EXISTING ACCESS ON THE PROPERTY AND ON THAT PHOTO WE CAN BARELY SEE A VERY LIGHT SPOT RIGHT.
AND I'M ASSUMING THAT THAT VERY LIGHT SPOT IS WHERE THE EXISTING POTENTIAL ACCESS OR TO USE IT MAY WILL GET EXTENDED IN 60 FEET ALL THE WAY ON THE, NO, WHAT NORTHWEST OF OUR OTHER FRONTAGE PIECE? YES, SIR.
UH, THAT WAY IT APPEARS TO BE A, A DR.
AND A PAVED DRIVEWAY RIGHT THERE, RIGHT NOW.
SO THAT'S, IS THAT, DOES THAT ANSWER YOUR QUESTION? YEAH.
GOT, BASICALLY, I WAS ASKING IF, UM, TO MAKE SURE THAT WE KNEW THAT THAT WAS WHERE THE DRIVEWAY WAS GONNA EXIST.
QUICK JUST TO MAKE SURE THAT, THAT EVERYBODY'S CLEAR AND IT'S CLEAR FOR THE RECORD ON THIS DRAWING, UH, THERE'S THE GAS STATION SHEETS, GAS STATION THERE, AND JUST BELOW THAT THERE'S A BRIGHT GREEN TRACT WITH THE, WHAT EVERYBODY'S TALKING ABOUT ON THIS IS THE BRIGHT, UH, GRAY AREA THAT EXTENDS FROM WASHINGTON POST ROAD JUST BELOW THAT GREEN AREA THAT IS THE, UH, CURB CUT AND ENTRANCEWAY TO THAT FIVE ACRE PARCEL, WHICH IS WHERE THE EASEMENT WILL BE.
I KNOW IT CAME UP IN DISCUSSION EARLIER, SO I WANTED TO MAKE SURE THAT WE WERE IN THE RIGHT PLACE.
AT THIS POINT, WE'RE GONNA HAVE, UH, HUNTER HOWELL WHO'S GONNA COME UP AND TALK ABOUT THE EVALUATION IMPACT.
MY OFFICE ADDRESS IS FOUR 12 EAST CHATHAM STREET, KERRY NORTH CAROLINA.
I'M A PROFESSIONAL REAL ESTATE APPRAISER AND I WORK WITH PARAMOUNT COMMERCIAL APPRAISERS, AND I'M LICENSED BY NORTH CAROLINA AS A STATE CERTIFIED GENERAL APPRAISER.
AND I, UH, I'M A MEMBER OF THE APPRAISAL INSTITUTE WORKING TOWARDS A NAI DESIGNATION, AND I'VE BEEN APPRAISING PROPERTIES THROUGHOUT NORTH CAROLINA FOR OVER 10 YEARS NOW.
UH, IN ADDITION TO APPRAISING, I HAVE ALSO TESTIFIED AT, UH, NUMEROUS QUASI-JUDICIAL HEARINGS AS AN EXPERT, UH, TO THIS, TO SIMILAR, UM, FACTORS THAT I'LL BE ADDRESSING HERE TONIGHT.
UH, SO MY ROLE IN THE THIS PROJECT WAS TO STUDY THE IMPACTS OF THE PROPOSED DEVELOPMENT TO VALUE OF ADJOINING, UH, PROPERTY AND WHETHER THE PROJECT IS IN HARMONY WITH THE AREA.
AND SO TO DO THIS, I PREPARE A REPORT IN WHICH I ANALYZE THE EFFECTS OF THE PROPOSED DEVELOPMENT ON THE SURROUNDING AREA.
AND MY REPORT CAN BE FOUND ON UNDER TAB SIX OF THE, UH, BINDER.
THE REPORT LOOKED AT, UH, MARKET DEMOGRAPHICS, THE SURROUNDING LAND USES AND INCLUDED A PAIRED SALES ANALYSIS.
IN ADDITION, I ALSO LOOKED AT OTHER DEVELOPMENTS AND COMPARABLE LOCATIONS IN ORDER TO DETERMINE THE EFFECTS OF THESE DEVELOPMENTS IN THE AREA IN WHICH THEY'RE LOCATED.
THE REPORT ANALYZED A ONE THREE AND FIVE MILE RADIUS LOOKING AT THE POPULATION HOUSING SUPPLY AND HOUSEHOLD, UH, INCOME DATA OVER THE LAST 10 YEARS WITH THE PRO PROJECTIONS OVER THE NEXT FIVE YEARS.
UH, THIS DATA IS ON PAGE THREE OF THE REPORT.
THE POPULATION WITHIN THE THREE MILE RADIUS IS EXPECTED TO REMAIN STABLE AND SEE A SLIGHT INCREASE OVER THIS NEXT FIVE YEAR PERIOD.
UH, AS MENTIONED, UH, THROUGHOUT TONIGHT, THE SITE IS CURRENTLY VACANT LAND LOCATED ALONG WASHINGTON POST ROAD WITH THE SURROUNDING PROPERTY USES, INCLUDING CONVENIENCE STORE, A SINGLE FAMILY RE SINGLE FAMILY RESIDENTIAL DWELLINGS, AND VACANT LAND.
IN GENERAL, HIGH DENSITY RESIDENTIAL USES USES ARE COMPATIBLE WITH THE SURROUNDING COMMERCIAL AND RESIDENTIAL USES.
UH, THIS HELPS CONCENTRATE LAND USES REDUCED SPRAWL AND PROMOTED AN EFFICIENT PATTERN OF LAND USES AND PUBLIC UTILITY SERVICES.
THE HIGHER INTENSITY OF THE PROPOSED RESIDENTIAL USE WILL SUPPORT THE COMMERCIAL USES WHILE THE SITE PLAN PROPOSES ADEQUATE BUFFERS AND TRANSITIONS
[00:45:01]
TO ENSURE, UH, THE USES OPERATE IN, IN A COHESIVE MANNER.UH, IN ADDITION TO RESEARCHING, RESEARCHING THE IMMEDIATE SURROUNDING USES, I LOOKED AT SIMILAR MULTIFAMILY DEVELOPMENTS IN THE LARGER MARKET OF NEW BERN.
UH, THIS IS ON PAGE FIVE OF THE REPORT.
WE RESEARCHED, UH, FIVE APARTMENT COMMUNITIES LOCATED IN AND AROUND NEW BERN.
THESE DEVELOPMENTS RANGED IN SIZE FROM 46 UNITS TO 312 UNITS WITH DENSITIES RANGING FROM 6.27 TO 27.18 UNITS PER ACRE.
AND BASED ON THESE STATISTICS, THE PROPOSED DEVELOPMENT, UH, ALLOWING 9.97 UNITS PER ACRE OF MULTIFAMILY UNITS IS REPRESENTED WELL BY THE EXISTING DEVELOPMENTS IN THE AREA.
UH, THEREFORE, BASED ON THE IMMEDIATE SURROUNDING USES, COUPLED WITH THE DENSITIES OF EXISTING MULTIFAMILY DEVELOPMENTS, THE PROPOSED DEVELOPMENT IS DETERMINED TO BE IN HARMONY WITH THE IMMEDIATE USES AND DEVELOPMENTS WITHIN THE MARKET.
UH, FURTHERMORE, IT IS COMMON FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENTS AND MULTIFAMILY DEVELOPMENTS TO BE LOCATED WITHIN THE SAME GENERAL AREA WITHIN A PARTICULAR MARKET.
UH, TYPICALLY THESE DEVELOPMENTS COINCIDE WELL TOGETHER, SPECIFICALLY WITHIN A STABLE MARKET THAT NEEDS ADDITIONAL, UH, RENTAL HOUSING TO SUPPORT THE EXISTING POPULATION.
HOWEVER, TO DEMONSTRATE THAT THE PROPOSED MULTIFAMILY DEVELOPMENT, UH, WILL NOT HAVE A NEGATIVE IMPACT ON THE, UH, SURROUNDING SINGLE FAMILY RESIDENTIAL DEVELOPMENTS.
WE HAVE SURVEYED, UH, TWO MULTIFAMILY DEVELOPMENTS LOCATED IN THE NEW BERN MARKET AND THE ADJACENT RESIDENTIAL VALUES RE RESPECTIVELY.
UH, THIS TYPE OF ANALYSIS IS REFERRED TO AS A PAIRED SALES ANALYSIS.
UH, THE TWO MULTIFAMILY DEVELOPMENTS ANALYZED WERE WINDSOR PARK APARTMENTS WITH THE ADJACENT, UH, SURREY DOWN SUBDIVISION AND WOODLAND CROSSING APARTMENTS WITH THE ADJACENT VILLAGE IN THE WOODS SUBDIVISION.
UH, THIS CAN BE FOUND ON PAGE SEVEN IN THE REPORT, UH, AND THE FINDINGS CAN BE FOUND ON, UH, THE, THE, UH, SLIDE ABOVE.
UH, THE PAIRED SALES ANALYSIS, UH, INCLUDED THE RESIDENTIAL HOME SALES DIRECTLY ADJACENT TO THESE MULTIFAMILY DEVELOPMENTS, ALONG WITH THE RESIDENTIAL SALES LOCATED ON THE OPPOSITE SIDE OF THE CORRESPONDING SUBDIVISIONS.
THE SAMPLING OF SALES OCCURRED DURING THE SAME TIME PERIOD, UH, WHICH LIMITED, UH, OUTSIDE INFLUENCES SUCH AS INFLATION.
UH, SO BASED ON MY FINDINGS, I FOUND NO MEASURABLE DIFFERENCES, UH, IN RESIDENTIAL HOME PRICES FROM THOSE LOCATED ADJACENT TO A MULTIFAMILY DEVELOPMENT TO THOSE LOCATED IN FURTHER PROXIMITY FROM A, UH, MULTIFAMILY DEVELOPMENT.
UH, SO THEREFORE, BASED ON MY REPORT AND ANALYSIS OF THIS PROPOSED DEVELOPMENT, I FOUND THAT THE PROPOSED USE WILL NOT INJURE THE VALUE OF THE ADJOINING AND ABUTTING LANDS AND WILL BE IN HARMONY, UH, WITH THE AREA.
DO WE HAVE ANY QUESTIONS IN COMMON? THANK YOU.
ALRIGHT, THAT BRINGS US BACK TO ME, UH, WHERE I'M GONNA TELL YOU ABOUT THE LAND USE PLAN AND ADOPTIVE PLAN CONFORMANCE.
UM, I'VE INCLUDED IN YOUR MATERIALS, UM, UH, SOME INFORMATION ABOUT THAT.
OBVIOUSLY, THIS AREA IS WITHIN THE NORTH CAROLINA 43 FOCUS AREA UNDER THE LAND USE PLAN.
UH, AS WE'VE MENTIONED BEFORE, THE POPULATION GROWTH IN THE AREA IS, UH, REPRESENTATIVE OF, OF THE TYPE OF PEOPLE THAT WOULD UTILIZE THESE TYPE OF APARTMENTS.
UH, THE MEDIAN AGE, UH, IN NEW BERN'S, 40.7 YEARS OLD, THERE'S A NEED FOR MULTIFAMILY HOUSING, UH, THAT'S EXPRESSED IN THE LAND USE PLANS.
UH, SINGLE FAMILY HOUSING IS PREDOMINANTLY THE CURRENT USE.
UH, BUT THERE ARE MAJOR EMPLOYERS THAT ARE LOCATED IN THE AREA, WHICH ARE OF COURSE BSH, HOME APPLIANCES, UH, CAROLINA EAST, WHICH IS RIGHT DOWN NEW AVENUE, UH, INTERNATIONAL PAPER, WHICH IS UP HIGHWAY 43, AND THEN MOEN, UH, WHICH IS DOWN ON HIGHWAY 70.
UM, SO, YOU KNOW, THIS IS IN A SITUATED IN A GOOD LOCATION, UH, FOR, TO SUPPORT THOSE EMPLOYERS.
AS YOU ALL HAVE HEARD, THE CURRENT ZONING OF THE PROPERTY IS R EIGHT AND THE, UM, AS WE SHOWED IN ONE OF THE FIRST SLIDES, THE SUP USE IS ALLOWED.
UH, MULTIFAMILY APARTMENTS ARE ALLOWED WITHIN THAT WITH A SPECIAL USE, AND THAT'S WHY WE'RE HERE TONIGHT.
UM, NO PORTIONS OF THE PROPERTY WERE WITHIN KIND OF ANY KIND OF SPECIAL FLOOD HAZARD AREAS.
THERE'S NO ENVIRONMENTAL RESTRICTIONS ON THIS AREA.
UH, THE, THE WATER AND SEWER IS AVAILABLE, AND OF COURSE, WAS, UH, LOOKED AT DURING THE ERC MEETINGS, UM, AND, AND CERTAINLY WOULD BE PART OF THE ADDITIONAL PERMITTING PROCESS THAT, THAT THIS PROJECT WILL GO THROUGH.
UH, AGAIN, IT'S, IT'S VERY CLOSE TO MAJOR ROADS, MAJOR EMPLOYERS AND EMERGENCY SERVICES.
UM, AND IT'S NOT WITHIN ANY KIND OF, UH,
[00:50:01]
FLOODING AREA, STORM SURGE AREA OR SEA LEVEL RISE AREA.UM, I'VE, AGAIN PUT TOGETHER A CHART FOR YOU ALL.
UH, AND BASICALLY THAT'S IN THE MATERIALS, UH, IN, AS PART OF THE, IT'S IN TWO PLACES.
IT'S IN, IN PART OF THE, UM, TAB WITH THE, UH, THE POWERPOINT PRESENTATION, BUT IT'S ALSO UNDER TAB SEVEN.
UM, AS YOU CAN SEE, UH, CONNECTIVITY AND TRAFFIC FLOW AND STORM WATER WILL COMPLY WITH, UH, THE REQUIREMENTS OF THE ORDINANCES AND WHATEVER DOT REQUIRES AS FAR AS DRIVEWAY PERMITTING AND THINGS LIKE THAT.
THE PROJECT WILL PRESERVE VEGETATIVE BUFFERS, AS YOU SAW, UH, IN ONE OF THE PREVIOUS SLIDES, AND WILL HAVE ATTRACTIVE LANDSCAPING.
A LANDSCAPING PLAN WAS INCLUDED AND YOU CAN SEE WHERE THERE'S TREES AND, AND THE TYPE OF TREES THAT WOULD BE, UH, PLANTED ALONG THE PROPERTY.
A TIA WAS NOT REQUIRED, UH, BUT THE PROJECT WILL COMPLY, UH, WITH DOT REGS.
UM, THE, UH, STORM WATER AND, AND TRAFFIC WILL COMPLY.
AND THEN ALSO INFRASTRUCTURE WILL BE INSTALLED DURING DEVELOPMENT.
UM, YOU KNOW, THEY, AGAIN, THEY HAVE TO GO THROUGH A SIGNIFICANT AMOUNT OF OTHER PERMITTING PROCESSES.
SITE'S GONNA HAVE ADEQUATE OFF STREET PARKING, UH, WHICH IS UNDER, UH, IF 1 1 1.
UH, THE DEVELOPER'S GONNA SUBMIT PLANS, UH, FOR APPROVAL, SHOWING ALL OF THAT INFRASTRUCTURE.
AND, AND THAT WILL HAVE TO GO THROUGH, YOU KNOW, RELATIVELY, UH, SIGNIFICANT, UM, PROCESS TO GET APPROVED.
THE SITE IS IN A UTILITY SERVICED AREA, UH, AS SHOWN ON THE MAPS, UH, FROM, FROM THE, UH, LAND USE PLAN.
THE SITE INCLUDES OPEN SPACE AREAS.
AS YOU SAW, THE INTERIOR IS GONNA BE A LARGE OPEN SPACE AREA.
AND THEN OF COURSE, THE BUFFERS THAT, ESPECIALLY AT 2.2 ACRE AREA, ARE GONNA BE OPEN SPACE, UM, AND WILL CREATE A SIGNIFICANT BUFFER BETWEEN THAT AND THE, THE HONEYCUT COURT COMMUNITY.
IT HAS ENVIRONMENTALLY FRIENDLY LANDSCAPING, UH, WHICH IS AGAIN GONNA PRESERVE THE VEGETATIVE BUFFERS.
UH, LIKE I SAID, IT'S NOT IN ANY FLOODING OR STORM HAZARD AREAS.
AND IT TARGETS SUITABLE DEVELOPMENT IN THE NORTH CAROLINA 43 AREA.
THE ONE OF THE LAND USE PLAN CRITERIA IS TO SUPPORT A VARIETY OF HOUSING BECAUSE THAT ENCOURAGES MITIGATE, UH, MIGRATION TO ER.
AND RIGHT NOW, UH, AREA NEEDS MULTIFAMILY HOUSING.
UM, IT, UH, INCREASING THE HOUSING SUPPLY ALSO KEEPS THE COSTS MANAGEABLE.
UM, IT, UH, IS A TYPE OF HOUSING THAT IS COMPATIBLE WITH NEIGHBORHOOD AS AN INFILL DEVELOPMENT AND IT WILL BE ATTRACTIVE, ENVIRONMENTALLY BENEFICIAL.
UM, YOU SAW THE DRAWINGS AND RENDERINGS OF A COMMUNITY WITH THIS EXACT SAME BUILDING THAT THEY'RE TALKING ABOUT BUILDING THAT'S ALREADY UP IN GREENVILLE.
YOU SAW WHAT THE BUILDINGS ARE GONNA LOOK LIKE BOTH IN RENDERINGS AND IN ACTUAL PHOTOGRAPHS.
IT HAS SUITABLE SOILS AND FRANKLY, THIS SITE IS, IS A REALLY, UH, PRIME SITE FOR THIS TYPE OF DEVELOPMENT.
UH, AND IT WILL PROVIDE GROWTH WITHIN THE NORTH CAROLINA 43 FOCUS AREA.
UH, AT THIS POINT, THAT'S GONNA, UM, WRAP OUR PRESENTATION.
WE WOULD LIKE TO RESERVE THE, UH, OPPORTUNITY TO HAVE REBUTTAL AND TO MAKE SOME CONCLUDING REMARKS AFTER ANYONE ELSE SPEAKS.
UM, DO WE HAVE ANY QUESTIONS, COMMENTS? YEAH, REAL, REAL QUICK, MR. YEAH, ABSOLUTELY.
IF YOU CAN GO BACK TO THE PREVIOUS SLIDE RIGHT BEFORE THIS.
THE SECOND ROW, LUD 1.2, UM, KEEPS COST MANAGERS FOR RENTERS AND OWNERS.
IT WAS MY UNDERSTANDING, AND I COULD BE WRONG, IS THE APPLICANT USE FOR THE MULTIFAMILY A COMBINATION OF RENT AND OWN UNITS? OR IS IT SOLELY RENTING THE UNITS? I'M SORRY.
UM, YES, THIS IS, AND IT WOULD BE MARKET RATE.
THIS IS NOT ANY KIND OF SUBSIDIZED HOUSING OR ANYTHING LIKE THIS.
THIS IS A MARKET RATE, UH, APARTMENT COMPLEX.
ANY ADDITIONAL QUESTIONS? THANK YOU.
YEAH, WE'RE GONNA OPEN PUBLIC HEARING HERE PRETTY QUICK.
UM, AND, AND WE WILL GO THROUGH, WE'VE GOT A LIST.
WE STARTED OUT, THE ONE REASON WE HAD THE LIST IS WE ALWAYS ASK, UH, TO START OUT WITH FOLKS WHO HAD A LETTER AND SIGNED UP.
AND ACTUALLY THE MR. TAYLOR SIGNED UP AND I GUESS HAS A LETTER ON HERE.
UM, BUT THERE'S ONLY ONE OTHER ADDITIONAL PERSON THAT LOOKS LIKE CHRISTINA HESTER.
UM, DID I SAY THAT RIGHT? YES.
SO, UM, WE'LL ASK YOU TO COME FORWARD FIRST SINCE YOU DID RECEIVE A LETTER.
I JUST NEED A REST STOP BEFORE THE YEAH.
WE'VE GOT A BOARD MEMBER GONNA TAKE A REST STOP.
CAN I TAKE A QUICK TAKE? TAKE A QUICK, TAKE A QUICK, UM, MOTION.
[00:55:01]
A FIVE MINUTE RECESS BREAK? YEP.WE HAVE A MOTION TO SECOND BOARD.
UH, ANY DISCUSSION OR TAKE THE FIVE MINUTE RECESS.
YOU WANNA VOTE? DO YOU CALL FOR OPPOSED? ALL IN FAVOR? AYE.
ANY OPPOSED? WE'RE SO REAL QUICK, WE'RE TAKING A, MY WIFE DID GET THAT LETTER.
WE'LL BRING IT OUT AND WE'LL GET YOU TO DURING THE RECESS, WE'LL GET TAKEN.
HOW LONG DID THE LAST MEETING LAST? OH,
WANT A LITTLE BIT LONGER AFTER YOU LEFT.
IT WAS THE REASON I'M ASKING BECAUSE I HAVE TO GO TO, I HAVE TEAM REHEARSAL, SO I WAS TRYING TO FIGURE, AND IT STARTED SIX 30, SO I'M THINKING MAYBE SEVEN 30.
[01:00:36]
I THINK WE'RE, WE'RE BACK ON SCHEDULE.
AND I JUST WANT TO TAKE A MINUTE AND MENTION, SINCE THIS IS A QUASI-JUDICIAL HEARING AND WE DO HAVE A, A RELATIVE ORDER THAT WE TRY TO HOLD TO.
THAT'S WHY WE ASK EVERYBODY TO SIGN THE SIGN IN SHEET AND LIST, UM, WHETHER THEY RECEIVED A LETTER, WHETHER THEY'RE IN THE COUNTY OR NOT.
UM, SOMETIMES WE END UP WITH A QUESTION OF WHETHER A PERSON HAS STANDING OR NOT.
AND THAT'S ONE WAY THAT WE CAN START THE PROCESS.
AND THAT'S ALSO THE REASON WHY WE ALWAYS ASK PEOPLE WHO RECEIVED THE LETTER FIRST, TO SPEAK FIRST.
AND THAT WAY WE CAN KIND OF MOVE ON AND, AND TRY TO KEEP ON AN EVEN KEEL.
AND THE FIRST PERSON THAT I'VE GOT ON THE LIST, UM, UH, MS. HESTER, I THINK WE, WE'LL, WE'LL ASK YOU TO COME FORWARD AND REMEMBER WE GOT THROUGH THREE MINUTES, UM, AND WE'VE GOT THE CLOCK AND WE'LL DO THE BEST WE CAN TO HANG IN THERE.
UM, I HAVE, AND PLEASE STATE YOUR NAME, ADDRESS AND CHRISTINA HESTER.
UM, MY QUESTION IS ABOUT FLOODING.
I'M SURE THAT THEY'RE GONNA BE RAISING UP THE LAND FOR THESE APARTMENTS AS IT IS.
WE GET A TON OF WATER IN JUST ONE DAY.
UM, IN THAT GOES IN BETWEEN OUR PROPERTY, AT OUR NEIGHBOR'S PROPERTY THAT'S RIGHT NEXT TO US.
UM, I BROUGHT PICTURES SO THAT YOU FOLKS COULD SEE, UM, THE COUNTY NEVER COMES OUT AND DOES ANYTHING ABOUT THE DITCHES BEING CLEARED OR ANYTHING FOR DRAINAGE.
SO WITH THESE APARTMENTS, IS THEIR WATER GONNA BE POURING INTO OUR NEIGHBORHOOD? BECAUSE WE'RE A COUNTY, WE'RE NOT CITY IT IS.
UH, KENDRICK IS THAT, CAN WE BY ANY WAY? SO MA'AM, IF YOU WANTED TO FIRST WITH THE PICTURES, IF YOU WANTED TO SUBMIT THOSE, THOSE HAVE TO BE SUBMITTED AS EVIDENCE TO THE ACTUAL BOARD.
SO THEY WOULD OH, I DIDN'T KNOW THAT BOARD.
UM, BUT THE SECOND POINT AS FAR AS FOR ANY TYPE OF STORM WATER AND THINGS TO THAT EFFECT, THAT'S ALL VETTED THROUGH THE STATE.
UM, SO I CAN'T REALLY SPEAK TO THAT PARTICULAR POINT.
IT'S, UH, FROM AN EXPERTISE PERSPECTIVE, THE STATE WOULD HANDLE THAT SIDE OF THINGS.
WELL, MY QUESTION WAS ARE THEY NOT GONNA BE RAISING UP THE LAND? SO THEY'RE GONNA BE CUTTING DOWN A WHOLE BUNCH OF TREES.
THEY'RE OBVIOUSLY GONNA BE BRINGING IN DIRT AND THAT'S USUALLY HOW THEY DO IT WITH MOST APARTMENT COMPLEXES.
SO, SO THEY WOULD BE REQUIRED TO FOLLOW THE REGULATIONS THAT WOULD BE PURCHASED FOR THE STATE? I CAN'T SPEAK TO THAT 'CAUSE THAT'S NOT MY EXPERIENCE IN PARTICULAR.
SO THERE'S NO PLAN ON WHERE THE WATER IS GONNA RUN TO FROM THESE APARTMENT COMPLEXES.
SO, SO THERE'S FOLKS THAT ARE TIED INTO THE DEPARTMENTAL REVIEW, UH, COMMITTEE PROCESS AND REVIEW.
AND THEY ACTUALLY WORK THROUGH THE STATE, WHICH CAN ESSENTIALLY, THEY WOULD BE THE ONES RESPONSIBLE FOR, UH, ENFORCING THOSE STANDARDS IF THERE ARE STANDARDS THAT NEED MET BY THE APPLICANT PERTAINING TO THAT.
THAT'S, THAT'S WHAT I'M SAYING THAT GOES THROUGH THE VETTING PROCESS FOR THE DEPARTMENT ON THE VEHICLE.
UM, MY NEXT QUESTION IS, ARE THESE APARTMENTS GOING TO BE GOVERNMENT ASSISTED APARTMENTS OR ARE THEY GOING TO BE REGULAR? MARK, GO AHEAD.
YEAH, I THINK THAT WE ALREADY HAD TESTIMONY FROM THE APPLICANT THAT SAID THEY WERE NOT GOVERNMENT ASSISTED.
SO, BUT WE CAN BRING THAT UP AGAIN IN THE REBUTTAL PROCESS.
I THINK THEY'RE ALL JUST GENERAL RENT, MARKET RENT, I THINK WAS THE TERM THAT THEY USED, UM, THE APPLICANT.
WHEN I SAY THEY, WHICH TYPICAL MEANS IT'S NOT GOVERNMENT ASSISTANCE.
AND MA'AM, WITH YOUR PHOTOGRAPHS, IS THAT SOMETHING THAT YOU WANTED TO SHARE WITH THE BOARD? I DID WANT TO SHARE WITH THE BOARD SO THAT YOU CAN SEE.
I, I'D LIKE TO GO AHEAD AND BRING THOSE IN AND, AND WE CAN CIRCULATE 'EM THROUGH THE BOARD.
CAN YOU PLEASE REAL QUICK, IF YOU COULD PASS IT TO MR. REMINGTON TO LET HIM REVIEW AND THEN, UM, THEY CAN COME UP TO THE BOARD AND THEN, AND WE WILL TAKE A MINUTE AND RUN 'EM ACROSS BEFORE WE ADD OUR, OUR NEXT SPEAKER.
CAN YOU SAYING THAT THE ADDITIONAL RUNOFF FROM MORE PAID SERVICES AND PARDON SERVICES WILL BE ADDRESSED BY YOUR DEPARTMENT? SO IT'S, IT'S NOT BY OUR DEPARTMENT, BUT
[01:05:01]
I THINK IT WOULD GO THROUGH PUBLIC WORKS ESSENTIALLY, IF I'M NOT MISTAKEN.AND THEY WORK OR COORDINATE WITH THE STATE TO MAKE SURE THAT THE PROPER PERMITS ARE OBTAINED PRIOR TO ANY IMPLEMENTATION OR AS THEY'RE GOING THROUGH.
AND MR. DUFFY, I WOULD POINT OUT, 'CAUSE I HAD THIS QUESTION EARLIER, LET'S, LET'S KIND OF HOLD OUR COMMENTS FOR A SECOND TO WHERE EVERYBODY CAN HEAR 'EM.
YEAH, LET'S, LET'S GET THE, THE PICTURES ADMITTED INTO EVIDENCE AND THEN WE'LL MOVE BACK TAB THREE.
SO I THINK THE APPROPRIATE QUESTION FOR THE BOARD AT THIS POINT IS WHETHER MR. REMINGTON HAS ANY OBJECTION TO SOME OR ALL OF THOSE PHOTOS BEING ADMITTED? YES, YOUR HONOR.
YOU DO MR. REMINGTON? WHAT'S THAT? DO YOU HAVE AN OBJECTION TO ANY OF THE PHOTOS BEING ENTERED INTO THE RECORD? E EVERYTHING'S GOOD.
SO JAMIE, DO WE NEED TO MAKE ANY COMMENT TO WHERE THAT WE DID ACCEPT THEM? YES.
IF YOU CAN JUST LET THE RECORD REFLECT THAT YOU HAVE RECEIVED, DO YOU KNOW HOW MANY PHOTOGRAPHS? THERE'S THREE.
THREE PHOTOGRAPHS? YES, MA'AM.
YOU RECEIVED THREE PHOTOGRAPHS INTO EVIDENCE FROM MS. CHRISTINA HESTER? YEAH.
SO, UM, YEAH, WE'LL, UM, ACCEPT THREE PHOTOS FROM MS. HESTER, UM, AS EVIDENCE, UH, INTO THE HEARING.
AND JUST MR. CHAIRMAN, JUST IF THERE'S A, THERE MAY BE ANOTHER QUESTION HERE, SIR.
YOUR ADDRESS AGAIN PLEASE? TWO 10 BRIARWOOD LANE.
SO YOU'RE ON BRIARWOOD BRIARWOOD LANE? YES, MA'AM.
MA'AM, IF YOU LOOK AT THE PHOTO THAT'S UP RIGHT NOW, UM, WHERE THE DEVELOPMENT COMES OUT, LIKE PART OF THE L WHERE THAT ROAD RIGHT THERE, UM, ON THE WESTERN SIDE OF THE SIDE SIDE.
MS. MARTY, I MIGHT HAVE YOU, IF YOU LOOK AT THE, UH, LEFT HAND SIDE OF THE DRAWING THERE, UM, AND YOU GO TO THE TOP OF, OF WHERE THE APART APARTMENTS WILL BE.
AND YOU COME DOWN TO TWO LOTS ON THE EDGE OF IT.
THAT'S, I BELIEVE THAT, SO IT'S THE OTHER SIDE? YES.
NOT, NOT OVER THAT ON LEFT SIDE.
SO IT WOULD BE THE SECOND BLOCK DOWN IS, UH, MY PROPERTY AND THEN THE THIRD BLOCK DOWN IS MY NEIGHBOR'S WHERE THE PHOTOS ARE IN BETWEEN OUR PROPERTIES.
SO THESE PHOTOS, DID YOU TAKE THESE PHOTOS? YES, SIR.
AND, UM, THAT WAS EIGHT HOURS WORTH OF RAIN.
AND DID, AND ARE THESE PHOTOS, YOU'RE SAYING THEY'RE THE BACK OF YOUR LOT IN YOUR NEIGHBOR'S LOT? THAT YES SIR.
EXCEPT FOR ONE THAT YOU SEE THE WATER IS A LOT SMALLER THAT'S GOING TOWARDS THE FRONT OF OUR ROAD.
BUT THE OTHER TWO PHOTOS ARE OF THE BACK.
UM, I WOULD COMMENT AS WELL THAT JUST FOR THE RECORD, UNDER TAB THREE, THE SECOND TO LAST PAGE, THERE'S A SHEET ENTITLED COMPLIANCE WITH CITY OF NEW BERN DEVELOPMENT ORDINANCES AND FUTURE PERMITTING REQUIREMENTS THAT SAYS THE STORMWATER COLLECTION SYSTEM HAS BEEN ANALYZED AND HAS BEEN DETERMINED THAT THE STORMWATER COLLECTION SYSTEM WILL HAVE ADEQUATE CAPACITY TO SERVE THE PROPOSED DEVELOPMENT.
SO I MEAN THERE IS THAT AS WELL AS OTHER STATE RE MY UNDERSTANDING OTHER STATE REGULATIONS THAT WOULD REQUIRE STORM WATER DRAINAGE PERMITTING.
UH, THAT'S PART OF THE SITE PLAN AND THAT PHASE OF IT, NOT NECESSARILY SPECIAL USE PHASE, BUT THERE ARE OTHER REQUIREMENTS OF THAT.
AND, AND DURING THE, UH, REBUTTAL PROCESS, WE HAD THE OPPORTUNITY TO ASK THE APPLICANT ABOUT THE STATUS OF A CAM PERMIT, UM, WHICH GENERALLY PERTAINS TO NOOSE RIVER BASIN DRAINAGE RULES.
AND, AND WE CAN DO THAT AND I'M SURE HE'LL BE ABLE TO ANSWER SOME.
SO WE, WE TRY TO MAKE NOTES WITH QUESTIONS AND SO WE CAN ADD IN AS WE MOVE ON ALONG.
DO I GO SIR DOWN NOW? ANY MORE COMMENTS, QUESTIONS? YES.
OKAY, SO THE NEXT PERSON THAT RECEIVED THE LETTER, UM, MR. LUPTON.
WOULD YOU COME FORWARD AND SPEAK? YES, SIR.
AND WHEN YOU GET TO THE MIC, PLEASE STATE YOUR NAME AND ADDRESS.
I LIVE AT 2 0 4 BRIARWOOD LANE.
THAT'S ON THE, THIS SIDE OF THE DEVELOPMENT HERE.
SO ALL THE, THE BRIARWOOD LANE IS ON THE WEST SIDE.
WHICH WOULD BE OUR LEFT ON THE MAP.
IT WAS A, WHAT DO YOU CALL THAT? WETLANDS.
[01:10:01]
SOMEBODY COME OUT THERE WITH THESE BLUE WITH STICKS, LITTLE TAGS, WATER, D LINE NATION, PUT IT ALL OVER THE PLACE.THAT WAS THE FIRST TIME SOMEBODY WANTED TO DEVELOP THAT.
THEN ALL OF A SUDDEN IT WENT AWAY.
BUT, UH, I KNOW MORE ABOUT THAT THAN ANYBODY IN HERE.
AND I GOT PICTURES THAT SHOWED THE FLOODED AREA.
AND IF A HURRICANE COMES, IT TAKES, UH, MAYBE FIVE TO SIX WEEKS FOR THE WATER TO GO DOWN.
SO, UH, I DON'T KNOW IF THIS WOULD BE ANY INTEREST TO ANYBODY.
OH, BY THE WAY, HOW FAR IS THE BACK? THAT BUILDING GOING TO BE FROM THE PROPERTY, MY PROPERTY LINE.
WE CAN ASK THAT QUESTION TO THE APPLICANT AGAIN.
AND IN FACT, I'M GONNA MAKE A NOTE THAT THAT'S ONE MORE THING.
WE, YOU DON'T HAVE TO BRING IN A MY TON.
A LOAD OF, UH, WRAP, RIFF WRAP TO FILL THAT IN.
ANYBODY WANT, IS INTERESTED IN THESE PHOTOS? YES.
SO I GUESS WE'LL DO THE SAME THING.
WE'LL GIVE MR. MR. REMINGTON AN OPPORTUNITY TO TAKE A LOOK AT HIM.
AND IF HE HAS NO OBJECTION, I WANTED TO ASK HIM WHEN HE WAS UP HERE, THIS FLOOD CONTROL YOU WERE TALKING ABOUT, IS IT GONNA CONTROL THAT? UH, I, I'LL ANSWER IT THIS WAY.
I'M ATTORNEY UHOH, BUT I'LL SAY THIS, BUT DON'T HOLD IT AGAINST HIM.
THIS RIGHT HERE IS THE AGRICULTURAL DITCH.
BEEN THERE EVER SINCE I'VE BEEN THERE.
THIS, HERE IS THE LAND YOU WANT TO DEVELOP AND IT STAYS LIKE THAT.
IT'S NOT LIKE THAT NOW, BUT IF IT COMES A HURRICANE OR SOMETHING, SEE, I CAN SEE THE SUBWAY FROM THERE.
SEE, SEE ALL THAT WATER? IF YOU PUT DRAINAGE IN THERE AND IT GOES TO A POND FOR PUMPING, WILL THAT ELIMINATE ALL THAT? I'M NOT AN ENGINEER.
BUT, BUT YOU SEE WHAT I'M TALKING ABOUT.
SEE THAT THIS, THIS PROJECT WILL HAVE TO GO THROUGH THAT STATES SIGNIFICANT PERMITTING AND ONE OF THE PERMITTING PROCESSES WILL STORM WATER.
THE WATERS, THIS FLOOD WATER DOES NOT FLOW INTO THAT PROPERTY BEHIND ME.
IT FLOWS FROM THE PROPERTY TO THIS.
THAT'S WHAT WE'RE CONCERNED ABOUT, SIR, YOU WAKE UP ONE MORNING AND I'VE SEEN THAT TWO FEET FROM THAT MAN'S BACKYARD.
SO, SO, MR. LUPTON, DO YOU WANT TO, DO YOU WANT TO SHARE THOSE PHOTOS THAT YOU JUST SHOWED? MR. REMINGTON, WHO'S TALKING RIGHT HERE.
JAMIE, WOULD YOU, WOULD YOU LIKE TO SHARE THE PHOTOS THAT YOU JUST SHOWED TO MR. REMINGTON WITH THE BOARD? OH, WHAT I'M ASKING.
WHAT I'M HERE FOR? YES, MA'AM.
IF, IF YOU'D LIKE TO BID 'EM, WE, WE, MR. REMINGTON, DO YOU HAVE THE OBJECTION, MR. REMINGTON? WEREN'T YOU UP HERE YEARS AGO? MR. REMINGTON, DO YOU HAVE ANY OBJECTION TO MR. LUTON'S PHOTOGRAPHS BEING ENTERED INTO THE RECORD? I OBJECTION.
BASED ON, HE'S GOT DATES ON THEM AND THE DATES ARE 2015.
WELL, I QUIT TAKING PICTURES, PHOTOGRAPHS.
THERE'S NO NEED TO BE TAKING PICTURES ANYMORE.
TIME WILL TELL WHAT'S GOING HAPPEN.
SO THERE WAS AN OBJECTION AS TO THE TIMELINESS OF THE PHOTOS, CORRECT? MS. REMINGTON? YES, SIR.
SOME OF 'EM HERE ARE, ARE, UH, SOME OF 'EM AREN'T MARKED.
MY COMPUTERS SLAMMED FULL OF THESE PICTURE.
AND, UH, WELL REAL QUICK, WE'RE GONNA ADDRESS THIS OBJECTION SO WE CAN TAKE THE EVIDENCE OR NOT TAKE THE EVIDENCE DEPENDING ON IT.
THIS IS, UH, FEBRUARY 27TH, 2015 AND THINGS AIN'T CHANGED.
UH, AND DID YOU TAKE THAT PHOTO? OH YEAH.
AND HAVE YOU SEEN OTHER RAIN EVENTS CLOSE TO THE CONDITIONS IN WHICH YOU TOOK THAT PHOTO RECENTLY? I BEG YOUR PARDON? IT'S A BAD QUESTION.
HAVE YOU WITNESSED OTHER RAIN EVENTS IN THE LAST NINE YEARS RELATED TO THE, OH LORD, THAT MERCY, YOU OUGHT HAVE SEEN THAT HURRICANE COME THROUGH HERE AND DOES WHAT THOSE PICTURES DEPICT SHOW TYPICALLY WHAT HAPPENS IN THAT AREA EVERY TIME WITH LARGE AMOUNTS OF RAIN, YOU HAVE MAYBE FOUR TIMES A YEAR.
BUT IT TAKES ABOUT, IF A HURRICANE COMES THROUGH, IT'S GONNA TAKE SIX, MAYBE SIX TO EIGHT WEEKS FOR THE WATER TO GO DOWN.
AND YOU BETTER GET SOME GOOD INSECT REPELLENT.
WELL, I, I'LL DEFER TO THE CHAIR ON WHETHER TO SUSTAINED OR OVERRULED THE MOSQUITOES.
I, OBJECTION AND TAKE THOSE INTO EVIDENCE.
HANG ON ONE SECOND BEFORE YOU LEVI ON.
AND ALSO, I JUST WANNA MAKE A COMMENT FOR THE FOLKS RAISING THEIR HAND EACH, EVERYBODY WILL GET AN OPPORTUNITY TO SPEAK.
WE'RE TRYING TO KEEP EVERYTHING IN ORDER.
[01:15:01]
UH, PLEA, PLEASE HOLD YOUR COMMENTS TO YOUR OPPORTUNITY TO COME FORWARD, OKAY? OKAY.DOES, DO ANY BOARD MEMBERS HAVE ANY ADDITIONAL COMMENTS OR QUESTIONS IN REFERENCE TO ACCEPTING THE PHOTOS AS EVIDENCE? THESE PICTURES ARE OLD.
NOW, IN LIGHT OF HIS TESTIMONY THAT THE SIMILAR CONDITIONS EXIST IN MORE UP TO DATE, THEN I WOULD ACCEPT THEM ON THAT.
I, I, THEY'RE NOT PROOF, BUT, YOU KNOW, SO THERE'S TESTIMONY.
WELL, I, I THINK IT'S SUFFICIENT EVIDENCE THAT WE CAN CONSIDER.
AND SO I WOULD NOW BACK THERE CRITIQUE THOSE.
BUT AGAIN, DAVE WROTE A CANAL.
'CAUSE WE JUST, HE HAD AN OBJECTION.
WE HAVE TO ADDRESS IT SO WE CAN GET YOUR PHOTOS.
SO I WOULD JUST SAY THAT I THINK I WOULD, I WOULD OVERRULE THE OBJECTION, BUT AGAIN, I WOULD DEFER TO THE CHAIR ON RULING ON THAT.
UM, I, I THINK THAT BASED ON BOARD COMMENTS THAT WE'RE GONNA ACCEPT THE PHOTOS.
AND IF YOU WOULD PLEASE, UM, HAND THEM TO KENDRICK AND WE'RE GONNA TAKE A MINUTE TO LOOK THROUGH THEM.
AND PLEASE COUNT THE NUMBER OF PHOTOS YOU DO HAVE.
WELL, WE, WE DON'T WANT ANY MORE
AND MR. CHAIR, IF WE COULD JUST NOTE FOR THE RECORD, MR. REMINGTON'S OBJECTION.
ALSO WE CAN PLEASE NOTE THAT THERE WAS AN OBJECTION BASED ON THE DATE.
ALL OF 'EM ARE MARKED WITH A DATE.
BUT THERE'S ONE THING YOU NEED TO CONSIDER THIS.
HERE'S A AXLE FROM AN OLD CAR.
BEEN THERE 15 YEARS, IT'S DUG INTO THE GROUND.
I'VE SEEN, I'VE SEEN THE TAR COVERED.
AND, AND THAT PARTICULAR PICTURE IS TAKEN WHERE? WHAT'S ITS LOCATION? MY BACKYARD AND YOUR BACK.
AND SO THAT BACKYARD BASED ON BACK ON THE PHOTO.
UM, AND WE LOOK AT OUR MAP THAT'S ON THE SCREEN.
WHICH LOT IS YOUR 2 0 4? IT'S ABOUT THE THIRD OR FOURTH ONE.
FROM THE TOP OR FROM THAT AS YOU ENTERED THE ROAD.
NOW YOU LOOK AT THIS, I'M GONNA BE QUICK.
WELL, WE'VE ALREADY RUN OUT OF OUR THREE MINUTES.
SO WE'RE, WE'RE GIVING YOU A LOT OF LEANING CHEEK.
YOU LOOK BEHIND HERE WHERE IT'S, THAT'S A DRAINAGE DITCH, AGRICULTURAL DRAINAGE DITCH.
I'LL, I'LL TAKE THOSE FOR YOU.
SO THAT'S ON YOUR, THAT'S ON YOUR SIDE.
CAN SOMEBODY TELL ME WHEN THE WE, HOW DID THE OR BE FROM THE PROPERTY LINE? WE'LL GET TO THAT WHEN WE ASK QUESTIONS OF THE APPLICANT.
SO YOU HAVE TO PUT SOME DIRT THINGS UP, MR. ING, PLEASE ADD THAT TO YOUR LIST.
'CAUSE WE WILL, WE'LL, WE WILL ASK, UM, IN THE REBUTTAL.
I THINK THAT, I THINK MR. LUPTON HAS TENDERED 12 PHOTOGRAPHS.
SO WE CAN HAVE THAT FOR THE RECORD, PLEASE.
SO WHEN WE ADD THESE AS EVIDENCE, WHAT NUMBERS SHOULD WE USE? JUST 10 OR 12.
THAT'S SUFFICIENT TO GO INTO THE RECORD.
OKAY, SO WE'RE GONNA, IS EVERYBODY THE BOARD? OKAY.
DO, DO WE NEED ANY ADDITIONAL COMMENT TO ACCEPT? SO, SO MOVED.
WE'RE GONNA LOOK THROUGH 'EM RIGHT FOR JUST A SECOND MA'AM.
READY TO SAY THEY KNOW YOUR FROM ONE END.
SO THE BACK THERE YEARS AGO, THEY CONNECTED TO THE, ON THE, THAT COVER UP WHEN, WHEN AS MUCH TIME AS WE'RE, WE'RE, WE'RE LOOKING AT THE PHOTOS.
SO WE'RE, WE'RE NOT, WE GOTTA GIVE US A SECOND TO LOOK THROUGH THE PHOTOS.
OKAY, WE'RE GOOD? YES, WE'RE GOOD.
SO THE, THE NEXT ONE THAT, THAT'S LISTED, UM, THAT RECEIVED A LETTER, UM, MS. LINDA, LINDA ROCK.
SO AS YOU COME FORWARD, JUST PLEASE STATE YOUR NAME AND ADDRESS.
I LIVE AT TWO 20 MURDOCH WAY MY PROPERTY ABUTS RIGHT UP AGAINST THE PROPOSED PROPERTY.
I JUST, I HAVE A FEW QUESTIONS.
UM, THE FIRST ONE WOULD BE REGARDING THAT SUB
[01:20:01]
ROAD ACCESS AT THE INTERSECTION OF HONEYCUTT AND WASHINGTON POST THAT'S CURRENTLY IN BETWEEN, I BELIEVE IF I'M ADDRESSING THE RIGHT ROAD, IT'S CURRENTLY BETWEEN THE SOCCER FIELD FOR THE CHURCH AND THE HOUSING DEVELOPMENT THAT WE'RE IN.IT'S THE ROAD THAT COMES OUT AND THE CON ROAD, MR. FROM HERE, THE HONEYPOT CURRENTLY WITH THE TRAFFIC THAT'S IN THERE ON SUNDAY, WE HAVE THE POLICE DEPARTMENT OUT DIRECTING TRAFFIC ON BECAUSE OF THE CHURCH TRAFFIC.
IT'S GOING TO CREATE A MAJOR CONGESTION.
I REMEMBER WHEN WE WENT TO THE MEETING THAT THEY TOLD US THAT THEY, UM, THEIR CONCERN WAS WHAT IF ONE OF THEIR BUILDINGS CATCHES ON FIRE? THEIR PEOPLE WOULD NEED A WAY OUT.
THEY PUT THEIR LIVES AGAINST THE LIVES OF THE 75 HOMES THAT ARE IN MY DEVELOPMENT.
WE HAVE ONE WAY INTO OUR DEVELOPMENT AND ONE WAY OUT.
SO I'M VERY CONCERNED ABOUT THE CONGESTION THAT THAT TRAFFIC WOULD CON YOU KNOW, THAT THAT TRAFFIC WOULD ADD.
I REAL, REAL QUICK, SHE'S NOT KIND OF FOUNDATION.
I'M JUST, I'M, I'M, I'M JUSTING MY OPINION AS A CONCERNED CITIZEN WHO LIVES THERE.
AND, AND WE SHOULD HAVE KIND OF PUT THIS OUT THERE, AND I'M SORRY THAT WE DIDN'T PUT THESE IN THE INSTRUCTIONS THAT WHEN YOU COME UP TO SPEAK, YOU'RE ADDRESSING THE BOARD, NOT THE APPLICANT, NOT THEIR EXPERTS YOU ADDRESS.
AND SO, UM, YOU, YOU KNOW, THIS IS A QUASI-JUDICIAL HEARING, WHICH IS LIKE, UH, IT IS LIKE A TRIAL.
IT'S LIKE A HEARING IN A COURT OF LAW.
AND SO WHEN HE DOES THAT, AS YOU SAW EARLIER, WHEN HE DOES THAT, WE HAVE TO ADDRESS THOSE OBJECTIONS AND THEN ALLOW TO MOVE ON.
SPECIFICALLY IN THESE CASES WHEN WE'RE TALKING ABOUT TRAFFIC AND THE, UH, ECONOMIC VALUE OR THE, UH, FAIR MARKET VALUE EFFECT ON A BUDDING PARCELS.
THOSE TWO PIECES REQUIRE WHAT'S CALLED EXPERT TESTIMONY.
AND THAT'S UNDER THE STATUTE, THE GENERAL STATUTE.
SO THAT'S, THE STATE LEGISLATURE SAYS WE CANNOT CONSIDER LAYPERSON TESTIMONY WHEN IT COMES TO TRAFFIC IMPACT OR ECONOMIC VALUE OF ABUTTING PARCELS.
I WILL SAY THOUGH, THAT YOU MENTIONED ASIDE FROM TRAFFIC A, UH, ACCESS THAT IS YOUR ONLY ACCESS AND YOU WENT TO A MEETING WITH THE CHURCH, THAT'S RIGHT OR NO, WHEN CHURCH IS IN SESSION ON SUNDAYS, WE CURRENTLY HAVE TO HAVE A POLICE OFFICER FROM THE NEW BERN POLICE DEPARTMENT OUT ON 55 TO DIRECT TRAFFIC.
YOU MENTIONED EARLIER IN YOUR TESTIMONY THAT, THAT YOU EITHER WAS A MEETING TALKING ABOUT FIRE, IF THERE WAS A FIRE THAT WAS THE MEETING WITH THEIR REPRESENTATIVE THAT WAS HELD ON FEBRUARY 15TH.
AND WHEN YOU SAY THEIR REPRESENTATIVE, THE APPLICANT'S REPRESENTATIVE, RIGHT.
IT WOULD BE A MR, IT WOULD BE A MR. GREG FELDMAN.
AND, AND THAT, SO THAT'S WHAT I WAS, WAS THAT'S WHAT I WAS TRYING TO GET AT, IS THE APPLICANT HAD A MEETING WITH HOMEOWNERS THAT YOU WERE THERE.
AND THERE WAS A DISCUSSION, UH, ABOUT THE EMERGENCY RESPONSE IMPLICATIONS OF ACCESS.
AND YOU HAD THAT CONVERSATION WITH THE APPLICANT'S TRAFFIC EXPERT, RIGHT? NO, I'M SORRY, I HAD THAT YOU HAD IT WITH MR. FEL FELDMAN FEL.
UM, SO JUST WITH THAT, I WOULD JUST SAY THAT WE, AND AGAIN, I'LL DEFER TO THE CHAIR ON RULING OF OBJECTIONS, BUT LIMIT YOUR TESTIMONY OUTSIDE OF TRAFFIC CONCERNS.
YEAH, I WOULD LIKE TO, WE WILL TAKE A MINUTE AND WE'RE, LET'S PAUSE HERE FOR A SECOND FOR THE BOARD.
SO WHAT WE TRY TO DO AS BOARD MEMBERS IS MAKE NOTES WITH ALL THE COMMENTS THAT ALL THE SPEAKERS BRING UP.
AND IT'S A LOT EASIER FOR US TO, TO TAKE THOSE NOTES, WHETHER IT BE THE CHURCH, WE CAN ASK WHERE THE CHURCH IS, THE LOCATION, THE INGRESS AND EGRESS POINTS.
AND SO THAT MAKES IT EASIER FOR US TO IDENTIFY THE PARCELS ON THE MAP.
AND THAT'S WHY WE APPRECIATE ALL THE, UM, RESPONDENTS TO COME FORWARD AND SPEAK TO US.
THE CHALLENGE THOUGH BECOMES WHEN WE START ASKING OR ADDRESSING, UM, THE APPLICANT OUTSIDE OF THE BOARD, IT STARTS TO BECOME A CHALLENGE AND WE KINDA LOSE, I DON'T KNOW WHAT THE RIGHT WORD IS, BUT WE LOSE SEMBLANCE OF ORDER, FOR LACK OF A BETTER WORD.
SO LET'S, LET'S TRY TO JUST KEEP TO, AND I'M, I'M SAYING THIS BECAUSE WE'D LIKE TO CONTINUE ON AND WE'D LIKE EVERYBODY TO HAVE AN OPPORTUNITY TO SPEAK.
WE WANT TO HEAR EVERYTHING YOU SAY.
WE WANT TO TAKE NOTES AND PLEASE BELIEVE THAT WE ALL WILL ASK QUESTIONS OF THE APPLICANT BASED UPON Y'ALL'S TESTIMONY.
AND, AND TO, UH, TREY'S COMMENT ABOUT PROFESSIONS.
UM, REMEMBER WE ALL HAVE ATTORNEYS, WE ALL HAVE, UM, DIFFERENT PROCESSES, WHETHER IT BE AN ENGINEER OR A WATER QUALITY EXPERT THAT MIGHT HAVE TO GO TO CAM IN THE FUTURE
[01:25:01]
TO ADDRESS THE, THE CHALLENGES WITH THE, THE DRAINAGE.UM, AND THOSE ARE ALL THINGS THAT WE CAN GO BACK TO THE APPLICANT AND ADDRESS AND WITH THE CITY AND FIND OUT THE PROCESS.
SO, SO PLEASE JUST TRY TO TELL US WHAT THE CHALLENGE IS, FOR LACK OF A BETTER WORD, ARE SO THAT WE CAN HAVE AN IDEA HOW TO ADDRESS THOSE CHALLENGES WITH THE APPLICANT.
BUT THE CHURCH IS WITHOUT LIMITS CHURCH.
IT IS LOCATED IN THE, IT IS LOCATED IN THE FRONT OF OUR DEVELOPMENT.
THEIR PARKING LOT ENTERS OUT ONTO HONEYCUTT LANE, WHICH IS, AS I STATED PREVIOUSLY, IT IS OUR ONLY WAY IN AND OUT OF OUR DEVELOPMENT.
I'M JUST CONCERNED ABOUT THAT.
I AGREE THAT IT'S RELEVANT BECAUSE THE TRAFFIC, I DIDN'T EVEN TAKE THAT INTO ACCOUNT.
THAT THERE WAS, THIS IS VERY LARGE JURY.
AND, AND THE PROBLEM WITH THE TRAFFIC IN GENERAL, THE QUESTION THAT I HAVE IS THAT THE, BUT AS YOU SAID, LEAVING IS FINE.
IT'S THE FACT THAT YOU CAN MAKE A LEFT HAND TURN ONTO 55 WITH JUST THE STOP SIGN ACROSS 55, WHICH IS A VERY, VERY BUSY ROAD.
AND WE LIVE HERE, SO WE DO MOST OF IT.
SO THAT WAS MY FIRST, THAT'S THE, THAT'S THE ISSUE.
THAT I KNOW FOR SURE BECAUSE I WAS DOWN THERE AND I DID IT TWICE.
AND THAT IS A VERY BIG CHURCH AND THEY HAVE A DAYCARE ACROSS THE STREET AND THEY HAVE NOT ONLY SUNDAY SERVICES, BUT THEY HAVE BIBLE STUDY DURING THE WEEK AND SO ON AND SO FORTH.
SO, SO MR. MR. DOUGLAS, LET'S, LET'S GIVE THE APPLICANT, UH, I SHOULDN'T SAY THE APPLICANT, BUT, UM, THE, A COMMENT TO FINISH UP OUR THREE MINUTES AND THEN WE CAN ADDRESS AND ASK QUESTIONS ABOUT THE SPECIFIC CHALLENGES.
SO, AND WE SEE MR. REMINGTON STANDING.
DO I CONTINUE MY OBJECTION BECAUSE WE'RE GETTING TRAFFIC ISSUES UHAND, AND FOR PURPOSES OF UNDERSTAND, MR. REMINGTON HAS SAID THAT HE'S CONTINUING HIS OBJECTIVE OBJECTION AS TO THE NON-EXPERT TESTIMONY FOR TRAFFIC.
SO I I THINK THE BOARD NEEDS TO RULE ON THAT OBJECTION BEFORE WE MOVE FORWARD.
IS THERE ANY COMMENT? YEAH, I, I THINK, I MEAN, BASED ON MR. REMINGTON'S OBJECTION AND BASED ON WHAT THE, THE SPEAKER HAS, YOU KNOW, PROFFERED HERE ON HER CONCERNS THAT WE WOULD SUSTAIN THE OBJECTION AS TO NON-EXPERT TRAFFIC TESTIMONY.
UM, I THINK THE TESTIMONY I DO, HOWEVER, THINK TESTIMONY ON, UH, THE CHURCH, THE DAYCARE, UM, JUST AS A MATTER OF WHAT USES ARE IN THE SURROUNDING AREA IS, IS RELEVANT TO THE CONSIDERATION.
SO I WOULD SUSTAIN THE OBJECTION THOUGH, BUT I'LL DEFER TO THE CHAIR TO MAKE THAT RULING.
SO JUST TO TRY TO GO THROUGH WHAT, WHAT TREY HAS, HAS SUGGESTED, WE'LL SAY, UM, IS WHAT WE AS A BOARD CAN CONSIDER, UM, WE CAN HEAR IT, BUT WE STILL HAVE A CHALLENGE TRYING TO MAKE A DECISION ABOUT WHAT COMMENTS, UM, WE CAN ADD AS EVIDENCE.
UM, SO BACK TO THE, THE, THE STATEMENT, WE NOW AS A BOARD, ARE THERE ANY DISCUSSION THROUGH OTHER MEMBERS ABOUT THE TESTIMONY SO WE CAN RULE ON MR. REMINGTON'S OBJECTION AND WHETHER WE WANT TO CONSIDER, UM, NON-PROFESSIONAL TRAFFIC DISCUSSION? I, I DON'T, I MEAN, MY ONLY POINT ON DISCUSSION IS I DON'T THINK WE CAN CONSIDER IT.
AND, AND SO, AND I, I HAVE TO AGREE WITH THAT.
SO, BUT ONE THING I WILL WANT TO ASK AT THIS PARTICULAR POINT THERE, WA THERE WAS A COMMENT THAT WAS MADE IN REFERENCE TO THE CHURCH AND BASED ON THE MAP, I GUESS THE FIRST QUESTION I HAVE IS WHICH PARTICULAR PARCEL IS THE CHURCH IN? YOU KNOW, IF WE LOOK AT THE MAP, SINCE THAT KEEPS COMING UP, IT'S AT THE, UM, BOTTOM, BOTTOM RIGHT.
IT'S THAT LARGE LOCK THERE THAT'S NOT IDENTIFIED
AND SO THE CHURCH ITSELF, ARE YOU, ARE YOU STATING DOES NOT HAVE INGRESS AND EGRESS DIRECTLY TO, UM, THE POST ROAD? NO, NO, SIR.
SO THEY HAVE, THEY GO TO, THEY TRAVEL OUT TO THE NORTH.
I THINK MR. CHAIR, JUST IN THE SPIRIT OF BEING HELPFUL, THE TESTIMONY SHOULD COME FROM THE WITNESSES.
UM, SO THE, THE PERSON WHO'S AT THE PODIUM IS OFFERING THE TESTIMONY, WE SHOULD NOT ENTERTAIN TESTIMONY FROM BOARD MEMBERS.
UM, SO IF EVERYBODY COULD BEAR THAT IN MIND.
UM, SO THAT ANSWERED MY QUESTION.
SO LET'S, LET'S MOVE FORWARD AND WE, WE WE'RE START, WE'RE WAY LONG ON TIME, SO IF THERE'S SOMETHING WE CAN KIND OF SPEED UP, WE'RE TRYING TO GIVE EVERYBODY AN OPPORTUNITY TO SPEAK BECAUSE WE WANT TO HEAR YOU.
MY OTHER CONCERN IS THEY'RE TALKING ABOUT LEAVING, THERE'S A MINIMUM OF A 10 FOOT BUFFER BETWEEN THEIR PROPERTY AND THE ADJOINING PROPERTY, WHICH MINE JOINED.
YOU KNOW, IT'S RIGHT UP AGAINST, WE HAVE SINGLE FAMILY HOMES, THEY ARE SINGLE STORY HOMES IN OUR DEVELOPMENT.
THEY'RE TALKING ABOUT PUTTING UP THREE STORY HOMES.
IT CREATES A MAJOR PRIVACY ISSUE.
AND I'M ALSO VERY CONCERNED ABOUT THE NOISE.
[01:30:01]
10 FEET OF TREES IS DEFINITELY NOT ENOUGH.50 FEET WOULD PROBABLY BE A MORE VIABLE, YOU KNOW, IN MY OPINION WOULD BE A MORE VIABLE BUFFER.
ESPECIALLY IF THEY'RE GOING TO BE OUT ON PORCHES AS DESCRIBED, YOU KNOW, IN THEIR PLANS FOR THEIR BUILDINGS AND, AND THAT IT'S A DEVELOPMENT.
IT'S ROUGHLY THREE AND A HALF TIMES THE SIZE OF OURS.
I THINK ANOTHER IMPORTANT THING TO CONSIDER, UM, FROM THAT TESTIMONY WHEN IT COMES TO ACCESS AND THAT NEIGHBORHOOD ONLY HAVING ONE ACCESS, UH, THE DEVELOPMENT AS PROPOSED WORKS BOTH WAYS.
THEY WOULD BE PROVIDING THAT SUBDIVISION AS WELL AS THE CHURCH AS A SECOND ACCESS.
I DO HAVE A QUESTION FOR STAFF BEFORE WE MOVE ON.
UH, COMMENT WAS MADE IN REFERENCE TO THE BUFFER BEING A MINIMUM OF 10 FEET.
UM, DO WE ALWAYS LIMIT TO 10 FEET OR DO WE HAVE OPPORTUNITY TO WIDEN GREATER THAN THE 10 FEET? SO CHAIRMAN, YOU WOULD MOST LIKELY HAVE TO IMPOSE IT AS A, A CONDITION IF THAT WAS THE PREROGATIVE FOR THE BOARD BY 10 FEET, TO MY UNDERSTANDING.
AND BASED ON THE LAND USE ORDINANCE, THAT'S THE REQUIREMENT.
SO THE REQUIREMENT'S BEING MET, UM, THROUGH THE ACTUAL LANDSCAPING OR BUFFER, UH, REQUIREMENT FOR STANDARD FOR THE LAND USE ORDINANCE AND ALL CONDITIONS WOULD'VE TO BE AGREED UPON WITH THE APPLICANT.
AND SO THE, THE REASON I ASK THAT QUESTION TO STAFF, I'LL GO ON TO ADD THROUGH, IS AS WE GO THROUGH THIS PROCESS, AND AGAIN, ONE REASON THAT WE ASK QUESTIONS, UM, AS WE HEAR PEOPLE SPEAK, WE DO MAKE NOTES.
UH, WE DO HAVE THE OPPORTUNITY TO ADD CONDITIONS AND THOSE CONDITIONS, UM, THEN MAY OR MAY NOT, UM, ALLOW, UH, THE APPLICANT TO CONTINUE ON BASED UPON, OR THEY MAY CHOOSE NOT TO, I GUESS IN SOME CASES.
BUT WE CAN MAKE THAT PART OF, OF THE SPECIAL USE PERMIT, UH, THAT THOSE CONDITIONS.
AND SO THE BOARD COULD DISCUSS THE, THE, THE 10 FOOT MINIMUM AND PUT A CONDITION THAT MIGHT MAKE IT WIDER.
THEY MAY CHOOSE NOT TO, BUT THAT IS, THAT'S WHY WE GO THROUGH THIS PROCESS AND THAT'S WHY WE TRY TO KEEP IT IN ORDER AND TRY TO JUST ASK PEOPLE TO, UM, SAY WHAT IS MOST IMPORTANT AND THEN WE CAN GO THROUGH THE PROCESS.
SO NOW WE'RE, UM, WE'RE DOWN TO THREE ADDITIONAL FOLKS THAT ARE ON THE LIST THAT WOULD LIKE TO SPEAK THAT DID NOT RECEIVE NOTICE.
UM, AND I THINK WE HAVE ELIZABETH LANE NEXT.
PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS AND I APPRECIATE YOUR PATIENCE.
SORRY FOR MY OUTBURST
I DID GET A LETTER, I JUST DIDN'T BRING IT.
UM, A LOT OF MY QUESTIONS HAVE ALREADY BEEN ANSWERED, BUT THERE ARE SOME CONCERNS I HAVE SEPARATE FROM WHAT I HAD ORIGINALLY THOUGHT I WOULD ASK.
UM, THE DEBATE IS NOT NECESSARILY IN THE BUILDING OF THIS PROPERTY.
UM, THE CONCERNS ARE WHAT IT'S GONNA HAVE ON WEST CROSSROADS.
UM, IN, FOR INSTANCE, THE PROPERTY VALUE.
PROPERTY VALUE IS VERY SIGNIFICANT IN WEST CROSSROADS, THE NEIGHBORHOOD, UM, TO THE RIGHT OF THE PROPERTY.
AND I WAS CONCERNED AT THE PROPERTY VALUE, UM, DECREASING, UM, OBJECTION.
UM, SO RE MR. REMINGTON FOR THE RECORD, PLEASE STATE YOUR OBJECTION.
UH, I OBJECT BECAUSE SHE'S NOT ALLOWED MY PERSON TALK ABOUT IMPACT.
UH, SO AGAIN, BUT IT'S MY HOUSE AND IT'S MY PROPERTY.
JUST REPEATING THAT FOR THE RECORD.
MR. REMINGTON'S OBJECTION IS TO NON-EXPERT TESTIMONY ON THE ISSUE OF VALUATION.
SO I THINK, UM, JAMIE, I I'M GONNA ASK YOU TO TRY TO EXPAND ON THAT A LITTLE BIT MORE.
I MEAN, SO WHEN, WHEN WE TALK ABOUT PROPERTY VALUES, IF WE DON'T DISCUSS NUMBERS, HOW FAR CAN WE SAY HOW FAR CAN WE GO TO BEFORE WE HAVE NON-EXPERT TESTIMONY? I, I DON'T THINK VALUATION IS A QUESTION OF NUMBERS NECESSARY.
I THINK IT'S A, A QUESTION OF INCREASE AND DECREASE.
AND I THINK OUR STATUTES IN CASE LAW ARE VERY CLEAR THAT EXPERT TESTIMONY IS REQUIRED.
UM, ON THE ISSUE EVALUATION, I THINK THE, THERE'S BEEN SOME TESTIMONY FOR, FOR TONIGHT, UM, I DO SPECIFICALLY BY THE APPLICANT, UM, BY AN INDIVIDUAL THAT WAS ABLE TO PREVENT, PRESENT A RESUME AND, AND TALK ABOUT THEIR PROFESSIONAL CREDENTIALS.
UM, IF THERE ARE OTHER WITNESSES THAT ARE ABLE TO TALK ABOUT THEIR SPECIALIZED TRAINING KNOWLEDGE OR EXPERIENCE IN THE ISSUE EVALUATION, THEN YOU CERTAINLY CAN ENTERTAIN THAT, THAT, UH, TESTIMONY.
IF WITNESSES ARE NOT ABLE TO DEMONSTRATE THAT THEY HAVE SOME SPECIAL EXPERTISE IN THAT AREA, THEN YOU CANNOT LAWFULLY CONSIDER THE TESTIMONY.
[01:35:01]
QUESTION I WOULD HAVE IS, UM, MIGHT BE WHAT CREDENTIALS MAY YOU HAVE OTHER THAN BEING A LANDOWNER OR ARE, ARE YOU A REAL ESTATE BROKER? NO, SIR.HAVE YOU HAD APPRAISAL BACKGROUND? YES.
SO I GUESS THE NEXT QUESTION THEN WOULD BE, IS THERE DISCUSSION WITH THE BOARD BASED ON WHAT, UM, JAMIE MENTIONED TO US? UM, SO WE CAN DECIDE ON THE OBJECTION? YEAH, I I, I, I SAY YOU HAD TO BE A PROFESSIONAL, SO WE ALREADY HAD A PROFESSIONAL SPEAK ON THAT, ON THAT.
THIS IS ONE OF THOSE OTHER, YOU KNOW, YOU HAVE TRAFFIC AND THEN THE VALUATION, UNFORTUNATELY, GENERAL STATUTES TIE OUR HANDS THAT WE CAN'T CONSIDER TESTIMONY ON EITHER OF THOSE WITHOUT EXPERT TESTIMONY AND SOMEONE HAS THE KNOWLEDGE AND SKILL.
SO I GUESS THE, WHAT I'M TRYING TO SAY IS IT'S CONCERN.
THAT'S ALL, THAT'S ALL JUST FOR THE, BUT FOR THE RECORD, WE HAVE TO RULE ON THE OBJECTION.
I WOULD SAY THOUGH, AND IT WOULD BE MY THOUGHT THAT WE WOULD NOT, THAT WE SUSTAINED THE OBJECTION, WE WOULDN'T CONSIDER THE TESTIMONY IN OUR DECISION MAKING PROCESS.
SO JUST PURSUANT TO THE STATUTE.
AND, AND I, SINCE IT WAS WELL STATED, I'LL JUST GO AHEAD AND SAY, WE'LL, WE'LL ACCEPT THAT, UM, AND MOVE ON.
AND, AND I WANT, BEFORE WE START THE CLOCK AGAIN, WANNA MAKE A ANOTHER COMMENT? UM, SO FOLKS THAT ARE WATCHING ON TELEVISION OR WHATEVER CAN HEAR, WE'VE ALWAYS ASKED FOLKS, UM, TO TRY TO BRING PROFESSIONALS WITH, AND THAT'S, THAT'S A GREAT THING.
THE NEXT MEETING, UM, DO THAT.
I MEAN, I DON'T, I DON'T KNOW A BETTER WAY TO TO TO STATE IT, BUT, UM, IT MAKES IT EASY FOR US OR EASIER FOR US.
AND THEN WE DON'T GET INTO THESE DISCUSSIONS.
UH, NEXT CONCERN IS THE SPACE BETWEEN THE PROPERTY AND MURDOCH'S PROPERTY.
UH, MURDOCH'S WAY IS THE PROPERTY BUTTING UP AGAINST THE NEW PROPERTY? UM, I KNOW WE'VE ALREADY TALKED ABOUT THE BUFFER, BUT THE CONCERN IS WITH IT BEING A THREE STORY COMPLEX BUILDING, WHAT IS THE VIEW THEY'RE GONNA HAVE ON THEIR BALCONIES INTO THE BACK OF MURDOCH'S PROPERTY? BECAUSE ALL THE BACKYARDS FACE THAT PROPERTY REGARDLESS OF WHERE THE PROPERTY LINE IS.
THE CONCERN IS THE BUILDING BEING ABLE TO LOOK INTO OUR PROPERTY.
UM, I BROUGHT THIS UP AT OUR FIRST MEETING WITH DOC, UH, MR. FELDMAN IS, UM, WHAT ARE THE CHANCES FOR SAFETY AND PROTECTION THAT A FENCE BE PUT UP BETWEEN MURDOCH'S BACKED PROPERTIES AND THE PROPERTY BEING DEVELOPED? HE SAID NO NEXT.
UH, IN 2017, WHEN I PURCHASED MY HOME, I WAS TOLD BY MY BUILDER, DON DIXON, WHO IS ALSO PRESIDENT OF HOA, THAT THIS FIELD BEHIND US WAS A NO, WAS ZONED FOR NO HOUSING, A NO HOUSING ZONE OBJECTION.
YES, YOU HAVE, YOU HAVE ANYTHING IN WRITING.
I WANTED TO FIND OUT WITH WHAT'S GOING ON HERE TODAY.
WILL THERE BE RECORD OF THIS MEETING THAT WE WILL HAVE ACCESS TO? OH, MOST DEFINITELY.
AND, AND THAT WAS BECAUSE NO, I DON'T HAVE THE IN WRITING.
IT NO DIFFERENT THAN WHEN WE, UM, VOTED, UH, TO START THE MEETING ABOUT THE PREVIOUS MEETINGS RECORD.
SO THAT IS A, A, A DOCUMENT THAT IS WRITTEN AND IT IS AVAILABLE THROUGH THE CITY.
AND, AND JUST FOR THE RECORD, I THINK WE'RE GONNA NOTE MR. IRVINGTON'S OBJECTION ON HEARSAY.
AND I, I THINK IT SHOULD BE SUSTAINED.
BUT TO ANSWER YOUR QUESTION, YES, YOU WILL HAVE ACCESS.
THIS IS ALL RECORDED, UM, AND WHEN THE DECISION IS MADE, UM, THAT WILL BE MEMORIALIZED IN WRITING AND ADOPTED AT OUR NEXT MEETING.
AND SO YOU'LL HAVE ACCESS TO THAT AS WELL.
AND, AND ALSO TO TAKE ONE STEP FURTHER, SINCE WE HAVE A MEETING, UH, A MINUTE, THIS IS ALL RECORDED.
IT IS, UH, PUBLIC TELEVISION, FOR LACK OF A BETTER WORD.
SO WE'RE TRYING OUR BEST TO DO, DO THINGS PROPERLY.
BECAUSE EVERYBODY DOES HAVE THE RIGHT TO GO BACK AND VIEW, AND IF WE DO MAKE A MISTAKE, IT COULD BE CHALLENGED AND WE'D BE BACK, UM, GOING THROUGH THIS SAME PROCESS AGAIN AT THE NEXT MEETING.
THANK, AND WE'RE TRYING OUR BEST NOT TO DO THAT.
UM, ONE MORE AND THEN I'M DONE.
THE POND THAT YOU SEE, UH, IN THE MURDOCH STREET THAT FACES THE PROPERTY IN THE UPPER KIND OF CENTER OF THE EDGE OF THE PROPERTY IS A ROUND CIRCLE.
AND THEN TO THE LOWER LEFT CORNER OF THAT, THEY SAID THERE'S GONNA BE A SEWER LINE.
UM, WHAT EFFECT IS THAT GONNA HAVE ON THE POND AND THAT WHOLE AREA RIGHT THERE? YEAH, I CAN'T ANSWER THAT, BUT I'VE MADE A NOTE AGAIN, THAT'S JUST A CONCERN.
[01:40:02]
UM, BEFORE WE CALL THE NEXT, UM, PERSON FOR COMMENT, I'VE GOT A QUESTION FOR JAMIE.IS THIS A TIME THAT WE COULD ACTUALLY ASK, UM, ABOUT BUILDING POSITIONING, OR SHOULD WE WAIT UNTIL AFTER THE, THE PUBLIC HEARING? YOU SHOULD ENTERTAIN ALL YOUR PUBLIC COMMENTS TO ALLOW MEMBERS OF THE PUBLIC TO OFFER COMMENTS OR PROPOSE QUESTIONS FOR YOU TO PURSUE ANSWERS TO.
AND THEN ONCE THE PUBLIC COMMENT PERIOD IS OVER, THEN YOU CAN PERMIT THE APPLICANT TO OFFER ANY REBUTTAL AND, AND GET SOME QUESTIONS ANSWERED.
UM, PAT COX, YOU CAN TAKE ME OFF.
I PRETTY MUCH HAVE EVERYTHING WHAT I SAY.
SO FOR THE RECORD, UM, THAT SPEAKER HAS DECLINED TO TO COMMENT TONIGHT.
SO LET'S PUT THAT ON THE RECORD.
THAT ON MS. PAT COX, AND I THINK THIS IS 2 0 7 MURDOCH WAY IS, IS THAT CORRECT? YES.
UM, CHUCK, I CAN'T READ YOUR LAST NAME.
UH, PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS.
AND I'M CHUCK HINDELANG, AND I LIVE AT 3 0 9 WILLARD TRAIL.
AND WHERE IS THAT ON THE MAP, ROUGHLY? UH, THAT IS, UM, ADJACENT TO MURDOCH.
YEAH, I HADN'T HEARD THAT ROAD BEFORE, AT LEAST IF I DID, I DIDN'T PAY ATTENTION, SO THANK YOU.
SO BASICALLY I HAVE TWO THINGS I'D LIKE TO ADDRESS TODAY.
AND FIRST OF ALL, UH, I UNDERSTAND YOU'RE ALL VOLUNTEERS, SO I REALLY APPRECIATE YOUR SERVING THE COMMUNITY.
AS LIZ SAID, BASICALLY, AM I DONE ALREADY? NO, NO, NO.
WE, WE GOT A MECHANICAL, UH, OR ELECTRONIC CHALLENGE.
UH, BASICALLY AS LIZ SAID, MURDOCH UH, ABUTS THE PROPOSED AREA THAT WE'RE TALKING ABOUT.
UH, I LIVED IN COMMUNITIES WHERE THEY, WHERE I'VE HAD APARTMENTS BEHIND ME.
AND IF THERE'S NO FENCE, YOU'RE GONNA HAVE PEOPLE FROM THE APARTMENTS COMING INTO YOUR BACKYARD.
UH, KIDS ARE KIDS, THEY'RE ADVENTURERS.
THEY'RE GONNA GO OUT AND THEY'RE GONNA FIND PLACES IN THE WOODS TO GO.
AND WHEN THEY GET TO THE END OF THE PROPERTY THAT WE'RE TALKING ABOUT, THEY'RE GONNA END UP IN PEOPLE'S BACKYARDS IN MURDOCH.
MY OTHER CONCERN IS THAT THEY WILL ALSO END UP AT OUR POND, WHICH IS COMMUNITY PROPERTY IN OUR HOA AND CURRENTLY MEMBERS THAT LIVE IN THE HOA, THEY'LL FISH THERE, THEY'LL BRING THEIR KIDS THERE.
WE'RE GONNA HAVE ANOTHER WHOLE GROUP OF KIDS GOING THERE.
AND PART OF THE CONCERN IS, AS WE ALL KNOW, IF ANYBODY'S INJURED THERE, IF SOMEBODY DROWNS IN THE LAKE, THE HOA IS GONNA BE SUED AND WE'RE NOT GONNA HAVE ANY CONTROL OVER THAT.
SO I FEEL IT'S VERY IMPORTANT TO HAVE A SECURITY FENCE ALONG THE MURDOCH LINE AND THEN TURNING RIGHT FROM THERE AND GOING BACK PAST OUR POND TO BASICALLY KEEP PEOPLE OUT OF THE NEIGHBORHOOD.
UM, SO I CAN'T MAKE A COMMENT ON PROPERTY VALUE, BUT I'D LIKE TO ASK YOU, WOULD YOU BUY A HOME WITH APARTMENTS IN THE BACK OR WITH A WOODED AREA IN THE BACK? UM, AND I CAN'T MAKE COMMENT ON TRAFFIC EITHER, EVEN THOUGH I LIVE THERE.
AND I COULD TELL YOU A LOT ABOUT IT.
UM, I DON'T KNOW IF YOU HAD THE OPPORTUNITY, BUT I WOULD SUGGEST THAT YOU GO THERE AND SEE WHAT THE TRAFFIC'S LIKE DURING RUSH HOUR.
AND MR. DUFFY, I APPRECIATE YOUR COMMENT.
OBVIOUSLY YOU KNOW A LOT ABOUT THAT, BUT WHAT, I'M SORRY, WHAT? YOU MADE A COMMENT EARLIER ABOUT THE TRAFFIC IN THE CHURCH AND HOW BUSY, UM, WELL WE'RE WE'RE HEADING TOWARDS AN OBJECTION HERE, SO LET'S, I KNOW WE CAN'T TALK ABOUT THAT.
WE WE'RE, LET'S, LET'S MOVE ON FROM THAT.
UH, SO THAT'S REALLY MY MAJOR CONCERN.
UM, MY MAJOR CONCERN BASED ON WHAT I CAN TALK ABOUT IS ACCESS TO OUR COMMUNITY FROM THE APARTMENTS.
UH, THE POND YOU'RE TALKING ABOUT, THIS IS THE POND AT THE VERY END OF WILLARD TRAIL.
THAT, AND YOU'RE SAYING THAT IS OWNED BY THE HOA THAT BELONG? THAT'S PART OF OUR HOA AND IT'S CONTROLLED BY THE HOA PART OF OUR COMMUNITY PROPERTY.
WHAT IS THE NAME OF THE HOA UH, GEE, I ACTUALLY DON'T KNOW THAT I'M UNPREPARED.
THE NAME OF OUR NEIGHBORHOOD, IT'S CROSSROADS CROSSROAD.
UM, AND DO YOU, AND YOU MIGHT NOT KNOW THIS, DOES THE HOA OWN THE, THE STREETS WITHIN THE NEIGHBORHOOD? MY UNDERSTANDING IS THEY DON'T, BUT I CAN'T SAY FOR SURE.
YEAH, WE'VE GOT AN AERIAL PHOTO UP ON IT RIGHT HERE.
AND JUST FOR THE RECORD, I'M LOOKING AT A GOOGLE MAPS PHOTO JUST TO GET A BETTER UNDERSTANDING OF WHAT YOUR TESTIMONY IS WITH REGARDS TO THE POND.
[01:45:01]
MR. CHAIRMAN, I HAVE A QUESTION OF THE YEP, PLEASE.IS YOUR HOA PERMIT ANY FENCING ON YOUR OWN PROPERTIES? IT DOES, TO MY KNOWLEDGE, IT DOES.
I KNOW THERE ARE PROPERTIES WITH FENCING, SO I HAVE TO ASSUME IT DOES.
BUT THERE IS NO FENCING CURRENTLY AROUND THE POND THAT THE HOA MANAGES? THAT'S CORRECT.
DO WE HAVE ANY ADDIT? AND THAT'S ANOTHER THING THAT WOULD PROBABLY COME UP IF SOMEBODY GOT HURT THERE, THEY'D LOOK AT THE HOA AND SAY, WHY DIDN'T YOU HAVE A FENCE AROUND THE POND? MM-HMM.
SO I THINK WE'VE EXHAUSTED, UM, ALL THE FOLKS THAT ARE ON THE LIST.
IS THERE ANYBODY HERE THAT DID NOT SIGN UP ON THE LIST THAT WOULD LIKE TO SPEAK? OKAY.
COME FORWARD AND PLEASE STATE YOUR NAME AND ADDRESS AND HELP US OUT WITH THE LOCATION OF WHERE YOU ARE.
UM, AND I GUESS I ALSO NEED TO SWEAR YOU IN SINCE WE, YOU WEREN'T, WERE YOU HERE WHEN WE DID THE YES.
SO YOU DID DO, SO YOU WERE SWORN IN? YEAH, I WAS HERE.
JUST, JUST TO BE CLEAR, YOU WERE PRESENT FOR THE SWEARING IN, BUT DID YOU, WERE YOU SWORN YOURSELF? NO, I DIDN'T HAVE MY MEETING.
I DIDN'T HAVE, I DIDN'T STAND UP TO SAY I WAS GONNA SPEAK AT THE TIME, SO WE DO NEED TO, YOU NEED, OKAY.
SO WE NEED TO GET YOU TO RAISE YOUR HAND AGAIN AND YEP.
DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
UM, AND THEN I DON'T KNOW IF WE GOT YOUR NAME AND ADDRESS AND NO, I'LL GIVE IT TO YOU RIGHT NOW.
JOHN ROCK, TWO 20 MURDOCH WAY.
AND WHERE IS THAT ON THE MAP? I, I BOUGHT UP IT ON THE RIGHT SIDE TOWARD THE END ON UH, THE PROPERTY ON THE RIGHT, ON THE MAP.
IT'S THE SECOND HOUSE ON THE END.
I JUST GOT A COUPLE, I DON'T KNOW, PROPOSALS OR THINGS THAT MAYBE IT COULD BE ADJUSTED OR CHANGED.
UM, THE ACCESS ROAD, THEY SAID IT WAS ONLY GONNA BE MAYBE 10 OR 15% OF PEOPLE THAT MIGHT BE USING IT.
WOULD IT BE POSSIBLE TO MAKE AN A, I DUNNO WHAT THE WORD IS, UH, AGREEMENT TO USE THAT JUST IN EMERGENCY SITUATIONS ONLY, EVEN THOUGH IT WILL BE THE SECOND ACCESS ROUTE INTO THERE, BUT ONLY USED FOR EMERGENCIES.
AS, YOU KNOW, SOMETHING HAPPENS OVER THERE, THEY OPEN IT UP SO PEOPLE CAN GET OUT, OTHERWISE IT STAYS CLOSED.
UH, PEOPLE WOULD BE MORE RECEPTIVE TO THAT IN OUR DEVELOPMENT IF THAT WAS A POSSIBILITY.
UM, THE OTHER THING IS, LIKE THEY ALSO SAID WITH THE BUFFER FOR THE PRIVACY AND SAFETY, A LITTLE BIT BIGGER BUFFER THAN 10 FEET, IF IT COULD BE 30 OR 40 FEET, LIKE THEY SAID, A THREE STORY HOUSE WITH THE WOODS RIGHT THERE, IT GIVES YOU A LITTLE MORE PRIVACY, A LITTLE MORE BUFFER.
EVEN THOUGH AS THE GENTLEMAN SAID THAT KIDS WILL BE KIDS, SOMETHING MIGHT HAVE TO BE DONE.
BUT IF A BIGGER PRIVACY OR BUFFER ZONE COULD BE PUT DOWN MURDOCH WAY BETWEEN THE DEVELOPMENT IN OUR HOUSES, OUR BACKYARDS, IT WOULD BE A LITTLE MORE ACCEPTABLE.
UM, AND THEN THAT THE SEWER LINE, WHICH WAS NOT MENTIONED AT THE FIRST MEETING WE WENT TO, IS THAT GONNA BE CONNECTED INTO THE POND IN OUR, OUR PROPERTY OR IS THAT GONNA BE CONNECTED SOMEWHERE ELSE? AND WOULD IT AFFECT LIKE SOME, I THINK SOMEONE ASKED WOULD IT AFFECT OUR WATER AND OUR SEWER AND STUFF LIKE THAT IN OUR NEIGHBORHOOD, IF THAT'S HOOKED INTO OUR STUFF.
'CAUSE THAT WAS NEVER PROPOSED OR TOLD TO US AT THE LAST MEETING, THAT'S SOMETHING NEW.
JUST SOME IDEAS THAT THEY MAYBE MAKE ADJUSTMENTS OR CHANGES OR, YOU KNOW, IDEAS THAT COULD BE ACCEPTED MAYBE.
UM, UH, DO MANY BOARD MEMBERS HAVE QUESTIONS? OKAY, THANK YOU.
SO I GUESS WE'VE ARE AT A POSITION THAT WHERE WE CAN CLOSE THE PUBLIC COMMENT BEFORE WE, UH, HAVE MR. REMINGTON WITH HIS REBUTTAL, ARE THERE ANY QUESTIONS OR DISCUSSION THAT WE SHOULD ENTERTAIN CURRENTLY? I WOULD GO AHEAD.
I I I WOULD JUST, I WOULD JUST SAY THAT I DON'T, I DON'T THINK WE NEED TO HAVE ANY, I MEAN, I DON'T HAVE ANYTHING FOR DISCUSSION PRIOR TO THE REBUTTAL, BUT I WOULD ASK THAT AFTER WE DO THE REBUTTAL THAT WE MAYBE TAKE A FIVE MINUTE BREAK BEFORE WE COME BACK FOR CONSIDERATION.
SO I GUESS WE'RE, IT'S TIME FOR, HOLD ON.
WE, WE DO HAVE AN OPPORTUNITY TO ASK QUESTIONS AND WE'LL DO OUR BEST AND MAYBE ERIC WILL ANSWER YOUR QUESTION WHEN HE DOES THE REBUTTAL PART.
[01:50:01]
OF ALL, AGAIN, I ASK THE, UH, BOARD TO KEEP IN MIND THAT THIS IS A USE PERMIT HEARING.IT IS NOT THE, UH, TECHNICAL DRAWING STAGE, AND IT IS NOT THE PLANNING STAGE OF THIS PROCESS.
THIS, UH, PROJECT WILL HAVE TO GO THROUGH A NUMBER OF SIGNIFICANT PERMITTING PROCESSES, INCLUDING A STORMWATER PERMITTING PROCESS, WHICH SEEMED TO BE ONE OF THE CONCERNS OF TWO OF THE FIRST SPEAKERS.
UM, AND I'M GONNA ASK, UH, MR. SMITH TO COME UP AND, AND SPEAK TO THAT IN JUST A SECOND.
BUT IF YOU LOOK AT THE DRAWINGS, UM, THERE IS A SIGNIFICANT STORMWATER POND THAT IS GOING TO BE PUT ONTO THIS PROPERTY, AND THAT'S GOING TO BE BASICALLY AROUND THE, THE PROPERTY.
AND I BACK TO, UH, CAN YOU GO BACK TO THE, UH, DRAWING THAT HAS THE, THE GREEN AND SHOWS THE BUFFERING AND THINGS PLEASE.
UM, FOR THE FOLKS THAT WE'RE TALKING THAT LIVE ON MURDOCH DRIVE AND STUFF LIKE THAT, I WOULD JUST NOTE THAT THAT, THAT THESE, YOU KNOW, THIS BUFFER AREA IS GOING TO BE, WELL, FIRST OF ALL, THERE'S ONLY ONE BUILDING ON THAT SIDE OF THE PROPERTY.
SO THE SETBACK IS REALLY NOT JUST 10 FEET.
I MEAN, IT'S, IT'S ALL OF THE AREA THAT'S IN THAT PLANTED FOUR POINT 0.4 ACRE AREA.
AND THOSE ARE ALL GONNA BE VEGETATIVE TREES.
THERE'S GONNA BE THE 10 FOOT WIDE BUFFER, THERE'S THE 2.2 ACRES, AND THEN THERE'S THE STORMWATER POND, WHICH LOOPS AROUND THE PROPERTY THERE.
UM, SO THIS IS, THERE'S GONNA BE SIGNIFICANT BUFFERING BETWEEN THEM AND THE NEXT PROPERTY OVER.
UM, THERE ARE NO REQUIREMENTS OF CHAIRMAN TAK, YOU MENTIONED A CAMMA PERMITTING PROCESS.
UH, FOR THIS PARTICULAR PROPERTY, THERE IS NO CAMERA PERMITTING PROCESS, BUT THEY WILL GO THROUGH STORM WATER, UH, PROPOSALS AND PROCESSES AND STUFF LIKE THAT.
UM, HOW FAR IS IT FROM THE LINE AGAIN? I THINK IF YOU LOOK AT THE DRAWINGS, THE, THE, AGAIN, THAT ONE BUILDING THAT'S ON THE MURDOCH SIDE IS, IS, UM, THE ENGINEERS WILL BE ABLE TO TELL YOU MORE ABOUT HOW FAR THAT IS EXACTLY FROM THE LINE.
THAT'S APPROXIMATELY 50 FEET FROM THE PROPERTY LINE THAT, THAT CLOSEST CORNER.
AND SO AND SO, AND THERE'S GONNA BE THAT VEGETATIVE BUFFER BETWEEN THAT.
UM, SO THAT IT'S GONNA BE, UH, AGAIN, THERE'S GONNA BE A PLANTED AREA OF VEGETATIVE BUFFER BETWEEN THAT AND THE MURDOCH PLAINS.
UM, WITH REGARD TO THE ACCESSES, UH, THE, YOU KNOW, THE, I BELIEVE THE ORDINANCE REQUIRES THERE TO BE TWO POINTS OF ACCESS FOR PROPERTIES LIKE THIS.
AND THE LAND USE ORDINANCES AND NEW BURNS ORDINANCES FAVOR CONNECTIVITY OF SUBDIVISIONS AND OTHER PARCELS.
AND THAT IS WHAT THIS IS DOING.
UH, IT'S NOT BEEN MENTIONED, BUT THERE'S ACTUALLY A ROADWAY THAT'S RESERVED THAT GOES FROM HONEYCUTT COURT ALL THE WAY OVER TO THE SHEETS STATION THERE.
AND IT'S SHOWN ON THE, UH, ONE OF THE MAPS WHERE THERE'S THAT RESERVED AREA.
AT SOME POINT IN TIME, THAT ROAD MAY END UP BEING PUT IN THERE.
THAT GOES FROM HONEYCUTT COURT ALL THE WAY ACROSS, UH, TO THE SHEETS STATION WHERE THIS, WHERE THE OTHER ENTRANCEWAY WILL BE.
SO, YOU KNOW, AGAIN, THERE, THERE MAY BE OTHER ACCESS POINTS AT SOME POINT LATER OUT TO WASHINGTON POST ROAD FROM THE COMMERCIAL PROPERTIES AND THINGS LIKE THAT.
BUT THE CITY DOES FAVOR CONNECTIVITY.
MR. REMINGTON, YOU MENTIONED, YOU MENTIONED, UM, THAT THE ORDINANCE, YOU SAID THE ORDINANCE REQUIRES TWO POINTS OF ENTRY? I, I BELIEVE THAT'S CORRECT.
UM, AND THAT'S WHY, AND THAT'S WHY I THINK THEY HAVE, UH, THE, YOU KNOW, THAT'S WHY IT'S BEEN DESIGNED THIS WAY.
UM, BUT AS IT, AS IT STANDS NOW, THE, WHICH AS IT STANDS NOW, THE ACTUAL PROPERTY OWNERS OWN BOTH THIS LAND, THIS PROPERTY AND THE PROPERTY THAT SHOWS THE SECOND, THE, THE PRIMARY ACCESS POINT ONTO WASHINGTON POINT ROAD.
AND FROM HIS TESTIMONY, THERE WILL BE A EASEMENT OR SOME RIGHT OF WAY ACCESS GIVEN TO THE NEW PROPERTY OWNERS ONCE HE SELLS TO ALLOW THAT SECOND POINT OF ACCESS.
MR. FERGUSON, I CAN, I CAN SPEAK TOWARDS THE REQUIREMENT OF THE SECOND ACCESS AS WELL AS THE, UH, ENCOURAGEMENT OF CONNECTIVITY.
SO THE CURRENT LAND USE ORDINANCE DOES NOT REQUIRE SECOND POINT OF ACCESS.
UH, SECOND POINT OF ACCESS IS REQUIRED AS AN APPENDIX TO FIRE CODE, UH, WHICH THE CITY HAS NOT ADOPTED.
I DID WANT TO ADDRESS QUICKLY THE, THE SEWER LINE THAT'S GONNA GO CROSSING AGAIN, I THINK, UH, OUR ENGINEERS WOULD BE ABLE TO ADDRESS IT A LITTLE BIT BETTER.
BUT MY, MY UNDERSTANDING THAT'S A SEWER LINE THAT'S GONNA BE CONNECTED TO AN EXISTING SEWER LINE.
UH, AND AGAIN, THE CITY, YOU KNOW, ENCOURAGES THAT THAT, YOU KNOW, WATER AND SEWER BE CONNECTED, UH, FROM EXISTING LINES.
UH, IT, YOU KNOW, AGAIN, WE'LL HAVE TO GO THROUGH SIGNIFICANT PERMITTING, UH, AND THE ENGINEERS WILL DEAL WITH, UH, CITY AND OTHER REGULATORY AGENCIES IN ORDER TO GET THAT PERMITTED.
UM, IT'S MY UNDERSTANDING FROM
[01:55:01]
TALKING TO, UH, THE REPRESENTATIVE CABINETS AND KATES THAT THERE WILL BE A FENCE THAT'LL BE ALL THE WAY AROUND THE STORMWATER POND ON OUR PROPERTY, NOT NECESSARILY ON THEIRS.THAT'S UP TO THE HOA, BUT, BUT THERE WILL BE A FENCE THERE AROUND THAT POND.
YOU, YOU SAID, AND YOU SAID THIS EARLIER, SO I'M SORRY TO HAVE TO GET YOU TO REPEAT THIS, THE STORMWATER POND FOR THIS PROPERTY, IS IT, THIS IS THE, LIKE THE LIGHT GREEN AREA THAT GOES ALL AROUND OR? THAT'S CORRECT.
THAT IS ALL THE STORMWATER POND.
AND YOU'RE SAYING THERE'S GONNA BE A FENCE ALL THE WAY AROUND THAT AREA? THAT'S MY UNDERSTANDING.
AND IT'S ALSO MY UNDERSTANDING FROM THE D AND JUST FOR THE RECORD, THE DRC, WHAT IS THIS CALLED? THE COMMENT REPORT DATED FEBRUARY 23RD, 2024 THAT SAYS THE COMMENTS GENERATED FROM THE DRC SPECIFICALLY ADDRESSES THAT THERE WILL BE TWO COMPLETE SETS OF UTILITY CONSTRUCTION PLANS SUBMITTED TO, UH, DEPARTMENT OF PUBLIC UTILITIES FOR A COMPLETE REVIEW OF THE WATER AND SEWER SYSTEMS. AND THE PROJECT WILL INVOLVE AN EXTENSION OF THE CITY'S WATER AND SANITARY SEWER SYSTEMS. AND EACH EXTENSION WILL NEED TO BE PERMITTED THROUGH THE APPROPRIATE STATE AGENCIES.
UM, AND PERMIT APPLICATIONS CAN BE SUBMITTED FOR REVIEW ALONG WITH THE PLANS AND SPECIFICATIONS.
SO THAT IS THE OTHER PHASE, THE MULTIPLE PHASES YOU WERE REFERRING TO, WHICH INCLUDES THE WATER RESOURCES WITHIN THE DRC COMMONS, RIGHT? THAT'S CORRECT.
THERE WILL BE, YOU KNOW, THIS WILL HAVE TO GO THROUGH PRELIMINARY SITE PLAN APPROVAL.
IT WILL HAVE TO GO THROUGH, UH, UTILITY PLAN APPROVAL.
IT WILL HAVE TO HAVE THE ACTUAL LANDSCAPING.
THERE'LL BE BUILDING PERMITS THAT WILL BE ISSUED FOR THIS PROPERTY AND, AND OTHER THINGS.
SO, AND GIVEN THE FACT THAT YOU HAVE A PROPOSED SEWER LINE GOING ALONG THE BACK OF THE PROPERTY, THERE'S, TO YOUR KNOWLEDGE, NO PLANS FOR A ROAD TO BE BUILT THROUGH THAT TO TRY TO DO ANY TYPE OF CONNECTION BECAUSE ONE, YOU HAVE A STORMWATER POND AND YOU HAVE A SEWER LINE THERE, RIGHT? THAT'S CORRECT.
IT, IT WOULD ESSENTIALLY JUST BE A, A GRASSY AREA THAT'S IN BETWEEN THE TREES SO THAT IT COULD BE ACCESSED FOR MAINTENANCE.
SO MY QUESTION THEN WOULD BE, SINCE THERE WAS A COMMENT ABOUT THIS, THE SEWER LINE, I THINK GOING TO THE ADJOINING PROPERTIES STORM WATER POND, LET'S MAKE SURE THAT WE ALL HAVE THE IDEA THAT THERE'S, WE'RE TALKING ABOUT TWO DIFFERENT THINGS HERE.
THE SEWER LINE BEING THE, UH, HOMEOWNERS OR THE RENTERS EFFLUENCE VERSUS STORM WATER BEING WHAT COMES DOWN DURING A STORM AND IS COLLECTED AT A CERTAIN AMOUNT, UM, TO STOP RUNOFF.
UM, AM I, AM I SAYING THAT PROPERLY? THAT'S CORRECT.
SO IN AN EVENT LIKE THE LAST TWO DAYS WHERE IT'S BEEN RAINING AND STUFF, THEY, THE HOA HAS A STORM WATER POND THERE THAT IS COLLECTING RUNOFF FROM THEIR STREETS AND SUBDIVISION IN THE BACK OF THEIR COMMUNITY.
AND AN ENGINEER TOOK A LOOK AT THAT AND DESIGNED IT SO THAT THE WATER SUPPOSEDLY WOULD FLOW INTO THAT SAME THING HAS HAPPENED HERE AND WILL HAPPEN IN MORE AND IN GREATER DETAIL.
WE ACTUALLY SUBMITTED A STORMWATER PLAN WITH THE DEVELOPMENTAL, UH, DEVELOPMENTAL, UH, COMMITTEE SITE REVIEW PLAN PROCESS.
AND SO THAT'S ACTUALLY BEEN LOOKED AT BY THE DEVELOPMENTAL REVIEW COMMITTEE AND HAS BEEN BEEN, YOU KNOW, ANALYZED TO SOME EXTENT.
UH, THERE COULD BE SOME MINOR CHANGES MADE TO IT AND THINGS LIKE THAT.
BUT THE, YOU KNOW, THIS WATER FROM THIS PARTICULAR PROJECT HAS TO BE DEVELOPED IN A WAY SO THAT THERE IS, YOU KNOW, CONTROL OF THE RUNOFF FOR CERTAIN LEVELS OF STORM EVENTS.
AND I BELIEVE THAT THE MODELING FOR THIS WAS A HUNDRED YEAR STORM EVENT.
AND I THINK JUST TO, TO MR. REMINGTON'S POINT, 'CAUSE I LOOKED AT THIS EARLIER THAT IN THE, THE PACKET WE RECEIVED THE APPLICATION, THERE IS A OVERALL GRADING AND DRAINAGE PLAN THAT WAS SUBMITTED.
IS THAT THE PLAN YOU'RE REFERRING TO THAT WAS SUBMITTED, YES.
AND IT, AND IT'S A PA IT'S A PART OF EXHIBIT NUMBER TWO UNDER TAB TWO OF, OF THE BINDER THAT I GAVE YOU.
I'VE INCLUDED THAT WHOLE, UM, PACKET THAT WAS SUBMITTED TO THE, FOR THE DEVELOPMENTAL SITE PLAN REVIEW.
AND IT SHOWS THE STORM WATER PLANS IN IT.
SO DO WE HAVE ANY IDEA HOW MUCH RAINFALL WOULD BE ASSOCIATED WITH A RAIN EVENT THAT THE STORM WATER SYSTEM COULD HOLD? AND FIRST OF ALL, DO YOU, DO YOU AGREE WITH YOUR THINGS THAT I'VE SAID SO FAR? I, I DO, I DO.
UM, LET ME TRY TO HELP THE AUDIENCE AND THE BOARD WITH THE STORM WATER RUNOFF.
QUESTIONS NUMBER FIRST IS FOR THE RESIDENTS ON BRIARWOOD, I'VE NOT STUDIED THEIR BACKYARDS.
[02:00:01]
I DON'T DOUBT THAT THEY HAVE FLOODING, ESPECIALLY IN EXCEPTIONAL RAINFALL EVENTS.WE WILL BE DIVERTING ALL OF THE, ALL OF THE RUNOFF FROM THE IMPERVIOUS, FROM THE, FROM THE PARKING AREAS, FROM THE BUILDINGS INTO THE STORMWATER POND, WHICH MR. FERGUSON WAS ASKING ABOUT.
WE'RE GOING TO BE RELEASING THAT AT THE BACK OF THE PROPERTY.
SO HOPEFULLY, I CAN'T SAY ABSOLUTELY, BUT WE'RE TAKING ALL OF THAT WATER, WHICH NOW GOES IN DIFFERENT DIRECTIONS AND TAKING IT OUT THE BACK OF THE PROPERTY CLOSER TO THE NEWS RIVER.
UM, OUR BUFFERS NOW, THEY MAY DRAIN AS THEY ARE CURRENTLY BUFFERED.
I MEAN THE EXISTING TREES, IF THEY DRAINED INTO THOSE PROPERTIES, THEN THEY'RE, THEN THIS, IT'S, BUT WE'RE REDUCING THE DRAIN HERE IF YOU WOULD, JUST BECAUSE WE DID IT FOR EVERYBODY ELSE.
YOU KNOW, WE, WE ARE TAKING ALL OF THE IMPERVIOUS AND YOU SEE WHERE THE, UM, THE, THE TOP CORNER OF THE 2.2 ACRES OF OPEN SPACE WE'RE RE THAT'S, THAT THE OUTLET FOR THE, FOR THE STORMWATER POND WILL BE THERE.
SO AS, AS FAR AWAY FROM THOSE NEIGHBORS AS IT CAN POSSIBLY BE, UH, REGARDING THE SANITARY SEWER, THERE IS AN EXISTING MANHOLE AT THE END OF WAR WARLOW TRAIL, WHICH IS, UH, THE BACK OF THE MURDOCH NEIGHBORHOOD ADJACENT TO THEIR POND.
WE'LL BE TYING THE SEWER THERE, THAT WILL HAVE NO IMPACT ON THE EXISTING POND FOR THAT NEIGHBORHOOD.
UM, OTHER QUESTIONS ABOUT BUILDING SEPARATION.
THE BUILDING IN THE, IN THE FRONT RIGHT CORNER OF THE PROPERTY THAT SORT OF ADD A DIAGONAL TO THE, TO THE MURDOCH NEIGHBORHOOD, THAT CLOSEST CORNER IS 50 FEET FROM THE NEIGHBORHOOD.
THE NEXT BUILDING OVER IS 350 FEET FROM THE NEIGHBORHOOD COMING TO THE OTHER SIDE, THE LEFT SIDE OF THE SITE, THE CLOSEST BUILDING, UM, WHICH WOULD BE AT THAT TOP CORNER IS 140 FEET FROM THE PROPERTY, UH, UH, SHARED WITH THAT NEIGHBORHOOD.
SO THE, THE APARTMENT BUILDINGS THEMSELVES WITH THE, WITH THE ONE EXCEPTION, AS ERIC STATED, THEY'RE, THEY'RE SIGNIFICANTLY WAY.
AND I AGREE WITH ERIC ABOUT THE, WE, OUR MINIMUM BUFFERS ARE 10 FEET, BUT WE SEE THE PLANTED AREAS.
WE, OR IN, IN THE CASE OF THE ONE BUILDING, IT'S, YOU KNOW, MORE THAN 10 FEET THAT WE'RE, WE'RE GOING TO BE LANDSCAPING.
AND IF WE CAN SAVE EXISTING VEGETATION IN THERE, THAT IS VIABLE AND WORTH SAVING TO HELP OUR RESIDENTS AS WELL AS THE, THE ADJOINING RESIDENTS.
I I HEARD THE WORD SAVE VEGETATION.
SO WOULD THAT, MY FIRST QUESTION, I'VE GOT A THREE PART QUESTION.
I'LL TRY TO DO ALL THREE TO START WITH.
SO THE WORD SAVED, DOES THAT MEAN SOME OF THE EXISTING VEGETATION IS GONNA BE, UM, RESIDUAL? IN OTHER WORDS, IT WON'T ALL BE REMOVED? TWO.
UM, THE DEFINITION OF A 10 FOOT WIDE TIGHT B BUFFER, AND THEN THREE, THE DEFINITION OF A 10 FOOT WIDE TIGHT C BUFFER.
WE, WE WILL SAVE ALL OF THE EXISTING VEGETATION THAT IT MAKES SENSE TO SAVE BECAUSE IT'S, IT'S MORE BENEFICIAL, IT JUST IS.
UM, BUT IN AREAS WHERE WE HAVE REALLY THICK PINES THAT ARE, YOU KNOW, MAYBE TWO TO THREE INCHES IN DIAMETER AND THEY'RE THREE AND FOUR FEET APART, WHEN YOU REMOVE THE, THE, WHEN YOU DEVELOP THE SITE, THOSE, THOSE TREES WILL LIKELY BLOW OVER BECAUSE THEIR ENVIRONMENT HAS CHANGED.
REGARDING THE BUFFERS, I PREFER TO REFER TO STAFF ON WHAT THE REQUIREMENTS FOR THE TYPE B AND TYPE C BUFFERS.
SO AS FAR AS FOR THE TYPE B, THEY, THEY HAVE IT DISTINGUISHED CORRECTLY.
THE WIDTH YARD BEGINS AT 10 FEET AND THAT'S WHERE IT'S IN ACCORDANCE TO THE LAND USE ORDINANCE.
SO WE CAN'T PUSH ANY FURTHER THAN THAT.
SO BOTH FOR TYPE C AND TYPE B, THERE'S REALLY NO DIFFERENTIATION BETWEEN THE TWO.
TYPE B AND C REFERS TO THE, THE DENSITY AND SEPARATION OF THAT VEGETATION AS TO HOW OPAQUE THAT BUFFER IS.
SO A TYPE CI BELIEVE IS, IS THE MORE FLEXED, WHAT WAS THAT? IT'S, UH, AS FAR AS I WOULD UNDERSTAND IT, IF I'M REMEMBERING CORRECTLY, THE TYPE B IS A STRICTER SCREENING STANDARD VERSUS TYPE C, WHICH IS MORE LAXED, UM, WITH THE ACTUAL OPAQUENESS OF THE VISUAL, I GUESS.
SO WHEN WE USE THE WORD OPAQUE, UM, I GUESS THE ONLY WAY I CAN REALLY SEE IT, I, I, I THINK ABOUT PINE TREES PER ACRE OR SOMETHING, AND I, I KNOW PINE TREES WERE ALREADY USED AND BEING FOUR, YOU KNOW, FOUR INCH TREES, HOW MANY TREES PER ACRE ARE WE TALKING ABOUT? AND HOW MUCH VISUAL SITE IS THERE THROUGH? SO HOW, WHEN, WHEN WE SAY THAT, YOU KNOW, WE ALL LOOK AT, UH, OLD COMPUTER PROGRAMS AND, AND, AND WE KNOW DENSITY AND WE KNOW OPAQUENESS AS WE LOOK THROUGH A PHOTO, BUT HOW DO YOU RELATE THAT TO NUMBER OF TREES AND LOOKING THROUGH A, UM, FROM ONE SIDE TO THE OTHER? THE SEPARATION DISTANCE BETWEEN PLANTINGS IS, IS THE LEVEL OF OBESITY.
[02:05:01]
IS THERE A NUMBER THAT WE CAN USE? YOU KNOW, DO WE KNOW THAT THERE'LL BE, UM, OH, I DON'T KNOW, 20 FEET OF, OF DENSITY AND THEN TWO FEET OF VISUAL, UH, IMPACT? AND, AND I'M ASKING BECAUSE I KNOW THIS WAS A BIG CONCERN OF THE RESIDENTS, UM, AND WHY THEY ASKED ABOUT A FENCE.AND WE, WE DO, WE HAVE, UM, DETERMINED THAT WE NOW HAVE A 50 FOOT BUFFER, WHICH I THINK ORIGINALLY WAS THOUGHT TO BE POTENTIALLY 10, BUT IF THE OPAQUENESS OF A 10 FOOT BUFFER, WHAT I'M, WHAT I'M HEARING COULD BE ACTUALLY DENSER, UM, THAN THAT OF A 50 FOOT BUFFER.
SO THAT'S WHY I'M TRYING TO RELATE THIS TO WHERE WHEN EVERYBODY LEAVES, THEY GET A KIND OF GOOD UNDERSTANDING OF WHAT WE'RE TALKING ABOUT.
AND WE ALL HAVE A GOOD THOUGHT PROCESS WHEN THE DECISION IS MADE.
CHAIRMAN, WE'RE BOTH GONNA TRY TO SEE IF WE COULD GET YOU THAT ANSWER.
I I, YEAH, I FIGURED WHEN WE WERE LOOKING AT THIS, HOW FAR, HOW, HOW FAR IS THIS THE ONE BUILDING THAT WE'VE HEARD QUITE A BIT OF CONCERN OVER? UH, HOW FAR IS IT FROM THE NEIGHBORHOOD? I THINK YOU SAID THAT THAT CLOSEST CORNER OF THE BUILDING IS 50 FEET FROM THE PROPERTY, ROUGHLY APPROXIMATELY 50 FEET FROM THE PROPERTY LINE 50, YOU SAID IT'S APPROXIMATELY 50 FEET.
SO A TYPE C IS A BROKEN SCREEN, UH, A SCREEN COMPOSED OF INTERMITTENT VISUAL OBSTRUCTION FROM THE GROUND TO A HEIGHT OF AT LEAST 20 FEET.
THE BROKEN SCREEN IS INTENDED TO CREATE THE IMPRESSION OF A SEPARATION OF SPACES WITHOUT NECESSARILY ELIMINATING VISUAL CONTACT BETWEEN THE SPACES AND THE DESCRIPTION GOES ON.
UM, AND WE'RE TALKING ABOUT FOR EVERY LINEAR 100 FEET OR FRACTION THEREOF, THE SCREEN MAY CONSIST OF A COMBINATION OF AT LEAST TWO CANOPY OR ORNAMENTAL TYPE TREES.
EACH HAVING A MINIMUM CALIBER OF AT LEAST TWO INCHES AND SHRUBBERY THREE FEET IN HEIGHT, THAT COVERS AN AVERAGE OF 20% OF THE SCREEN AREA, OR FIVE CANOPY OR ORNAMENTAL TREES EACH HAVING A MINIMUM CALIBER OF TWO INCHES AND THAT THAT'S THE TYPE C.
AND, AND THOSE ARE MINIMUM NUMBERS.
UH, A TYPE B IS A SEMI OPAQUE SCREEN OPAQUE FROM THE GROUND TO THE HEIGHT OF THREE FEET WITH INTERMITTENT VISUAL OBSTRUCTION FROM ABOVE THE OPAQUE PORTION TO A HEIGHT OF AT LEAST 20 FEET.
IT IS INTENDED TO PARTIALLY BLOCK VISUAL CONTACT BETWEEN USES AND TO CREATE A STRONG IMPRESSION OF THE SEPARATION OF SPACES.
FOR EVERY LINEAR 100 FEET OR FRACTION THEREOF, A SCREEN SHELL CONSISTS OF AN AVERAGE OF TWO CANOPY TREES, EACH WITH A MINIMUM CALIBER OF TWO INCHES.
SAID TREES IN FIVE YEARS SHALL REACH A HEIGHT OF AT LEAST 20 FEET AND SHALL HAVE AN AVERAGE CANOPY SPREAD OF 15 FEET.
THE OPAQUE PORTION OF THE SCREEN MUST BE OPAQUE IN ALL SEASONS OF THE YEAR.
IF SHRUBBERY USED SAID SHRUBBERY SHALL BE EVERGREEN PLANTING MATERIALS AND BE SPACED TO PROVIDE A SOLID SCREEN IN TWO YEARS.
SO FOR THESE, THE INTENT OF A TYPE B SCREEN IS TO BLOCK THE VISUAL INTO OR OUT OF THE PROPERTY.
AND THERE ARE, UM, STANDARDS FOR WHEN THAT GROWTH HAS TO BE AT A CERTAIN POINT.
SO IF THE TREES AREN'T MEASURING TO A CERTAIN HEIGHT, IF THE LEVEL OF OPAQUENESS ISN'T ADEQUATE, YOU COULD IN THEORY HAVE THE DEVELOPER RESOLVE THAT ISSUE BECAUSE IT'S NOT PERFORMING THE STANDARD.
SO JUST TO MAKE A LITTLE DIS, I HOPE EVERYBODY IN THE AUDIENCE HEARD WHAT WAS UH, STATED.
I THINK WHAT I HEARD WAS, UM, IN TWO YEARS IT WAS SUPPOSED TO BE A HUNDRED PERCENT, UM, BUFFER ON THE TYPE B, WHICH THE TYPE B IS THE ONE THAT ADJOINS THE PROPERTY THAT HAVE BEEN IN QUESTION, UM, AND BE ABLE TO OBTAIN 20 FEET MINIMUM.
UM, SO THAT'S PRETTY SIGNIFICANT.
I, I'M HERE WHAT I'M HEARING ANYWAY.
AND IF, IF I SAID THAT WRONG, PLEASE CORRECT ME, THE TREES WOULD'VE TO BE 20 FEET IN HEIGHT WITH A CANOPY SPREAD OF 15 FEET.
AND ALL THE SHRUBS WOULD'VE TO BE COMPLETELY OPAQUE TO A CERTAIN HEIGHT, UH, AND DEPTH.
UM, DO WE HAVE ANY ADDITIONAL QUESTIONS OR COMMENTS, DISCUSSION CURRENTLY? N NOT FOR, UH, YEAH.
JUST TO CLARIFY, ON THE BUFFER, UM, THAT IS THE BUFFER THAT
[02:10:01]
COMPLIES AND, YOU KNOW, UM, AND THAT YOU'RE PROPOSING, UM, IS THE DARK GREEN AREA AT THE BOTTOM RIGHT? IS THAT CORRECT? THE VISUAL THERE'RE SHOWING FAR EXCEEDS WHAT THE CITY REQUIRES.THAT'S, THAT'S MY ONLY QUESTION.
DID THAT ANSWER YOUR QUESTION? YES, IT DID.
I, I HAVE A QUESTION FOR THE TRAFFIC, THE TRAFFIC EXPERT, AND I'M SORRY, I KNOW THAT'S NOT YOUR OFFICIAL TITLE.
WHEN YOU DID YOUR TRAFFIC IMPACT ANALYSIS, DID YOU TAKE INTO CONSIDERATION THE CHURCH? NO, NO TRAFFIC IMPACT ANALYSIS WAS PERFORMED.
UM, SO CAN YOU JUST WALK, SO HOW DID YOU, WHAT I'M LOOKING AT IS UNDER TAB FIVE, THE TRAFFIC IMPACTS TABLE WITH SOME INFORMATION.
AND I UNDERSTAND THAT IT'S NOT REQUIRED GIVEN THE FACT THAT IT'S UNDER THE 3000 THRESHOLD.
UM, AND SO HOW DID YOU COME UP WITH THE NUMBERS THAT YOU LISTED HERE DURING DAILY TRIPS? A M PEAK HOURS, PM PEAK HOURS, THE, THE DAILY TRIPS WERE DEVELOPED DURING A TRIP GENERATION ANALYSIS, UH, IN ACCORDANCE WITH THE INSTITUTE OF TRANSPORTATION ENGINEERS TRIP GENERATION MANUAL.
SO THERE, THERE'S A, IT'S A MANUAL.
THERE'S VARIOUS LAND USE TYPES.
YOU SELECT A LAND USE TYPE AND, AND INPUT THE NUMBER OF, UH, UNITS IN THIS CASE, DWELLING UNITS.
AND, UH, UH, YOU USED THE STATISTICAL ANALYSIS IN, IN, UH, THE TRIP GENERATION MANUAL TO CALCULATE THE NUMBER OF TRIPS, BOTH DAILY AS WELL AS, UH, AM AND PMP HOURS.
DID, DOES THE DATA TO YOUR KNOWLEDGE, WITHIN THE MANUAL THAT YOU'RE PULLING FROM IN THIS, IS IT REGIONAL DATA, NATIONAL DATA? IT'S NATIONAL DATA.
UM, DOES IT TAKE INTO CONSIDERATION WHICH WAYS ON AND AGAIN, ON, ON THE, MY CONCERN IS ON THE WAY, UM, OUT, NOT ON THE WAY IN, BECAUSE I, YOU KNOW, I'VE SEEN IT.
UM, DOES IT TAKE INTO CONSIDERATION WHICH WAYS THE CARS WILL RETURNING AS THEY COME OUT HONEYCUTT ROAD? UH, THE, THE TRIP GENERATION ANALYSIS DOES NOT, BUT WE DID, UH, DO A PRELIMINARY TRIP DISTRIBUTION ASSESSMENT TO LOOK AT AND ESTIMATE THE PERCENTAGE OF TRIPS THAT WOULD BE TRAVELING EACH DIRECTION.
BOTH, UH, NORTH ON, UH, NC 43, UH, SOUTHEAST ON NC 40, UM, SOUTHEAST ON NC 55, UH, SOUTHWEST ON NC 43 AND NORTHWEST ON NC 55 TO, TO DEVELOP A DISTRIBUTION OF TRIPS AND ANALYSIS OF WHICH DIRECTIONS THEY WOULD BE COMING FROM.
WE SUBMITTED THAT TO, UH, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AS, AS WITH OUR TRIP GENERATION ANALYSIS, UM, UH, FOR THEIR REVIEW.
BUT WAS THAT DONE ON SITE OR IS THAT BASED ON ACTUAL TRAFFIC LEAVING THE PLACE, OR IS THAT JUST NO, THAT IS NOT BASED ON ACTUAL TRAFFIC LEAVING THE SITE.
I'VE, I'VE GOT A QUESTION THERE, THERE SOMEWHERE DURING THE, THE COMMENT PROCESS, UH, 60 FOOT RIGHT OF WAY CAME UP, UM, AS FAR AS THE MAIN INGRESS AND EGRESS ON THE DRIVEWAY PORTION OUT TO, UH, POST ROAD.
SO I'M CURIOUS, IN A 60 FOOT RIGHT OF WAY, HOW MANY LANES A PERSON CAN PUT IN.
UH, IS THERE ENOUGH STORAGE AREA FOR VEHICLES IN 60 FEET? IN OTHER WORDS, MORE THAN TWO LANES IS WHERE I'M GOING WITH THE QUESTION.
UH, THE, I, I DON'T KNOW THE, THE EXACT LANE LINEAGE OF THE DRIVE DRIVEWAY THAT WAS PROPOSED, BUT I, I BELIEVE THERE WOULD BE ADEQUATE, ADEQUATE QUEUING DISTANCE FOR THE AMOUNT OF TRIPS OR, OR VEHICLES LEAVING THE SITE WITH JUST A TWO LANE, UH, ENTRY AND EXIT, OR TWO LANES, ONE ENTRY, ONE EXIT.
ANY ADDITIONAL QUESTIONS? N NOT FOR THE TRAFFIC ENGINEER.
UH, CAN, I COULD OFFER ONE CORRECTION THERE THAT COULD POTENTIALLY BE A CROSS ACCESS EASEMENT OF 60 FEET.
IT DOESN'T HAVE TO BE A RIGHT OF WAY.
RIGHT OF WAY INDICATES IT'S PUBLIC.
AND, AND WHEN THOSE PROPERTIES BETWEEN THE APARTMENT SITE AND WASHINGTON POST ROAD DEVELOP, THEY COULD POTENTIALLY RECONFIGURE THAT.
OBVIOUSLY THEY HAVE TO COME BACK BEFORE THE CITY FOR THAT, UH, TO HAPPEN, BUT RIGHT OF WAYS, I DON'T WANT THAT, UH, TO BE, UM, SET IN, IN STONE.
AND I JUST, UH, CHAIRMAN BECK, I JUST PUT UP THE OTHER DRAWING
[02:15:01]
'CAUSE YOU ASKED ABOUT, UH, ESSENTIALLY A LOADING AREA.KEEP IN MIND THAT, UH, AS YOU CAN SEE FROM THIS DRAWING, THIS DOES NOT EVEN SHOW THE, THE FULL EXTENT OF THE PARCELS THAT ARE SEPARATING WASHINGTON POST ROAD FROM THIS PROPERTY.
AND SO THE, THE, YOU'RE GONNA HAVE ALL THAT DISTANCE, UH, GOING THROUGH THAT PROPERTY, THAT'S GONNA BE THE LOADING AREA FOR CARS.
IT'S A PRETTY SIGNIFICANT AMOUNT THAT'S CORRECT.
AND IF, IF ANYTHING, THEY WOULD BE BACKED UP INTO THE PARKING AREAS OF THE, YOU KNOW, OF THE, UM, APARTMENT COMPLEX THERE.
BUT IT IS A, IT'S A FAIRLY LENGTHY, UH, DRIVEWAY.
I WILL CALL IT, UM, YOU KNOW, COMING ACROSS THAT EASEMENT AREA.
AND IT WOULD BE TWO LANES AS FAR AS I'M, AS FAR AS I KNOW.
DO WE HAVE ANY ADDITIONAL QUESTIONS OR COMMENTS? I HAD, I HAD JUST A QUICK QUESTION FOR MR. FELDMAN.
UH, THERE WERE SOME COMMENTS EARLIER ABOUT A MEETING THAT I THINK YOU HELD WITH RESIDENTS IN THIS NEIGHBORHOOD THAT WE'VE HEARD FROM.
UM, AND THERE WAS SOME COMMENTARY ABOUT A CONCERN WITH EMERGENCY MANAGEMENT BEING ABLE TO RESPOND AND HOW YOU WERE GOING TO ADDRESS THE RESPONSE.
CAN YOU JUST TELL US A LITTLE BIT ABOUT THAT? SURE.
I, I, I THINK MY RESPONSE SIMPLY, WHEN THAT QUESTION WAS ASKED ON WHY THERE ARE MULTIPLE ACCESS POINTS, UM, AND WHY THERE'S A NEED TO CONNECT TO HONEYCUTT, UM, ROAD, A CONCERN FROM THE NEIGHBORS THAT WAS DISCUSSED AT THAT MEETING, UM, MY RESPONSE WAS SIMPLY THAT FROM, POTENTIALLY FROM AN EMERGENCY ACCESS STANDPOINT, UM, TWO MEANS OF INGRESS AND EGRESS, UH, COULD BE BENEFICIAL.
SO YOU WOULD AGREE THAT TWO POINTS OF INGRESS AND EGRESS FOR THIS DEVELOPMENT WOULD IMPACT THE, THE SAFETY OF NOT ONLY THOSE IN THE DEVELOPMENT, BUT THOSE IN THE SURROUNDING DEVELOPMENT AS, AS NOT A TRANSPORTATION EXPERT? UM, IN MY OPINION, UH, TWO MEANS OF ACCESS IS BENEFICIAL FROM AN EMERGENCY VEHICLE STANDPOINT.
SO YOU SAID NOT, YOU'RE NOT A TRAFFIC EXPERT.
WOULD A TRAFFIC ENGINEER BE ABLE TO PROVIDE THAT? I'M NOT NECESSARILY SURE THAT A TRAFFIC ENGINEER WOULD BE ABLE TO PROVIDE THAT ANSWER TO YOU.
UM, WHAT I WOULD SAY IS PERHAPS AN EMERGENCY RESPONDER WOULD BE ABLE TO, UM, WHICH I, I'M NOT.
AND ROBERT, YOUR NOTE EARLIER ABOUT TWO POINTS OF INGRESS, EGRESS WAS A PART OF A FIRE CODE THAT THE CITY IS NOT ADOPTED.
I BELIEVE IT'S APPENDIX E UH, AND YES, THE, THE CODE REQUIRES A SECOND POINT OF ACCESS AFTER 300 UNITS.
BUT AGAIN, THE CITY OF NEW BERN HAS NOT RIGHT.
SO JUST AS A POINT OF CLARITY, MR. FERGUSON, SO MR. MR. GOFF, UM, IS REFERRING TO APPEND D OF THE NORTH CAROLINA FIRE CODE, WHICH THE CITY OF NEW BERN HAS NOT ADOPTED.
UM, HOWEVER, THERE IS LANGUAGE IN THE BODY OF THE FIRE CODE THAT GIVES THE FIRE MARSHAL CERTAIN AUTHORITY AS IT RELATES TO FIRE APPARATUS ROADS.
AND WITHOUT HAVING STUDIED THE DRC COMMENTS, AND I DO BELIEVE THE FIRE DEPARTMENT'S A PART OF THE DEPARTMENTAL REVIEW, THERE MAY BE SOME COMMENTS THERE AS TO OUR FIRE MARSHAL AND OUR FIRE DEPARTMENT'S ASSESSMENT OF THE NEED OF ACCESS.
ALSO, I THINK, AS MR. REMINGTON HAS INDICATED, OUR CODE OF ORDINANCES DEFINITELY RECOMMENDS CONNECTIVITY.
SO VERY OFTEN BETWEEN COMMUNITIES, BETWEEN SUBDIVISIONS, YOU WILL SEE ROADS THAT ARE SUBBED OUT.
UM, AND I, I DON'T KNOW IF IT'S REFLECTED HERE ON THE SITE PLAN, BUT YOU MAY SEE SOME STU OUTS BETWEEN THE EXISTING COMMUNITY TO THE RIGHT OF THE SITE PLAN, UM, STUBBING OUT TO THIS PARCEL THAT IS THE SUBJECT OF YOUR DECISION MAKING TONIGHT.
SO WITH THAT STUBBING OUT, UM, IN EXISTENCE, THAT MAY GIVE YOU SOME INDICATION AS TO, UM, THE CITY'S PREVIOUS CONCERNS ABOUT CONNECTIVITY BETWEEN COMMUNITIES AND THE NECESSITY OR LACK THEREOF.
YEAH, NO, I, I ACKNOWLEDGE THAT.
AND I THINK WHEN LOOKING AT THE GOOGLE MAPS, UM, IMAGE, WHICH I THINK IS WELL WITHIN THE BOUNDS OF WHAT WE CAN LOOK AT, THAT THERE ARE STU AS YOU SAY, STUB OUTS OF WOODLAND TRAIL.
AND DOWN HERE AT THIS OTHER ROAD, I BELIEVE IT'S HONEYCUTT.
UM, BUT WE HEARD TESTIMONY FROM MR. REMINGTON THAT THERE WAS NO PLANS TO CONNECT TO W TO TO WOOLARD TRAIL.
UM, AND SO I I, I THINK BETWEEN THE TWO STEP OUTS THAT YOU HAVE HERE FOR CONNECTIVITY, YOU ACHIEVED CONNECTIVITY BY CONNECTING ON TO HONEYCUTT.
I, I'VE GOT A COUPLE WE'LL CHANGE SUBJECTS OFF OF THE, THE TRAFFIC SIDE.
UM, BEFORE I FORGET ON THE WETLAND CHALLENGE THAT WE HAD SOME FOLKS BRING UP, UM, I WAS UNDER THE UNDERSTANDING THERE ARE NO WETLANDS, UM,
[02:20:01]
NOTHING THAT THE CORPS OF ENGINEERS WOULD BE, UM, IN JURISDICTION WITH ON THIS PROPERTY.UM, UH, THERE ARE POCKETS OF WETLANDS ON THE SITE THAT WILL BE IMPACTED.
THE LARGEST PORTION OF WETLANDS ARE IN THE AREA, UM, TO THE TOP RIGHT THAT WE'RE SAVING.
WE'RE JUST RUNNING THE SEWER THROUGH THAT AREA, AND WE'RE AVOIDING THE WETLANDS.
WE RUN THE SEWER THROUGH THERE, THERE ARE SOME POCKETS OF WETLANDS CLOSER TO THE FRONT OF THE SITE.
UM, THEY'RE NOT, THEY'RE NOT SIGNIFICANT.
AND THEY, WE WOULD BE COVERED UNDER SOMETHING CALLED A NATIONWIDE PERMIT.
SO WE WOULD NOT BE REQUIRED TO GET AN INDIVIDUAL PERMIT BECAUSE WE'RE NOT IMPACTING THE, UH, WETLANDS EXCESSIVELY.
WE ARE REQUIRED TO SHOW AVOIDANCE AND MINIMIZATION, WHICH WE BELIEVE WE HAVE BY KEEPING THE WETLANDS INTACT AT THE, THAT NORTH, UH, TOP RIGHT, UH, PORTION OF THE, THE SCREEN THERE.
SO THE BUILDING SITE THEMSELF, AND I KNOW I'M USING THAT LOOSELY, THE AREA WHERE THE BUILDINGS WILL BE BUILT, I'LL SAY INSTEAD OF DEVELOPED, UM, IS OUTSIDE OF ANY OF THE WETLAND DELINEATION.
IT'S NOT PRUDENT TO BUILD BUILDINGS FROM WETLANDS.
UH, CHAIRMAN TAYLOR, I WOULD JUST SAY ON THIS DRAWING HERE, YOU CAN SEE WHERE THE, UH, SOME OF THE WETLANDS HAVE BEEN INDICATED BY THE, THERE'S A LITTLE, LOOKS LIKE A, UM, OBLONG SHAPE THAT'S IN THAT, UH, YOU KNOW, THAT LARGE AREA THERE.
AND THEN ANOTHER ONE BELOW IT THAT HAVE SOME, SOME LIKE CHECK MARKS IN THEM.
AND THOSE ARE THE WETLAND AREAS? THOSE ARE THE WETLAND AREAS, YES.
AND, AND IF YOU NOTICE THE, THE, UH, YOU KNOW, WHERE THE SEWER LINE WAS GONNA GO IS IN BETWEEN THOSE TWO AREAS.
THEY'RE REALLY LIGHT THERE, BUT YEAH.
IT IS HARD TO SEE BECAUSE THAT'S A LIGHTER, UH, TYPE OF, UH, DRAWING.
DO WE HAVE ANY ADDITIONAL QUESTIONS? OKAY.
UH, CHAIRMAN BECK, I WOULD JUST CONCLUDE BY SAYING THAT, YOU KNOW, AGAIN, I, I BELIEVE THAT THE, UH, APPLICANT HAS SHOWN AND MET THE SIX CRITERIA THAT ARE REQUIRED, UH, THAT THIS IS WITHIN THE JURISDICTION OF THE TABLE OF PERMISSIBLE USES FOR RA ZONING.
UH, THAT THE APPLICATION IS COMPLETE, AS EVIDENCED BY THE TESTIMONY OF, UH, THE STAFF.
IT WILL COMPLY WITH ALL OF THE ORDINANCES, UH, THAT AND STATE AND FEDERAL LAW, UH, THROUGH ALL THE OTHER PERMITTING PROCESS.
UM, AS YOU'VE HEARD, IT'S NOT GONNA MATERIALLY ENDANGER HEALTH OR SAFETY, UH, AS, AND IT'S A TYPICAL TYPE RESIDENTIAL COMPLEX.
UH, AND IT'S GONNA BE A MARKET RATE TYPE COMPLEX.
UH, AS YOU HEARD FROM HUNTER HOWELL, IT'S NOT GONNA INJURE, UH, JOINING VALUES, PROPERTY VALUES IN HIS OPINION.
AND THEN, UH, AS YOU HEARD FROM, UH, A COUPLE OF FOLKS, IT'S IN HARMONY WITH SURROUNDING AREAS BECAUSE IT IS A RESIDENTIAL USE.
UM, AND THERE'S AN EXISTING APARTMENT COMPLEX THAT'S IN CLOSE PROXIMITY THAT LOOKS SIMILAR TO THIS, BUT THESE ARE ACTUALLY GONNA BE A LITTLE BIT SMALLER BUILDINGS THAN, THAN IN COMET WEST.
SO WE'D ASK YOU TO APPROVE THIS, UM, THIS APPLICATION, WE'D ASK YOU TO ALSO APPROVE THE, THE ORDINANCES, ALLOW YOU ALL TO DO AN EXTENDED TIME PERIOD FOR THE, FOR THE, UH, PERMIT, SO THAT THAT ALLOWS FOR ALL OF THIS PERMITTING PROCESS AND BUILDING TO GO PLACE.
WE'D ASK YOU TO DO A THREE YEAR TIME LIMIT ON THIS PERMIT.
AT THIS POINT, I'D LIKE TO MOVE JUST TO TAKE A FIVE MINUTE RECESS.
ANY DISCUSSION? CAN YOU ASK YOU A QUESTION? I, THERE'S A MOTION ON THE FLOOR.
THERE ANY, ANY DISCUSSION? IS THERE A SECOND? MR. ST? DO WE HAVE A SECOND? I THINK MR. DUFFY SECONDED.
THE, THE MIC'S BACK ON AND WE'RE GONNA TRY TO GET STARTED TO WHERE WE CAN MOVE ON HERE.
SO IS THERE ANY ADDITIONAL DISCUSSION AMONG BOARD MEMBERS BEFORE WE GET INTO THE SIX STEP PROCESS? I, YES, I HAVE SOME DISCUSSION, BUT WHEN WE GET INTO ONE OF THE PART OF THE ELEMENTS, I'M FINE TO GO AHEAD AND MOVE ON.
SO LET'S START OUT, UM, WITH THE FIRST TWO TO MAKE SURE THAT WE EVEN HAVE AN APPLICATION THAT NEEDS TO BE CONSIDERED.
UH, THE REQUESTED PERMIT IS WITHIN THE JURISDICTION, ACCORDING TO THE TABLE OF PERMISSIBLE USES.
DURING ANY DISCUSSION, IS THERE A MOTION? SO MOVED.
[02:25:02]
OKAY.SO WE HAVE A MOTION AND A SECOND.
AND I GUESS SINCE WE'VE HAD A BOARD MEMBER HAD TO LEAVE FOR AN EMERGENCY, DO WE NEED TO HAVE A ROLL CALL OR SHOULD WE, HOW DO WE DO THAT? JAMIE? UH, YOU CAN CALL FOR A ROLL CALL.
YOU CAN CALL FOR A VOICE VOTE ANY MEMBER WHO LEAVES BUT IS NOT EXCUSED FROM VOTING COUNTS AS A YES.
SO DO YOU HAVE A PREFERENCE? I JUST, I JUST SHOULD DO A VOICE VOTE.
SO WE'RE GONNA DO A VOICE VOTE.
IS THERE ANY DISCUSSION MOTION TO APPROVE THE, SAY THE APPLICATION IS COMPLETE.
NUMBER THREE, IF COMPLETED, AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
AND WE'RE TALKING ABOUT THE SPECIAL USE PERMIT.
WHEN WE SAY THIS ORDINANCE, IS THERE ANY DISCUSSION? UM, I JUST WANT TO SORT OF EXPLAIN A LITTLE BIT.
SO, SO, UM, I FEEL BASED UPON THE LOCAL CONDITIONS, WHICH WERE NOT TAKEN INTO ACCOUNT, UM, I THINK I DO HAVE, UM, I'M GONNA VOTE NO ON THAT, SO, OKAY.
ANY ADDITIONAL COMMENTS? DISCUSSION? DO WE HAVE A MOTION? SO MOVED.
OKAY, SO WE HAVE A MOTION AND A SECOND.
UM, AND JUST TO BE CLEAR, MR. BECK, THE MOTION IS TO FIND THAT IF THE APP, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL THE REQUIREMENTS OF THE ORDINANCE.
IS THAT YOUR MOTION? THAT WAS MY MOTION, THAT'S CORRECT.
AND THAT WAS YOUR SECOND? YES.
ANY OPPOSED? UM, ARE WE ON THE, WE'RE ON NUMBER THREE DEVELOPMENT OF, YEAH, WE'RE ON NUMBER THREE ON THE PUBLIC SAFETY? NO, WE'RE ON NUMBER THREE.
CONSIDER ASPECTS OF THE PROS USE WILL HAVE A NEGATIVE ACTIVE ON PUBLIC HEALTH OR SAFETY.
UM, THE COMPLETED AS PROPOSED IN THE APPLICATION? IT, IT'S RIGHT HERE.
THAT ONE ISN, THIS PART OF THREE? YEAH, BUT WE'VE ALREADY DISCUSSED IT.
WE DID, WE DID A VOTE AND WE WERE JUST WAITING FOR YOUR NO, BUT YOU SAID YOU WERE GONNA VOTE.
ALRIGHT, SO FOR THE RECORD, MR. DUFFY VOTES NO, BUT THE REST OF THE COURT SAYS YES.
EVERYBODY'S GOT ME CONFUSED NOW HERE, BUT ANYWAY.
SO MOVING ON TO THE FOURTH, THAT THE USE WILL NOT MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY OF LOCATED WE'RE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED.
SO I HAVE, UH, SOME DISCUSSION ON THIS.
UH, GIVEN THE TESTIMONY THAT WE'VE HEARD ABOUT THE POINTS OF ACCESS, THAT THERE ARE TWO POINTS OF ACCESS FOR INGRESS EGRESS, SPECIFICALLY WHEN YOU LOOK AT THE DRC COMMENTS.
AND THIS IS THE FOLLOWING COMMENTS GENERATED BY DRC DATED FEBRUARY 23RD, 2024.
UNDER THE FIRE MARSHAL'S, UH, COMMENTS, HIS COMMENTS SAY, ROADS IN BOTH ENTRANCES SHALL BE CAPABLE OF SUPPORTING THE IMPOSED LOAD OF FIRE APPARATUS WEIGHING AT LEAST 75,000 POUNDS DURING ALL PHASES OF CONSTRUCTION.
IT ALSO SAYS BOTH ROADS ARE CONSIDERED AN AERIAL FIRE APPARATUS ACCESS ROAD.
UM, AND SO IT IS CLEAR TO ME THAT THE DRC COMMENTS UNDER THE FIRE MARSHAL CONTEMPLATES BOTH POINTS OF INGRESS EGRESS, WHICH IS A CONCERN FOR THE PUBLIC HEALTH AND SAFETY.
UM, GIVEN THE TESTIMONY WE'VE ALSO HEARD TONIGHT, THERE IS NOT, THERE'S CURRENTLY A CONTRACT THAT PROVIDES A RIGHT OF WAY, BUT THERE'S NO LEGAL DOCUMENT, LEGAL, LEGAL ACCESS SUCH AS AN EASEMENT.
HOWEVER, THERE IS, IT IS UNDER CONTRACT AND SUPPOSED TO PRESUMABLY CLOSE SUCH THAT THIS APPLICANT WILL HAVE THAT ACCESS TO ENSURE THAT WOULD THE APPLICANT, THIS IS A QUESTION, WOULD THE APPLICANT BE WILLING TO, UH, ACCEPT A CONDITION THAT THEY WILL HAVE TWO POINTS OF INGRESS EGRESS AS PRESENTED ON THE SITE PLAN IF APPROVED? ABSOLUTELY.
SO JUST FOR THE RECORD, MR. PER THANK THANK YOU, MR. REMINGTON.
AND JUST FOR THE RECORD, THE, THE APPLICANT
[02:30:01]
APPROVES A CONDITION THAT WE CAN ADD AT THE END OF THIS PROCESS REGARDING THIS PARTICULAR ELEMENT ON PUBLIC HEALTH OR SAFETY, THAT THERE WILL BE TWO POINTS OF INGRESS THAT EGRESS AS PRESENTED ON THE SITE PLAN THAT WE'VE BEEN REVIEWING THIS EVENING.SO WITH THAT, AND AGAIN, THE CONDITION WILL COME LATER.
UH, I, I THINK THAT ALL OF MY CONCERNS FOR ELEMENT FOUR ARE, UM, ALL OF MY CONCERNS ARE SWAYED.
AND SO I'M, I'M PREPARED TO MOVE FORWARD WITH THAT UNLESS THERE'S OTHER DISCUSSION.
IS THERE ANY ADDITIONAL DISCUSSION? DO WE HAVE A MOTION? YES.
SO WE HAVE A MOTION AND SECOND SO MOVED THAT THE USE WILL NOT MATERIAL ENDANG MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY OF LOCATED WHERE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED.
UH, AND WE WILL DISCUSS AN ADDITIONAL CONDITION AT THE END OF OUR PROCESS.
ANY OPPOSED? MOTION CARRIES NUMBER FIVE, THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR A BUDDING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY.
SO JUST ON DISCUSSION OF THIS, THIS IS ALWAYS, AND I JUST, THIS IS REALLY FOR THE BENEFIT OF THOSE IN THE GALLERY THAT HAVE STUCK WITH US TONIGHT.
THIS IS ALWAYS A CONCERN AT EVERY SPECIAL USE PERMIT HEARING THAT WE HAVE IS ABOUT ECONOMIC VALUE.
UH, BECAUSE WE'RE, I MEAN, AS, AS CITIZENS AND HOMEOWNERS HERE, WE'RE HERE BECAUSE WE ENJOY IT AND WE ENJOY OUR PROPERTY VALUES.
AND SO THE IDEA OF SOMETHING THREATENING THAT IS EXTREMELY SCARY.
AND I WANT TO ACKNOWLEDGE THAT.
UM, THE STATE, THE STATE STATUTE TIES OUR HANDS THOUGH THAT WE ARE LIMITED TO EXPERT TESTIMONY.
AND BASED ON THE EXPERT TESTIMONY THAT WE'VE HEARD TONIGHT, UH, FROM THE CERTIFIED REAL ESTATE APPRAISER, UH, THERE WILL NOT BE A NEGATIVE IMPACT ON THE ECONOMIC VALUE OF THE ADJOIN OF THE ABUTTING PARCELS.
UH, AND SO BASED ON THAT EXPERT TESTIMONY, I BELIEVE THIS ELEMENT IS MET, BUT I JUST AGAIN, PUT IT ON THE RECORD AS TO THE CONCERN.
YOUR CONCERNS ARE HEARD, UM, HOWEVER WE ARE TIED IN WHAT WE HAVE AS COMPETENT EVIDENCE.
SO WITH THAT, I WOULD MOVE TO ACCEPT ELEMENT FIVE.
SO WE HAVE A MOTION AND A SECOND TO APPROVE ELEMENT FIVE.
IS THAT OKAY JUST TO SAY ELEMENT FIVE? IF YOU WOULD JUST REPEAT THAT ELEMENT SO IT'S VERY CLEAR IN THE RECORD WHAT THE MOTION IS.
SO MY, MY MOTION WAS THAT I MOVE TO ACCEPT THAT THE USE, UH, WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR ABUTTING PROPERTY, OR THAT THE USE IS A PUBLIC NECESSITY.
SO THE USE IS NOT A PUBLIC NECESSITY.
IS THAT YOUR MOTION? SO USE OR THAT THE USE IS A PUBLIC NECESSITY? I'M SORRY.
SO THE, THE MOTION IS THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR A VOTING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY.
IS THAT CORRECT? I MEAN, I, I WOULD JUST SAY MY MOTION IS THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR ABUTTING PROPERTY.
IT'S FINE TO TAKE IT A PIECE AT A TIME IS THAT'S OKAY TO SAY IT? THAT'S THE MOTION.
WAS THAT THE SECOND? DO WE HAVE A SECOND? SECOND? YES.
SO I'M, BEFORE WE GO TO THE VOTE, UM, CAN WE HAVE A DISCUSSION? YES, SIR.
SO I GUESS I'M ASK, GONNA ASK, YOU KNOW, THE, SINCE WE HAVE A WORD THAT'S DIFFERENT THAN WHAT WE HAVE IN THE WAY IT'S WRITTEN, I'M ASSUMING THAT, THAT THE KNOT, I MEAN, I'M, I'M KIND OF CONFUSED.
IN ORDER TO ISSUE, ESPECIALLY USE PERMIT IN THIS, IN THIS PARTICULAR ITEM NUMBER FIVE, YOU WOULD HAVE TO VOTE YES TO EITHER THE FIRST PART OR THE SECOND PART.
SO WE'RE GONNA TAKE IT ONE PIECE AT A TIME.
SO ON ON ELEMENT NUMBER FIVE, WE'RE GOING TO ADDRESS THE FIRST CRITERIA.
'CAUSE THERE'S TWO CRITERIA IN ELEMENT NUMBER FIVE.
SO THE FIRST CRITERIA IS THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUTTING PROPERTIES, PERIOD.
THE PERIOD THAT IS THE MOTION THAT, AND SECOND BEFORE YOU, NOW YOU CAN, YOU CAN VOTE ON THAT ISSUE.
AND THEN THERE WILL BE A, ANOTHER MOTION I ANTICIPATE ON WHETHER THE USE BEING PROPOSED IS A PUBLIC NECESSITY.
SO WE'RE GONNA BIFURCATE FIVE SO THAT IT'S SIMPLE AND EASY.
UM, I DON'T, I DON'T AGREE WITH THAT.
IT AN CRITERIA AND YOU FIND ONE OF THEM AND DISAGREE.
SO THEY DON'T HAVE TO VOTE, THEY DON'T HAVE TO, BUT THEY COULD ELECT TO IF THEY CHOOSE TO.
BUT WE, I MEAN THE REQUIREMENT IS JUST TO BE CLEAR.
[02:35:01]
BUT YOU CERTAINLY CAN BIFURCATE THE PROCESS IF MR. TE, MR. TABAK IS CONCERNED ABOUT ADDRESSING THE ISSUE OF PUBLICITY.BUT IF THERE'S AN EXAMPLE OF THIS WOULD BE IF YOU WERE PROPOSING A LANDFILL BEHIND SOMETHING RIGHT.
THAT WOULD POTENTIALLY INJURE THE VALUE.
RIGHT? I'M JUST SAYING WE DON'T HAVE TO ADDRESS IT IF, BUT IT'S A PUBLIC ASSESSMENT.
YOU DON'T HAVE TO ADDRESS THE SECOND HALF OF THE QUESTION IF YOU DON'T WANT TO BASED ON THE MOTION THAT'S HERE.
MY, MY SUGGESTION WAS BASED ON MR. BECK'S CONCERN ABOUT THE SECOND CRITERIA THAT MY, MY CONCERN IS THAT IF, IF FOR SOME REASON THERE IS A NO VOTE ON THE FACT THAT IT'S A PUBLIC NECESSITY, WHETHER IT'S A PUBLIC NECESSITY OR NOT, IS THAT THEN GONNA, UH, BE USED TO DISQUALIFY THIS PROJECT? BECAUSE THAT IS NOT A CRITERIA.
NO, I, I, NO, I THINK EITHER ONE APPROVES IT.
NO, AND I, ONE I'LL JUST STATE FOR THE RECORD, I THINK FOR THE CONFUSION, UH, MR. BECK'S CONFUSION IS WHEN I FIRST MADE THE MOTION, I SAID NOT A PUBLIC NECESSITY.
UM, 'CAUSE I THINK IN, IN PAST HEARINGS WE'VE TAKEN IT ALL TOGETHER WHERE IT WAS A KNOT.
AND SO I WAS JUST READING FROM MEMORY AND I ADDED THE WORD KNOT.
SO I THINK THAT'S WHERE THE CONFUSION, BECAUSE KNOT'S NOT HERE IN OUR SCRIPT.
SO WHAT MY MOTION IS, AGAIN, NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR ABUTTING PROPERTY.
AND THEN I, I WOULD NOT EVEN ADDRESS THE PUBLIC NECESSITY 'CAUSE I DON'T THINK IT'S REQUIRED.
SO, AND WE HAVE A MOTION AND A SECOND ON THE FLOOR.
YOU CAN CALL FOR A VOTE, MR. CHAIR.
SO WE HAVE THE MOTION AND WE'VE HAD THE DISCUSSION.
UH, DO WE HAVE A SECOND? SECOND.
SO NOW JAMIE, I'M GONNA ASK YOU AGAIN.
SO ARE WE GOOD TO GO WITH NUMBER FIVE OR YOU'RE GOOD TO GO IF THERE'S NO OTHER MOTION AS TO ELEMENT NUMBER FIVE? SO IS THERE ANY ADDITIONAL MOTION ON NUMBER FIVE? NO, I DON'T, WE DON'T HAVE ANY EVIDENCE.
I THINK THE WORD OR SEPARATES IT ANYWAY.
IT DOESN'T SAY AND OR JUST WANNA MAKE SURE WE'RE EVERYBODY'S ON THE SAME PAGE.
NUMBER SIX, 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.
IS THERE ANY DISCUSSION? NO, THE ONLY DISCUSSION, I, I MEAN THE ONLY THING I WOULD JUST ADD TO HIGHLIGHT IS THE FACT THAT WE'VE HEARD EVIDENCE AND SAW PICTURES OF A DEVELOPMENT THAT WAS, I THINK A MILE AWAY THAT LOOKED THE EXACT SAME WITH AN EXTRA FLOOR.
UH, SO THIS IS THREE FLOORS, UM, WITH, UH, SIMILAR APPEARANCE.
AND SO I THINK THIS IS ADEQUATELY MET.
WE HAVE EVIDENCE TO SUPPORT THAT.
ANY ADDITIONAL DISCUSSION? DO WE HAVE A MOTION? SO MOVED.
OKAY, SO WE, WE HAVE A MOTION AND WE HAVE A SECOND THAT THE LOCATION AND CHARACTER OF THE USE HAVE DEVELOPED ACCORDING TO 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.
AND AGAIN, IT'S OF THE CITY OF NEWBURG.
OKAY, SO WE, WE'VE GONE THROUGH THE SIX AND SO NOW WE'VE GOT THE OPPORTUNITY TO ADD A CONDITION IN YEAH, FOR THE REASONS I STATED EARLIER IN OUR DISCUSSION, UM, REGARDING THE PUBLIC HEALTH AND SAFETY, WHICH THE APPLICANT'S ALREADY INDICATED A WILLINGNESS TO THIS CONDITION.
UM, I WOULD MOVE TO ADD A CONDITION TO THE SPECIAL USE PERMIT THAT THE PROPOSED DEVELOPMENT WOULD HAVE TWO POINTS OF INGRESS EGRESS AS PRESENTED ON THE SITE PLAN THAT WE'VE BEEN DELIBERATING OVER THIS EVENING.
IS THAT AN ADEQUATE WAY TO PHRASE THAT MADAM ATTORNEY? YES.
DO WE HAVE ANY DISCUSSION? SECOND? DID WE HAVE A SECOND? OKAY.
I THINK THERE'S A CLARIFYING QUESTION.
UM, I, I UNDERSTAND THE TWO POINTS OF ACCESS PART OF IT AND WE'RE ABSOLUTELY GONNA THAT.
UM, I KNOW THAT WE SUBMITTED SITE PLANS AND THEY'RE LOOKING AT IT FOR SOME REASON, STAFF OR SOMEONE ELSE SAID, HEY, CAN YOU MODIFY THIS ACCESS? YOU KNOW, CAN WE PUT SOME SORT OF LANGUAGE IN THERE THAT SAYS THAT, YOU KNOW, IF THERE'S TWO, I MEAN THEY CAN BE MODIFIED SLIGHTLY, YOU KNOW, I JUST DON'T WANNA HAVE TO COME BACK.
NO, I, I CAN APPRECIATE, I CAN APPRECI I CAN APPRECIATE THAT CONCERN AND I I DON'T WANT YOU TO COME BACK
UM, MY ONLY CONCERN WITH ADDING THAT CONDITION IS THE CONDITIONS, THE CONDITIONS WE CAN ADD ARE VERY LIMITED AND PART OF THE LANGUAGE IN THE ORDINANCE.
KENDRICK, DO WE HAVE THE ABILITY
[02:40:01]
FOR MINOR MODIFICATION? I DIDN'T HEAR THAT.UH, ROBERT, CAN YOU REPEAT YOUR QUESTION? MR. DEPUTY, DOES OUR ORDINANCE HAVE THE CAPABILITY FOR MINOR MODIFICATIONS FOR STAFF? IT DOES HAVE THE CAPABILITY FOR MINOR MODIFICATION.
SO YOU CAN INDICATE AS THE BOARD WHAT A MINOR MODIFICATION WOULD BE, SUCH AS REALIGNING OR CHANGING THE ALIGNMENT.
UH, A MAJOR MODIFICATION SUCH AS CHANGING THE COMPLETE LOCATION OF A SECOND ACCESS OR THE REMOVAL OF A SECOND ACCESS WOULD BE A MAJOR MODIFICATION THAT WOULD HAVE TO COME BACK THROUGH THE BOARD.
YOU AS A BOARD CAN SET WHAT YOU CONSIDER AS A MINOR MODIFICATION.
SO THEN I WOULD LIKE TO REWORD MY MOTION.
SO DO WE NEED TO WITHDRAW THE FIRST MOTION AND THEN START A SECOND? OR DO WE VOTE ON THE FIRST AND MR. FERGUSON CAN MODIFY HIS MOTION SO LONG AS THE SECOND IS AGREEABLE TO THE MODIFIED MOTION? OKAY.
SO THE MODIFIED LANGUAGE OF THE MOTION WOULD BE THAT A CONDITION ON THE SPECIAL USE PERMIT IS THAT THE APPLICANT WILL HAVE TWO POINTS OF INGRESS EGRESS FOR THE PROPOSED DEVELOPMENT AS PRESENTED ON THE SITE PLANS WE'VE DISCUSSED THIS EVENING, SUBJECT TO, YOU KNOW, MINOR MODIFICATIONS AS APPROVED BY STAFF SUCH AS FOR REALIGNMENT.
UM, IF THE STAFF AND THEIR PROFESSIONAL JUDGMENT DETERMINES A A, A CHANGE HAS TO BE MADE AS TO THE LOCATION OF THOSE ACCESS POINTS, THAT WOULD BE A MINOR FOR REALIGNMENT PURPOSES WOULD BE A MINOR MODIFICATION.
DOES THAT ADDRESS THE CONCERN, MR. REMINGTON? IT DOES.
OKAY, SO WE'RE GOOD WITH THE MOTION AND THE SECOND.
IS THERE ANY DISCUSSION? ALL IN FAVOR? AYE.
SO THEN THERE WAS ALSO QUESTION ABOUT THE FACT THAT THE SPECIAL USE PERMIT ONLY HAS A TWO YEAR LIMIT.
AND I THINK THERE IS A REQUEST THAT WE, UM, ALLOW A THREE YEAR, UH, SO I, I MOVE FOR A THREE YEAR OR FOR AN EXTENSION TO HAVE THIS SOCIAL USE PERMIT AS THREE YEARS.
SO WE HAVE A, A, A MOTION TO EXTEND THE LENGTH OF A SPECIAL USE PERMIT FOR THREE YEARS AND, UH, DURING ANY DISCUSSION? ALL OPPOSED? I SAID THAT BACKWARDS.
ALL OPPOSED? EVERYBODY'S STILL ON THEIR TOES AFTER ALL THIS AS, AS, AS MR. REMINGTON JUMPS TO HIS FEET WITH A HEART ATTACK.
ANYWAY, I, I, I MOVED TO ADJOURN.
YOU GET A MOTION TO ISSUE THE PERMIT? YEAH, WE WE, ONE MORE TO GO.
OH, YEAH, THERE, THERE'S THAT.
IT'S A MOTION TO ISSUE PERMIT WITH THE CONDITIONS.
SO WE HAVE A MOTION TO, UH, ISSUE THE PERMIT WITH TWO CONDITIONS AND, AND MS. GRAY SECONDED.
THOSE TWO CONDITIONS BEING THE EXTENSION TO FROM TWO YEARS TO THREE YEARS.
AND THE CONDITION ON THE ACCESS.
AND JUST TO TAKE, I, I WOULDN'T, I WOULDN'T PHRASE THE DURATION OF THE PERMIT AS A CONDITION NECESSARILY.
THAT'S JUST THE DURATION OF THE PERMIT.
DO WE HAVE A, A VOTE? ALL IN FAVOR? AYE.
DO WE HAVE A SECOND? SECOND, SECOND.
ALRIGHT, AYE, UH, ANY OPPOSED? THANK YOU.
THANK YOU ALL FOR COMING OUT THIS EVENING.