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OKAY.[I. CALL TO ORDER ]
THIS TIME WE'D LIKE TO CALL TO ORDER THE CITY OF NEWBURN BOARD OF ADJUSTMENT MEETING FOR THURSDAY, UH, NOVEMBER 22ND, 2024.UM, CAN WE HAVE A ROLL CALL? YES, SIR.
MR. CHAIRMAN, UH, WE'RE GONNA START WITH BOARD MEMBER.
SO WE'RE GONNA START WITH BOARD MEMBER JAMES FERGUSON HERE AND BOARD MEMBER KATHLEEN MARTY.
CHAIRMAN TIM TAK HERE, BOARD MEMBER SANDRA GRAY, AND LET THE RECORD SHOW SHE'S NOT IN ATTENDANCE.
BOARD MEMBER ERIC THOMPSON, LET THE RECORD SHOW SHE, HE'S NOT IN ATTENDANCE.
LET THE RECORD SHOW SHE'S NOT IN ATTENDANCE.
BOARD MEMBER LESLIE ALLEN HERE AND BOARD MEMBER RYAN BLANCHE HERE.
AND MR. CHAIRMAN, WE DO HAVE A QUORUM.
AND AT THIS TIME WE'D LIKE TO CALL FOR A PLEDGE OF ALLE.
YOU HAVE PLEDGE OF AGENCIES TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
SO WE DON'T HAVE A WHOLE LOT OF FOLKS IN THE AUDIENCE.
I'M NOT GONNA GO THROUGH THE WHOLE PROCESS THAT WE NORM NORMALLY DO HERE, BUT, UM,
[IV. CHAIRMAN’S REMARKS]
I WILL SAY GOOD EVENING.UH, THANKS FOR COMING BACK TO SEE US AGAIN AND PLEASE MAKE SURE CELL PHONE IS OFF.
AND THAT'S FOR BOARD OF MEMBERS ALSO.
UM, THIS IS A QUASI-JUDICIAL HEARING AND OPERATES VERY SIMILAR TO A COURT HEARING AND WE'LL MOVE ON FROM THAT POINT.
WE ALWAYS ASK FOLKS TO VOLUNTEER FOR, UH, BOARDS.
WE ALL ARE, UM, VOLUNTEERS, YOU KNOW, CITY APPOINTMENTS AND I KNOW THERE'S SOME POSITIONS OPEN I, UH, WITH THE CITY AND MAYBE WE CAN, UH, HAVE SOME FOLKS STEP FORWARD AND, UH, GO FROM THERE, INCLUDING WARD SIX.
I HADN'T, I HAD TO REMEMBER THAT.
BUT THE WARD SIX ALDERMAN IS A, A OPEN POSITION AT THE CURRENT TIME.
[V. DECISION(S) ]
MOVING ON.UM, WE FIRST HAVE A DECISION THAT WE, UM, APPROVED AT THE LAST MEETING IN REFERENCE TO THE CRAVEN TECHNICAL INSTITUTE.
AND I THINK, UH, DO WE HAVE ANY DISCUSSIONS, UH, IN REFERENCE TO THAT APPROVAL? I THINK WE HAVE TWO BOARD MEMBERS THAT WERE HERE.
UM, IF NOT, WE NEED A MOTION TO APPROVE THE APPLICATION AS WE DISCUSSED THE WRITTEN DECISION.
I, I MAKE THE MOTION AND WE APPROVE THE WRITTEN DECISION FOR THE SECOND.
SO WE HAVE A MOTION AND A SECOND.
DO WE HAVE ANY DISCUSSION? ALL IN FAVOR? AYE.
[VI. SPECIAL USE APPLICATION(S) ]
OKAY.AND THE SECOND IS IN REFERENCE TO A SPECIAL USE APPLICATION THAT WE CONTINUED.
UM, WE HAD SOME CONCERN AT THE LAST MEETING.
I'VE GOT MY NOTES HERE IN REFERENCE TO IF WE ACTUALLY HAD THE REQUESTED, UH, INFORMATION, UM, NECESSARY TO MAKE A DECISION, UM, IN REFERENCE TO NUMBER TWO ON OUR DECISION PROCESS ABOUT THE APPLICATION BEING COMPLETE.
AND I THINK WE ALSO HAD SOME, UM, DOUBT, UM, WITH BOARD MEMBERS, UM, ABOUT ADJOINING PROPERTY, UM, AND CHALLENGES.
UH, I THINK THERE IS, UM, A NEW DOCUMENT THAT WE HAVE HERE THAT I THINK KENDRICK MAY DISCUSS AND THAT MAY SOLVE PART OF OUR, UM, NUMBER FIVE CHALLENGE WITH WHETHER IT'S A PUBLIC NECESSITY OR NOT.
UM, AND I GUESS KENDRICK, COULD YOU MOVE? AND BEFORE WE DO THAT, MR. CHAIR, SINCE WE'RE RECONVENING THE PUBLIC HEARING, WE MAY WANT TO RES SQUARE THE WITNESSES.
UM, AT THIS TIME, IS THERE ANYBODY THAT CLAIMS TO SPEAK? I KNOW KENDRICK WILL, UM, WE SPEAK AGAIN TONIGHT.
SO LET'S GO AHEAD AND, UM, GO THROUGH AND SAY, DO YOU ALL SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? SO HOPE YOU GOD.
AND I GUESS KENDRICK'S GONNA GO FIRST TO TALK? YES, SIR.
YES, MR. CHAIRMAN, I'LL GO AHEAD AND DO THE PRESENTATION FIRST.
UH, MR.
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I'LL WORK THROUGH THAT, SEEING THAT THERE'S NO PUBLIC HERE AS WELL, I'M GONNA GO.AND GOOD EVENING TO THE BOARD.
SO TONIGHT WE ARE RECONVENING A PREVIOUS ITEM FROM, UH, THE OCTOBER 24TH DATE HERE.
AND THIS WAS, UH, PURSUANT TO THE GREYHOUND BUS STATION ITEM.
SO THIS IS, AGAIN, SPECIAL USE PERMIT 0 0 2 9 6 1 20 24.
AND THE LOCATION FOR THIS ACTUAL PROPOSAL IS AT 24 0 6 NEW BOULEVARD, NEW BERN, NORTH CAROLINA.
THE PROPOSED USE IS A BUS STATION.
AND THE REQUEST SUMMARY HERE, THE APPLICANT IS MR, OR EXCUSE ME, FOR THE, UH, CORPORATION
THE PARCEL IDENTIFICATION NUMBER IS EIGHT DASH 29 DASH 36, AND THE ZONING DISTRICT IS COMMERCIAL THREE OR C DASH THREE.
AND THIS FIRST MAP, UH, HERE THAT YOU SEE IS THE BUFFER MAP.
UM, LET ME MAKE SURE I DIDN'T MISS A MAP.
SO THE FIRST MAP IS ACTUALLY THE VICINITY MAP.
I APOLOGIZE, THE CLICKER IS GIVING ME SOME ISSUES, BUT THIS IS THE VICINITY MAP FOR THE ACTUAL PARCEL.
IT'S OUTLINED THERE BY THE GREENISH, UH, TURQUOISE COLOR.
AND THE SECOND MAP IS A BUFFER MAP HERE.
ONCE AGAIN, YOU SEE THE OUTLINING, BUT THE BUFFER IS TAKEN TO, UH, SURROUND THE PROPERTY FOR A HUNDRED FEET.
THIS IS OUR REQUIREMENT PER THE LAND USE ORDINANCE FOR THE MAIL NOTICES THAT SHOULD BE RECEIVED BY ANY PARCELS THAT ARE WITHIN THAT A HUNDRED FOOT BUFFER.
AND THAT'S FOLLOWED BY THE AERIAL MAP.
AND AGAIN, IT'S HIGHLIGHTED THERE.
THAT JUST GIVES YOU AN IDEA AND A PICTURE OF WHAT IS ON THE GROUND.
AND LASTLY, HERE IS THE ZONING MAP, WHICH REFLECTS THAT COMMERCIAL THREE OR C DASH THREE ZONING DISTRICT, UM, FOR THE PROPERTY.
AND ADDITIONAL CONSIDERATIONS, UH, STAFF CONFIRMS THAT THE APPLICATION SUBMITTED WAS DEEMED TO BE COMPLETE.
AND THEN ALSO WE CAN CONFIRM THAT THE REQUEST IS WITHIN THIS JURISDICTION IN ACCORDANCE WITH THE TABLE OF PERMISSIBLE USES.
UH, THIS IS PROBABLY THE TIME MR. CHAIRMAN, WHERE I'LL GO AHEAD AND EXPRESS THAT THE INFORMATION, UH, RECENTLY RECEIVED.
ACTUALLY PRIOR TO THIS MEETING FROM N-C-D-O-T, UH, THIS CAME SPECIFICALLY FROM THE DIRECTOR.
AND PURSUANT TO THE PREVIOUS MEETING, THERE WAS A QUESTION ABOUT, UM, I BELIEVE IT'S NUMBER THREE ON THE APPLICATION, WHICH ASK ABOUT THE IMPACTS TO, UH, SURROUNDING PROPERTIES AND THEN ALSO TALKS ABOUT NECESSARILY IT CAN BE EITHER OR FOR PUBLIC NECESSITY.
UM, IN THIS EVENT, THE N-C-D-O-T WANTED TO ESSENTIALLY ASK HOW THEY COULD ASSIST IN THE MATTER, UM, AND EXPRESS, UH, FROM THEIR CO WHAT THEIR INVOLVEMENT IS.
SO THEY ACTUALLY PURCHASED THIS ROUTE AND ESSENTIALLY, I GUESS A BIDDER BEING GREYHOUND IS THE ONE THAT HAS BID ONSET ROUTE.
FROM WHAT I UNDERSTAND, THIS INFORMATION CAME DIRECTLY FROM AN N-C-D-O-T REPRESENTATIVE.
UM, THE DIRECTOR WENT AHEAD AND PUT TOGETHER A LETTER THAT'S BEFORE ALL OF YOU, WHICH I'VE ADDED.
UM, IT WASN'T IN THE INITIAL PACKET SEND OUT, BUT IT'S NOW PHYSICALLY PRESENT.
UH, IF YOU, IF YOU NEED A MINOR RECESS OR IF YOU ALL HAVE REVIEWED IT ALREADY AND FEEL COMFORTABLE TO PROCEED, UM, THAT'S MORE THAN FINE IF YOU NEEDED A MINOR RECESS TO READ IT.
BUT IDEALLY, UM, IN THE SHORT GIST, THE LETTER IS TO REPRESENT THE PUBLIC NECESSITY FACTOR FOR THIS BUS STATION AND THEY GIVE YOU, UM, SOME INFORMATION PERTAINING TO ALL THE DIFFERENT PLACES THAT THEY USE, SET SERVICE OR USE SET ROUTES, UM, FOR CITIZENS OF WHICHEVER CITY OR PLACE THAT IT'S GONNA BE USED FOR.
AND MR. CHAIR, JUST FOR IDENTIFICATION PURPOSES, UM, MR. STANTON IS REFERENCING A LETTER FROM THE STATE OF NORTH CAROLINA'S DEPARTMENT OF TRANSPORTATION DATED NOVEMBER 21ST, 2024.
AND THIS LETTER IS SIGNED BY A BRENNAN QUE M-P-A-P-E-P-M-P, THE N-C-D-O-T INTEGRATED MOBILITY DIVISION DIRECTOR.
DO WE HAVE TO HAVE, UH, NEED TO HAVE THIS ADMITTED INTO EVIDENCE OR DID THAT I, I THINK THE, UM, APPLICANT WOULD LIKE FOR THIS DOCUMENT TO BE ADMITTED INTO THE RECORD.
IS THAT CORRECT, MR. MAGUIRE? YES, SIR.
AND I PROVIDED A COPY TO THE APPLICANT AS WELL.
SO ONCE HE COMES UP TO SPEAK, YOU CAN INTERACT, UM, TO ADMIT IT INTO EVIDENCE, UH, OR ASK THAT QUESTION.
SO DO WE NEED TO GO FOR A MOTION TO DO THAT NOW OR SHOULD WE WAIT TILL A LATER DATE? OR YOU DON'T HAVE TO ENTERTAIN A MOTION NECESSARILY TO ADMIT THIS INTO EVIDENCE IF, IF, UM, THERE'S NO OBJECTION FROM ANYONE ELSE.
UM, AND IF NO ONE HAS ANY CONCERNS ABOUT ITS ADMISSIBILITY, YOU CAN
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RECEIVE IT INTO EVIDENCE AND YOU CAN TAKE A MOMENT AT THIS TIME TO REVIEW THE LETTER IN ITS ENTIRETY.DOES, WOULD EVERYBODY LIKE AN OPPORTUNITY TO READ THROUGH OR WE I'VE READ IT.
AND THE LAST SLIDE HERE IS JUST THE SITE PLAN THAT YOU PREVIOUSLY SEEN.
THIS IS JUST THE LAYOUT FOR WHAT'S BEING PROPOSED.
SO I WILL, UH, LEAVE IT ON THIS SCREEN, BUT IS THERE ANY QUESTIONS FROM THE BOARD AT THIS TIME THAT I CAN TAKE REAL QUICK? KENDRICK? YES, SIR.
UM, THIS IS NOT CURRENTLY A BUS STATION.
THIS IS CURRENTLY A CLOSED GAS STATION, RIGHT? YES.
IT INITIALLY, UM, WAS OPEN AND THIS WAS PRIOR TO THE APPLICANT UNDERSTANDING THAT THE USE, UH, REQUIRED A SPECIAL USE PERMIT FOR THE PROPERTY.
IT WAS PREVIOUSLY ESTABLISHED AT MLK, BUT HE'S TRANSITIONED TO THIS PROPERTY AND JUST KIND OF THOUGHT THAT THAT CARRIED OVER.
SO WE INITIALLY HAD A CALL AND WE HAD TO GO OUT AND BEGIN THE ENFORCEMENT PRINCIPLE, BUT HE'S TRYING TO REMEDY BY ACTUALLY OBTAINING THE SPECIAL USE PERMIT.
SO IS IT CURRENTLY, CURRENTLY IT TECHNICALLY HAS NO USE, SO, BUT IS IT CURRENTLY EQUIPPED TO BE THE BUS STATION AS PROPOSED OR THERE CHANGES THAT ARE GOING TO OCCUR AFTER THIS HEARING? THAT WOULD MOST LIKELY OCCUR AFTER THE FACT, BUT THE APPLICANT DOES, UM, ESSENTIALLY GIVE INTO THIS SITE PLAN AND EXPRESS THAT HE WILL ABIDE BY THE SITE PLAN TO MAKE IT TO THE POINT TO WHERE IT NEEDS TO BE.
HE'S BEEN WORKING WITH MYSELF AND THE ASSISTANT CITY ATTORNEY AS, UM, AS WELL AS, EXCUSE ME, THE BUILDING DEPARTMENT TO ASSESS SOME OF THE CONCERNS THERE WITH THE CANOPY, I BELIEVE.
UM, AND HE'S BEEN PROACTIVE, IF I WILL, UM, IN TRYING TO MAKE THESE CHANGES TO MAKE SURE THEY'RE IN ACCORDANCE TO WHAT PLAN YOU WOULD APPROVE TODAY.
AND, AND IT'S MY UNDERSTANDING, AND CORRECT ME IF I'M WRONG, THAT THERE IS NO OTHER BUS STATION IN NEWBURGH.
THAT'S MY UNDERSTANDING AS WELL.
UM, A LOT OF PEOPLE HAVE RAISED CONCERNS ABOUT IT BEING REMOVED.
UH, I CAN TELL YOU, I KNOW YOU WEREN'T AT PREVIOUS MEETING, MS. SAMPSON HAD GAVE, GIVEN THE STATEMENT, UM, IN REFERENCE TO THIS BEING THE ONLY BUS STATION THAT WAS ACTIVE IN THIS AREA FROM WHAT I UNDERSTOOD.
SO KENDRICK, YOU SAID THE DOT PURCHASED THIS ROUTE? YES, SIR.
AND I WAS NOT AWARE THAT AS TO THEIR INVOLVEMENT.
UM, THE GENTLEMAN, THE REPRESENTATIVE THAT I SPOKE WITH WAS A MR. HART EVANS, BUT I BELIEVE HIS FIRST NAME IS JOHN, AND HE EXPRESSED THAT THEY PURCHASED THIS ROUTE AND THEN ESSENTIALLY IT'S OFFERED TO BID, AND THE ONLY ONES THAT BID ON THE ROUTE WERE THE GREYHOUND BUS STATION.
SO IN, UH, IN THEORY OR IN ESSENCE, I GUESS THEY JUST ALLOW THEM TO KIND OF DO THEIR THING IS HOW HE REFERENCED IT TO ME.
UM, BUT HE'S NOTICING THAT THEY MAY NEED TO ACTUALLY TAKE UP MORE INVOLVEMENT WHEN IT COMES TO SOME OF THESE THINGS BEING ESTABLISHED.
AND THIS IS ONE OF THOSE SCENARIOS.
SO HE HAD REACHED OUT TO, UH, THE ASSISTANT DIRECTOR, MR. ROBERT GOFF, LEFT A VOICEMAIL AND THEN EXPRESSED THAT HE WANTED TO FIGURE OUT IF THEY COULD BE OF ASSISTANCE IN GETTING THIS TO MOVE FORWARD.
SO, SO THE, THE DOT PURCHASED THE ROUTE FROM EACH PROPERTY OWNER WHO I'M NOT CERTAIN WHO THEY MAY HAVE PURCHASED IT FROM.
HE JUST ALLUDED TO THAT IT WAS PURCHASED AND IT'S ESSENTIALLY THROUGH N-C-D-O-T AS A ROUTE.
UM, HE DIDN'T GIMME THE FULL LOGISTICS, BUT BASICALLY GREYHOUND OPERATES UNDERNEATH THAT ROUTE, IF THAT MAKES SENSE.
TO BE HONEST, IT'S UNCLEAR TO ME, YOU KNOW, WHO RECEIVED THE MONEY FROM THE DOTI ABSOLUTELY UNDERSTAND.
I DID NOT RECEIVE THAT INFORMATION FROM THEM.
AND UNFORTUNATELY I DON'T, I DON'T HAVE A DEFINITIVE ANSWER ON WHO MAY HAVE RECEIVED IT.
UM, THE ONLY THING I COULD REALLY SPEAK TO IS THEIR ESTATE AGENCIES.
I'M ASSUMING IT HAD TO HAVE GONE TO SOME THROUGH SOME EXCHANGE.
I I JUST DON'T KNOW THE PARTICULAR RIGHT.
YOU KNOW, UH, CITY ATTORNEY, I BELIEVE WE HAVE THE SUBPOENA POWER THAT WE COULD SUBPOENA REPRESENTATIVE FROM DOT TO ANSWER THESE QUESTIONS.
THAT IS A VERY GOOD QUESTION MR. FERGUSON.
UM, I DON'T KNOW IF THAT'S THE MOST EFFICIENT WAY FOR YOU TO GET THE INFORMATION THAT YOU MIGHT NEED, BUT IF THIS BODY WERE TO DETERMINE THAT YOU NEED CLARIFYING INFORMATION, UM, THERE MAY BE METHODS THAT CAN BE UTILIZED TO GATHER THAT INFORMATION FOR YOU SHORT OF USING SUBPOENA POWER.
DO WE HAVE ANY ADDITIONAL QUESTIONS? UH, I GUESS I WOULD LIKE TO QUESTION WHY WE WOULD NEED TO KNOW WHO RECEIVED THE MONIES, IF THAT, IF THAT'S WHAT RYAN IS ASKING.
I, I TOOK IT AND I DON'T, YOU MEAN RYAN CAN ANSWER, BUT I, I TOOK IT AS JUST, I MEAN A CURIOSITY, BUT I MEAN, IT'S APPARENT THAT DOT USED FEDERAL FUNDS TO PURCHASE THE ROUTE ON RELIANCE.
THAT THERE IS A, AND MAYBE THIS IS A QUESTION FOR THE APPLICANT, BUT I'M RELIANCE THAT THERE'D BE A BUS STATION HERE, AND IF THIS IS THE ONLY BUS STATION, THEN, YOU KNOW, THIS KIND OF PUTS THE ROUTE IN JEOPARDY IS AT LEAST HOW I READ THIS LETTER.
[00:15:01]
THAT'S KIND OF, I'D BE CURIOUS ON THAT POINT, BUT I, I THINK, I MEAN, I TEND TO AGREE THAT YOU CURIOSITY FOR THE SAKE OF CURIOSITY, BUT I'M NOT, THE REALITY IS I, I'M NOT SURE THAT IT HAS SOMETHING TO DO WITH OUR DECISION AS TO THIS, UM, GOING FORWARD.I I WOULDN'T NECESSARILY SAY THAT THAT WOULD INTERACT WITH YOUR DECISION.
UM, WHAT I WOULD EXPRESS IS THAT YOU HAVE A STATE AGENCY, UM, THAT IS REFERENCING THEIR, UM, I GUESS MOTIVE NECESSARILY OR THEIR, UH, INVOLVEMENT IN THIS ACTUAL ITEM, WHICH THEY'RE DEEMING AS A PUBLIC NECESSITY IN THE MEANS OF A PUBLIC TRANSPORTATION FOR THE CITIZENS OF NEWBURN.
SO WHEN YOU LOOK AT THE CRITERIA, WHICH IS ON THAT APPLICATION, YOU HAVE THE OPTION ESSENTIALLY BETWEEN LIKE THE APPRAISERS REPORT TO REFLECT THAT IT'S NOT GONNA INJURE ANY VALUES OR ABUTTING PROPERTY VALUES, UM, VERSUS THE OR FACTOR, WHICH IS, OR IT'S A PUBLIC NECESSITY.
SO YOU CAN GO OFF OF EITHER ONE, I WOULD DEEM AND STAFF WOULD SAY THAT THIS IS CREDIBLE 'CAUSE IT COMES FROM AN EXPERT, UH, ESSENTIALLY EXPERT AGENCY, WHICH WOULD BE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.
SO THAT WOULD BE WHERE THE BOARD'S CONSIDERATIONS REALLY NEED TO BE RELYING ON.
AND MR. CHAIR AND THE SPIRIT OF BEING HELPFUL, UM, I, I AGREE WITH MR. STATON THAT THE RELEVANT CRITERIA FOR YOU TO FOCUS YOUR ATTENTION ON AT THIS POINT WOULD BE NUMBER FIVE.
THE USE WILL NOT MATI WOULD NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR REBUTTING PROPERTY, OR THAT THE USE IS A PUBLIC NECESSITY.
THE, THE COMMENT AND THE OR IS VERY SIGNIFICANT.
YOU CAN FIND EITHER ONE OF THE CRITERIA ON EITHER SIDE OF THAT PUNCTUATION AND THE INFORMATION BEING PROVIDED TO YOU TONIGHT, UM, MAY HAVE A TENDENCY TO SUGGEST THAT THE USE AS BEING PROPOSED IS A PUBLIC NECESSITY.
NOW IT'S WITHIN YOUR PURVIEW TO WEIGH, UM, THE CREDIBILITY OF THE EVIDENCE AND HOW TO ASSIGN ANY ADDITIONAL WEIGHT TO THE EVIDENCE.
UM, BUT IF YOU FIND THAT IT'S COMPETENT MATERIAL AND SUBSTANTIAL, UM, BY SOMEONE WHO HAS PROFESSIONAL CREDENTIALS FROM A STATE AGENCY, UM, WHO'S KNOWLEDGEABLE IN TRANSPORTATION MATTERS, SEEING IF THEY'RE THE DEPARTMENT OF TRANSPORTATION, THEN YOU CERTAINLY CAN BEAR THAT INFORMATION IN MIND.
YEAH, I, I'LL, I'LL JUST SAY, I MEAN, I, I THINK, AND JUST FOR THE RECORD, I'M LOOKING AT THIS SAME LETTER THAT WAS JUST PUT INTO EVIDENCE FROM THE MOBILITY DIVISION DIRECTOR AT DOT AND BASED ON THE ALPHABET SOUP AFTER HIS NAME, THE CREDENTIALS, AND THEN THE INFORMATION PRESENTED.
I DON'T THINK IT, I MEAN, I WOULD, I WOULD TAKE THIS AS, YOU KNOW, IN LIEU OF EXPERT TESTIMONY, BUT EXPERT EVIDENCE TO SUGGEST THIS WOULD BE A PUBLIC NECESSITY.
SO I'M, I'M READY TO VOTE FOR IT, BUT WE CAN HEAR FROM THE APPLICANT.
CAN I ASK YOU A QUESTION, MS. SHANNON? YES, SIR.
SO ON NUMBER FIVE, ARE WE SAYING THAT IF IT'S A PUBLIC NECESSITY, THEN YOU DON'T CONSIDER ANYTHING ELSE? OR IS, IS IT, IS, IS THAT TRUMP EVERYTHING BEFORE THE COMMA? IF I'M UNDERSTANDING YOUR QUESTION CORRECTLY, YOU WANT TO KNOW IF YOU DON'T FIND, IF THERE'S NO EVIDENCE IN THE RECORD ABOUT A REDUCTION IN VALUE OF ADJOINING PROPERTIES.
IF THERE IS, AND IT'S A PUBLIC NECESSITY.
IF IT'S A PUBLIC NECESSITY, YOU SATISFY THE CRITERIA.
SO ONE, ONE REASON I THINK WE CONTINUED THE MEETING WAS DUE TO THE LACK OF INFORMATION FROM AN APPRAISER THAT MAY OR MAY NOT HAVE HELPED OUR DECISION PROCESS AND THAT WE DIDN'T HAVE AN ENGINEERING, UM, INFORMATION IN REFERENCE TO LIGHTING FROM A SAFETY STANDPOINT.
I THINK THOSE ARE TWO OF OUR BIGGEST CONSIDERATIONS.
UM, SO WE, IF, IF IT DOES BECOME A PUBLIC NECESSITY AND THAT MAKES THE APPLICATION COMPLETE DUE TO THE LETTER, IS IT POSSIBLE FOR US TO ADD A CONDITION, UM, AS WE DISCUSS THINGS THAT MAY HELP SOLVE SOME OF THE SAFETY CHALLENGES THAT WE POTENTIALLY TALKED ABOUT AT THE LAST MEETING? WOULD THAT WELL, IT, IT'S MY UNDER, I'M SORRY.
I DIDN'T MEAN TO INTERRUPT YOU, MR. CHAIRMAN.
UM, I'M, I'M GUESSING, I'M, I'M JUST CURIOUS, UM, IF, IF WE NEED TO STOP, UM, OR IF WE CAN, YOU KNOW, ADD IN, YOU KNOW, LIGHTING TRAFFIC, UM, OR ANY OF THE OTHER TOPICS THAT WE HEARD AT THE LAST MEETING THAT MAY OR MAY NOT HAVE BEEN A CHALLENGE.
SO JUST TO GIVE JAMIE TIME TO THINK ABOUT THAT QUESTION.
TO VERIFY WITH KENDRICK, THIS IS FOR THE SPECIAL USE PERMIT.
AND IT'S MY UNDERSTANDING THE SITE PLAN STILL HAS TO GO THROUGH THE APPROVALS WITHIN THE CITY FOR THE DEVELOPMENT OF, I MEAN, I THINK THERE ARE ISSUES WITH THE, UM, THE CANOPY AND THEN POTENTIAL LIGHTING WOULD BE ADDRESSED
[00:20:01]
AT THE STAFF LEVEL.IS THAT RIGHT? THAT IS CORRECT ON THAT PORTION, BUT I WILL TELL YOU THAT DRC DOES TAKE PLACE PRIOR TO THIS ACTUAL MEETING.
SO THE DRC IS ESSENTIALLY, WE'VE GONE THROUGH THAT POINT, BUT OUR BUILDING DEPARTMENT IS THOROUGHLY WORKING WITH, UH, MR. MOIR ON FIXING THE ISSUES WITH THE CANOPY.
UM, AND, UH, ALSO THE ASSISTANT CITY ATTORNEY HAS HELPED IN THAT REFERENCE AS WELL TO MAKE SURE THAT WE ARE ADDRESSING ANY ISSUES THERE.
BECAUSE I, I'M LOOKING AT SPECIFICALLY THE, THE MEMO FROM YOU DATED OCTOBER 22ND, 2024 FROM THE DRC WHERE IT SAYS, PROVIDE LIGHTING PLAN IF, IF APPLICABLE.
AND SO IS THAT, I MEAN, IF IT DEALS WITH A SAFETY CONCERN, IF APPLICABLE, IS THAT IF APPLICABLE UNDER THE CITY'S CODE OF ORDINANCES? IF A CONDITION OF THE SPECIAL USE PERMIT, WHAT IS THE PLAY THERE? SO THE APPLICABILITY FACTOR KIND OF COMES INTO PLAY DEPENDING ON WHAT THE APPLICANT IS ACTUALLY, UM, SUGGESTING.
SO IN SOME CASES YOU HAVE COMMERCIAL LIGHTING THAT WILL IMPACT LIKE STREETS AND THINGS OF THAT EFFECT.
SO YOU DON'T WANT A LIGHT THAT IS BLARING INTO THE STREET MM-HMM.
SO IF IN THAT CASE WHERE THEY'RE PROPOSING A LOT OF ADDITIONAL LIGHTING, WE WOULD, WE WOULD LIKE TO SEE LIGHTING.
BUT HOW DO YOU FIND THE SHIELD THAT EXPOSURE SO THAT YOU'RE NOT CAUSING HARM TO THE OTHER CITIZENS THAT ARE GONNA BE UTILIZING, YOU KNOW, THE ROAD OR, UM, OR SOMEWHERE IN THE VICINITY UPSET BUILDING.
SOME COMMERCIAL BUILDINGS HAVE STRONGER LIGHTS THAN OTHERS AND THEY CAN IMPEDE OR DISRUPT, UH, VISUAL EFFECTS FOR CITIZENS.
SO THAT'S TYPICALLY WHEN WE SEE A, UM, IT'S MORE COMMON IN A NEW, A NEW BUILDING TYPICALLY, UH, THEY PROPOSE A LOT OF DIFFERENCES OF LIGHTING AROUND.
THAT'S WHEN WE WANTED TO UNDERSTAND, WELL, HOW ARE YOUR, HOW ARE YOU GONNA SHIELD THE EXPOSURE? UM, I CAN'T REMEMBER THE EXACT TERM FRAME, BUT IT'S LIKE LIGHT SPILLAGE, SOMETHING TO THAT EFFECT.
SO THAT'S REALLY WHEN THAT COMES INTO PLAY.
I WOULDN'T SAY THAT THAT COMES NECESSARILY IN PLATE HERE.
'CAUSE I HAVEN'T SEEN ANYTHING THAT WAS, UM, PROPOSED NECESSARILY FROM MR. MOKI IN RELEVANCE TO, YOU KNOW, UH, A BUNCH OF ADDITIONAL LIGHTING.
WELL, I THINK AT THE LAST MEETING THERE WAS A, WE HAD TESTIMONY, UM, IN REFERENCE TO FROM, I THINK IT WAS AN ADJOINING OWNER, UM, OF PEOPLE SPENDING THE NIGHT IN VEHICLES ON THE PROPERTY.
UM, AND I THINK THAT'S WHERE POTENTIALLY THE QUESTION ABOUT AN ENGINEER'S, UM, DRAWING OR, OR, OR, UM, PLAN IN REFERENCE TO LIGHTING TO TRY TO ALLEVIATE SOME OF THAT SINCE WE ALSO HAVE A, UM, A DAYCARE CENTER JOINING THE PROPERTY.
UM, SO I GUESS THAT'S WHERE THE LIGHTING CHALLENGES CAME UP.
AND WHERE I HAVE QUESTION ABOUT ADDING A CONDITION THAT SAYS SOMETHING IN REFERENCE TO THAT, IF WE MOVE FORWARD, YOU MAY WANT TO INQUIRE THE APPLICANT, UM, ABOUT IF HE UNDERSTANDS THAT CONCERN, IF THERE'S ANY LEGITIMACY TO THAT CONCERN, AND IF SO, HOW HE PLANS TO MITIGATE THAT CONCERN BEFORE YOU BEGIN DISCUSSING IF A CONDITION IS NECESSARY.
SO YOU MIGHT WANT TO INQUIRE AT THE APPLICANT.
SO I GUESS, DO ANYBODY HAVE ANY ADDITIONAL QUESTIONS IN REFERENCE TO PROCESS OR WHERE WE'RE AT BEFORE WE NO.
UH, YEAH, LET'S, LET'S OPEN UP HAVING THE APPLICANT COME FORWARD.
UM, AND PLEASE TRY TO HELP US THROUGH SOME OF THE THINGS YOU WERE OBVIOUSLY AT THE LAST MEETING ALSO.
UM, AND I THINK, UM, THE, THE CONCERNS THAT I EXPRESSED, I THINK YOU HEARD, AND, UM, THOSE ARE SOME THINGS THAT MIGHT HELP US, UM, THROUGH THE PROCESS.
PLEASE, UM, UH, BE HONEST WITH YOU, AFTER I LEFT LAST TIME, I, UH, UH, GOT IN CONTACT WITH MR. K KENDRICK, UH, WHERE TO START AND STUFF.
AND I FOUND COUPLE NAMES FOR LIKE, APPRAISALS TO, TO GIVE ME THAT REPORT OR TO COME HERE TO, TO SAY LIKE HOW IT'S, UH, IF IT HAS ANY IMPACT OR NOT ON THE NEIGHBORING PROPERTIES.
UH, BUT BOTH, BOTH OF THEM, THEY TOLD ME THAT THEY NEEDED SOME TIME TO FINISH THAT REPORT.
SO, UH, I CAME TODAY ACTUALLY TO ASK FOR, UH, SOME KIND OF CONTINUOUS, BUT AT THE MEANTIME, I THINK THAT, UH, THE DOT, THEY REACHED TO MR. KENDRICK TALKING ABOUT HOW NECESSARY, UH, THIS, UH, UH, WHAT THEY CALL IT, LIKE STATION FOR THEM BECAUSE IT'S, IT WAS VERY, UH, WHEN I HAD IT BEFORE ON HIGHWAY 17, IT WAS VERY IMPORTANT FOR THEM.
THEY WERE GETTING DIESEL FROM ME AND DEPENDING ON ME A LOT.
SO, UH, AND THEY'VE BEEN TALKING TO ME AND, UH, SAYING LIKE, HOW CAN WE HELP YOU? HOW CAN WE, UH, WHAT WE CAN DO TO GET IT BACK RUNNING? AND I TOLD THEM WHAT'S GOING ON EXACTLY.
AND, UH, WE WERE WAITING FOR THIS MEETING TONIGHT, ACTUALLY, I THOUGHT IT'S GONNA BE ON THE FIFTH OF THE NEXT MONTH, BUT IT WAS BECAUSE WHEN I LEFT LAST TIME, I DIDN'T KNOW WHEN I NEED TO BE BACK HERE.
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SO, UH, BUT IT'S REALLY VERY NECESSARY FOR THEM, UH, TO HAVE THIS ONE IN NEWBURN, ESPECIALLY IN NEWBURN BECAUSE IT'S LIKE IN THE MIDDLE IN BETWEEN VIRGINIA AND SOUTH CAROLINA.AND, UH, I WAS PROVIDING MORE SERVICE THAN ANY OTHER, UH, BUS STATION BEFORE, LIKE, IF YOU WILL, LIKE, UH, IF THEY HAVE SOMETHING SHIPPED, IF THEY, YOU KNOW, A LOT OF STUFF.
SO, UH, AND I THINK, UH, UH, THE GREYHOUND BUS STATION, THEY'RE GETTING SOME KIND OF HELP FROM THE FEDERAL GOVERNMENT FOR THIS ROUTE BECAUSE, UH, IT WASN'T COVERED BEFORE.
UH, LIKE THESE AREAS THEY HAVE, THEY DON'T HAVE ENOUGH, UH, TRAFFIC AND PASSENGERS TO, YOU KNOW, TO GET ON THE BUS AND TO PAY ALL THESE EXPENSES.
AND THAT'S WHY THEY'RE TALKING ABOUT, UH, THAT KIND HELP TO GET HIM FROM THE FEDERAL GOVERNMENT.
YEAH, I, I THINK IT'S A GREAT IDEA AND I THINK WE NEED TO, TO FIGURE OUT A WAY TO GET YOU BACK IN MOTION AND, AND, AND BE GOOD TO GO.
AND LIKE I TOLD YOU THAT THIS LOCATION, UH, UH, WHEN I MOVED, UH, WHEN I FINISHED AT THE PREVIOUS LOCATION WHERE I WAS, I CAME TO THIS ONE, I WAS LUCKY ACTUALLY TO FIND THIS ONE BECAUSE I WAS OUT OF NOWHERE.
LIKE, I CAN'T GO NOWHERE, BUT ONCE I'VE, I'VE SEEN THIS LOCATION FOR SALE, I JUMPED ON IT, BUT I WAS NOT READY FOR THIS.
SO THIS IS JUST LIKE SHOCK ME, BUT I'M WORKING ON IT AND I NEED THE PLACE TO BE THE BE MOST BEAUTIFUL ONE IN TOWN TOO,
YEAH, I, I'M, I MEAN, I LIKE TO WORK LIKE WITH THE LAW AND, YOU KNOW, WITH EVERYTHING ACCORDING TO THE RULES AND EVERYTHING, I'M NOT LIKE SAYING, BUT IT'S A MATTER OF TIME.
SO I THINK THAT WE'RE, WHERE WE'RE, WE'RE AT CURRENTLY, UM, NUMBER FIVE WAS A BIG QUESTION LAST TIME IN REFERENCE TO THE APPRAISAL.
AND SINCE WE'VE GOT A, UH, REPORT FROM THE STATE DEPARTMENT OF TRANSPORTATION, WHICH MAY OR MAY NOT GIVE EVERYBODY THE THOUGHT THAT THIS IS A PUBLIC NECESSITY, THAT WOULD SOMEWHAT, UM, HELP ON NUMBER FIVE AND, AND ALLEVIATE THE CHALLENGE OF HAVING AN APPRAISAL TODAY.
SO I, I THINK WE'RE, WE'RE GOOD THERE IN, IN SOME WAYS MAY OR MAY NOT DEPEND ON EVERYBODY'S WANTS TO THINK HERE.
THE CHALLENGE THOUGH, I THINK STILL COMES BACK TO THE SAFETY ISSUES AND, AND IF, AND THAT'S WHY I ASKED THE QUESTION, UM, WITH THE ASSISTANT CITY ATTORNEY AND KENDRICK, UM, JAMIE THERE, AND IF LIGHTING IS A CHALLENGE, AND WE DO HAVE PEOPLE THAT SPEND THE NIGHT IN A CAR IS LIGHT, IF LIGHTING MAY OR MAY NOT FIX THAT, THOSE ARE TYPE OF THINGS THAT WE NEED TO BE SOMEWHAT CONCERNED ABOUT FOR THE ADJOINING LANDOWNERS, ESPECIALLY SINCE WE HAVE A DAYCARE.
UM, AND I THINK MAYBE IF YOU HAVE AN OPPORTUNITY, IS THERE SOME WAY THAT YOU COULD TELL US MOVING FORWARD WHAT YOU MAY OR MAY NOT PLAN TO DO IN REFERENCE TO THE CANOPY, THE LIGHTING, UH, TRAFFIC PLAN? TO BE HONEST WITH YOU, LIKE A CAR STAYING IN THERE, IT WAS MY CHOICE TO LEAVE HIM IN THERE BECAUSE WHEN I TALKED TO HIM, I WENT THERE TO KICK HIM OUT FROM THE PROPERTY.
BUT WHEN I TALKED TO HIM, I FOUND OUT HE'S LIKE A VERY NICE PERSON, CLEAN PERSON, AND HE JUST, UH, BEGGED ME TO STAY THERE BECAUSE HE HA HE'S FROM RALEIGH AND HE WANNA LIKE A PLACE WITH THE CANOPY BECAUSE IF HE OPENS THE WINDOWS IN HIS CAR AND HE WANNA SLEEP, THE, THE RAIN DOESN'T COME IN HIS CAR.
SO I FELT SORRY FOR HIM, AND I LET HIM STAY AND HE'S IS NOT HARMFUL OR NOTHING, YOU KNOW.
AND, UH, I TOLD HIM IT'S OKAY, BUT I TOLD HIM ONCE I'M READY TO OPEN OR DO SOMETHING, YOU NEED TO LEAVE.
AND, UH, I THINK THAT WAS MY, MY FAULT, MAYBE.
UH, AND THAT'S THE ONLY ISSUE WE HAVE THERE, ACCORDING TO THE LIGHTING, THE WHOLE LIGHTING IN THE SITE WORKING.
BUT WHERE, BECAUSE I WAS NOT READY TO OPEN UP, I WAS PAYING LIKE $2,000.
THE CITY'S CHARGING ME 2000 EVERY MONTH JUST TO HOOK UP WITHOUT USING ANY LIGHT, $2,000, YOU KNOW.
AND THEN I, UH, I HAD IT TO GO IN FOR, UH, SIX, SEVEN MONTHS AND THEN I SAID, UH, STOP IT WHEN I'M READY, I'M GONNA HOOK IT UP AGAIN.
AND THAT'S ALL THE ONLY REASON.
I JUST STOPPED TO REMODEL AND THEN START AGAIN, AND THAT, THAT'S ALL.
AND, UH, THERE IS ENOUGH LIGHTS ACTUALLY FROM THE NEIGHBOR BUSINESSES, FROM THE STREET LIGHTS, EVERYTHING, UH, EVERYTHING IS FINE THERE.
[00:30:01]
WELL SINCE I GOT IT.AND, UH, I'M GONNA, GONNA PUT A FENCE SO THEY, THEY CANNOT GO TO THE NEIGHBORS BECAUSE THEY JUST CAN'T COME ONE WAY AND GO OUT ONE WAY.
DOES ANYBODY ELSE HAVE YOU, UM, LAST TIME WE WERE TALKING ABOUT HAVING ACCESS TO WAITING ROOMS AND BATHROOMS FOR THE, THE BUS, UM, PEOPLE COMING ON THE BUS WAITING TO CATCH A BUS, PICK UP PEOPLE FROM THE BUS.
UM, IF YOU GET THIS LINE BACK GOING AGAIN, IS ALL OF THAT READY SO THAT IT'S AVAILABLE TO THOSE PEOPLE? YES.
UH, I MEAN, THE BATHROOMS, THEY'RE IN A GOOD SHAPE.
UH, I CLEANED THEM WHEN I GOT THE PLACE.
UH, I PUT LOCKS ON THE DOORS AND EVERYTHING.
EVEN, UH, WHEN I'M CLOSED, LIKE IF THE BUS CAME WHILE WE ARE AFTER HOURS OR SOMETHING, THE BUS ITSELF HAS BATHROOMS, SO THEY DON'T NEED TO USE REALLY HOME BATHROOMS BECAUSE EVERY BUS HAS BATHROOM AND UH, UH, THEY DUMP SOMEWHERE ELSE, YOU KNOW? SO IT'S, THIS IS SOMETHING EXTRA.
PLUS I'M NOT TOO FAR FROM LIKE THE GAS STATION, IT'S ACROSS THE STREET.
THEY COULD GO THERE, BUY SOMETHING, COME BACK, OR, OR IF THEY'RE WAITING FOR THE BUS, SO IT'S NOT LIKE IN A ISOLATED AREA OR SOMETHING.
YOU KNOW? BUT I AM READY TO DO EVERYTHING.
AND I WAS MEET, EVEN WHEN I WAS CLOSED, I WAS MEETING THE BUS ON TIME.
SO ALL EITHER IN THE MORNING OR IN THE AFTERNOON, WHEN I GO THERE, MAKE SURE HE, HE GOT EVERYTHING AND ASK THE DRIVER, UH, WHAT YOU NEED, WHAT YOU DON'T NEED, YOU KNOW, AND I HELP HIM MANY TIMES WITH EV A LOT OF STUFF.
ACTUALLY, IF I REMEMBER CORRECTLY, YOU SAID BOTH BUSES ARRIVED DURING DAYLIGHT HOURS, CORRECT? EXACTLY.
THE LATEST ONE IS LIKE TWO O'CLOCK IN THE AFTERNOON.
AND SO YOU SAID IT ALSO THAT EVENTUALLY YOU PLANNED TO REOPEN THE GAS STATION? YES.
ACTUALLY, I HAVE WAITING, PEOPLE WAITING RIGHT NOW TO RENT IT FROM ME IF I'M NOT GONNA DO IT, BUT I AM GONNA DO IT MYSELF.
ASSUMING WE GO THROUGH THE ELEMENTS AND WE DECIDE TO GRANT THE SPECIAL USE PERMIT, WOULD YOU, UH, WOULD YOU CONSENT TO A CONDITION OF THAT SPECIAL USE PERMIT THAT YOU WILL NOT HAVE OR ALLOW PEOPLE TO SLEEP IN THEIR CARS IN THIS AREA? YES.
NO, NO, THIS, THIS IS NOT ALLOWED.
I MEAN, WE ALWAYS, WE HAVE GOOD RELATIONSHIP WITH THE POLICE DEPARTMENT.
ACTUALLY, ONCE I CALL, THEY KNOW ME BECAUSE I CALLED IN THE PAST MANY TIMES.
AND, UH, UH, WE NEVER HAD ANY PROBLEM.
LIKE I TOLD YOU, I LET THE GUY STAY, ONE GUY AND ANOTHER GUY CAME IN BECAUSE THAT ONE STAY, AND BOTH OF EM GONE.
I, I THINK THERE'S JUST A GENERAL CONCERN OF, OF, YOU KNOW, SAFETY, WHICH IS AN ELEMENT OF THE SPECIAL USE PERMIT OF SAFETY, ALLOWING, YOU KNOW, INDIVIDUALS TO STAY OVERNIGHT IN A CAR IN THIS AREA.
AND SO IF YOU'RE, I MEAN, BUT IT SOUNDS LIKE YOU WOULD CONSENT TO THAT CONDITION.
SO I WILL, I WILL TAKE YOU IT.
RYAN, DO YOU HAVE ANOTHER QUESTION? LOOKS LIKE YOU, I HAVE A QUESTION FOR MS. JAMIE AND MAYBE A FOLLOW UP FROM THE APPLICANT? YEAH, SURE.
YOU KNOW, I'M NEW HERE,
BUT IN NUMBER SIX, WE'RE IF, IF DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED AND APPROVED, WILL BE IN HARMONY WITH THE AREA, WHICH IS TO BE LOCATED IN GENERAL CONFORMITY WITH THE PLAN OF THE DEVELOPMENT.
SO WE'LL BE IN HARMONY WITH THE AREA.
UM, THIS HAS ME THINKING ABOUT A LOT OF STUFF IN NUMBER FIVE, EXCEPT THE NUMBER SIX DOESN'T HAVE THE OR STATEMENT.
SO DO, DID IS WILL BE IN HARMONY.
DOES THAT HAVE ANYTHING TO DO WITH AFFECTING PROPERTY VALUES OR SAFETY OR WHAT, WHAT ARE, WHAT ARE THEY REALLY TRYING TO TELL ME THERE? NO, SIR.
THIS, THIS IS MORE ABOUT COMPATIBILITY WITH NEIGHBORING USES.
UM, SO I THINK IN THE STAFF'S REPORT, THEY, UM, SHOWED AN AERIAL MAP AND TALKED ABOUT, UM, THE OTHER BUSINESSES AND OTHER PARCELS THAT ARE BEING USED IN THAT CORRIDOR.
I THINK IT'S ZONED COMMERCIAL, IF I'M NOT MISTAKEN.
I THINK THERE WAS SOME TESTIMONY ABOUT THAT THREE.
SO CO BUT ON YOUR SCREEN NOW IS THE ZONING OVER MAP, WHICH TELLS YOU THAT THIS IS A COMMERCIAL CORRIDOR IN THE NEIGHBORING PROPERTIES ARE ZONED.
UM, SIMILARLY AND GENERALLY THERE'S A PRESUMPTION THAT IF A PROPERTY IS ZONED FOR THE USE, THEN IT'S IN HARMONY.
[00:35:01]
ZONING MAP.YOU WANT TO REFLECT ON THE TESTIMONY, UM, BY THE WITNESSES TODAY AND IN THE PREVIOUS HEARING ABOUT THE TYPES OF USES THAT ARE GOING ON AROUND IT, AND TO DETERMINE IF A BUS STATION IS INCOMPATIBLE WITH THOSE, UM, ADJOINING USES.
SO JUST TO CLARIFY YOUR COMMENT, ESSENTIALLY, IF A BUS STATION CAN BE ALLOWED IN C3 UNDER A SPECIAL USE PERMIT, THAT IS ALMOST SUFFICIENT EVIDENCE OR IS EVIDENCE THAT IT IS IN HARMONY? CORRECT? THERE IS CERTAINLY A, A PRESUMPTION THAT IT IS IN HARMONY.
AND, AND THIS USE PRIOR TO A BUS STATION WAS A GAS STATION WHICH WAS ALLOWED AS A MATTER OF RIGHT.
WITHOUT A SPECIAL USE PERMIT FOR THIS ZONE, RIGHT? THAT WOULD BE A QUESTION THAT, THAT'S CORRECT, YES, SIR.
WAS THERE ANOTHER QUESTION? WOULD YOU HAVE ANY MORE COMMENTS, QUESTIONS? UH, UH, MR. CHAIR, AT THIS TIME, I MOVE TO THE REQUESTED PERMIT.
IT'S WITHIN ITS JURISDICTION, ACCORDING TO THE TABLE OF PERMISSIBLE USES.
ANY FURTHER DISCUSSION? WE HAVE A MOTION.
SO I GUESS, UM, MAKING PROGRESS, I'M, I'M READY TO MOVE, BUT I ALWAYS WANNA GIVE KATHLEEN A CHANCE.
SHE ACCUSES ME OF HOGGING MOTIONS, SO,
I'M I, MR. CHAIRMAN, I MOVE TO FIND THAT THE APPLICATION IS COMPLETE BASED ON THE STAFF EVIDENCE AND THE STAFF REPORT THAT WE'VE HEARD THIS EVENING AND IN A PRIOR HEARING.
DO WE HAVE ANY DISCUSSION OR A SECOND? SECOND.
DO WE HAVE A SECOND THAT THE APPLICATION IS COMPLETE? UH, MOTION TO SECOND.
OKAY, SO NOW WE'RE ON NUMBER THREE AND I'LL, I'LL READ IT.
UM, UH, IF COMPLETED IS PROPOSED AND THE APPLICATION DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE, DO DO I HAVE ANY DISCUSSION? DO I HAVE A MOTION? I MOVE THAT WE APPROVE NUMBER THREE.
LET'S JUST WAIT TIME,
UH, NUMBER FOUR, THAT THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY OF LOCATED, WE'RE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED.
IS THERE ANY DISCUSSION? DO WE HAVE A MOTION? SO MOVED.
WE HAVE A MOTION AND A SECOND.
UM, AND THIS IS THE ONE THAT WE HAD SOME CHALLENGES WITH, THOUGH, THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR A BUDDING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY.
SO WE DO HAVE A MOTION A SECOND.
UM, JUST FOR DISCUSSION PURPOSES, MR. CHAIR.
I, I WOULD SAY THAT, AND I CERTAINLY AGREE, I DO THINK THIS IS CONSIDERED A PUBLIC NECESSITY BECAUSE I DON'T THINK WE HAVE ANY EVIDENCE IN THE RECORD ABOUT THE VALUE OF ADJOINING PROPERTY, BUT WE DON'T NEED IT BECAUSE I THINK IT IS A PUBLIC NECESSITY.
AND THE BASIS OF THAT OPINION IS THE EXPERT REPORT THAT WE'VE BEEN GIVEN FROM BRENDAN, UH, FUQUAY, UH, FROM DOT ABOUT THE NECESSITY THAT THIS, UM, BUS STATION WOULD SERVE AS A, A VITAL TRANSPORTATION CORRIDOR FROM VIRGINIA TO SOUTH CAROLINA.
SO WITH THAT, I COMPLETELY AGREE.
YEAH, AND, AND DEFINITELY, UH, APPRECIATE THE ADDITIONAL EVIDENCE, UM, FOR THIS HEARING.
DO WE HAVE A MOTION? WE MOVE SECOND.
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 LOCATED AND IN GENERAL, CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY.
IS THERE ANY DISCUSSION? UH, DO WE HAVE A MOTION? I'LL MAKE THE MOTION SO WE HAVE A MOTION TO APPROVE NUMBER SIX AS SECOND.
ANY OPPOSED? OKAY, SO THE MOTION CARRIES.
SO THE NEXT QUESTION, DO WE NEED OR DO WE DESIRE TO DISCUSS ADDING, UM, ANY CONDITIONS TO THE
[00:40:01]
APPLICATION? I THINK GIVEN THE CONCERNS OF WHAT WE, WHAT YOU ALL HAVE EXPRESSED THAT YOU HEARD AT THE LAST HEARING, AS WELL AS SOME CONCERNS THAT WE HEARD, UH, AND AS WELL AS WHAT THIS USE IS GOING TO BE.I, I, I WANNA MAKE IT ABUNDANTLY CLEAR AND, AND BASED ON THE APPLICANT'S CONSENT, THAT I WOULD LIKE TO MAKE A CONDITION OF THE SPECIAL USE THAT THE PROPERTY WILL NOT BE USED TO ALLOW OVERNIGHT GUESTS IN VEHICLES.
WHETHER THAT BE, I PROMISE, WHETHER THAT BE AUTOMOBILE VEHICLES OR RECREATION VEHICLES, ANY TYPE OF VEHICLE, THERE CANNOT BE OVERNIGHT GUESTS ON THE PROPERTY THAT WOULD MAKE THAT CONDITION IN THE FORM OF A MOTION.
I'LL MAKE SURE LIKE I GO DAY AND NIGHT TO CHECK ON IT.
SO, SO WE HAVE A, A MOTION ON THE TABLE.
UM, DO WE NEED TO REWORD THAT? JAMIE, ARE WE GOOD OR NOPE.
YOU NEED A SECOND? OKAY, SECOND.
I DON'T KNOW IF WE CAN MAKE THIS A CONDITION, BUT, UM, JUST GIVEN WITH ALL THE CONCERNS AND EVERYONE'S IN AGREEMENT THAT THE CITY OF NEW BERN NEEDS A BUS STATION.
SO IS THERE ANY WAY THAT WE CAN TAP, UM, SOME OF THE CITY'S RESOURCES AS FAR AS ADDITIONAL, UM, POLICE CHECKING IN AT NIGHT? YOU KNOW, MAYBE IT'S ONE PLACE THAT THEY GO BY EVERY NIGHT.
AS MUCH AS I WOULD LOVE THE ABILITY TO MAKE THAT CONDITION, I THINK THAT LIES WITH THE ALDERMAN
ALTHOUGH ANYONE IN WARD SIX, I HIGHLY RECOMMEND YOU PUT IN YOUR APPLICATION
UM, SO I, I THINK IT'S A GREAT IDEA, BUT I, I WILL DEFER TO THE ATTORNEY THAT I DON'T THINK THAT CAN BE A CONDITION.
YEAH, I I THINK PERHAPS THAT'S OUTSIDE OF THE SCOPE OF YOUR PURVIEW.
HOWEVER, UM, I THINK YOUR SUGGESTION TO THE APPLICANT THAT HE USED AND CONTINUE TO COLLABORATE, UM, WITH LOCAL GOVERNMENT, WHETHER IT'S UM, POLICE OR WHOMEVER MM-HMM.
IT'S A GREAT, I THINK IT'S A GREAT POINT ACTUALLY.
I JUST, UH, TALKED TO THE POLICE, UH, OFFICE DOWN, UH, DOWNTOWN AND ASKED HIM TO PARK ONE OF THEIR CARS.
LIKE THEY, USUALLY THEY PARK A CAR, UH, SOME AND THEY TOLD ME TO CONTACT WITH THE, I FORGOT THE GENTLEMAN, HIS NAME, AND I'M GOING TO, TO PARK A CAR AND THAT WOULD MAKE DIFFERENCE TOO.
SO WE HAVE, UH, ONE CONDITION.
DO WE HAVE ANY ADDITIONAL DISCUSSION? NO.
DO WE NEED TO VOTE, UM, TO ISSUE THE PERMIT? YES, SIR.
UM, SO I GUESS WE NEED NOT ONLY THE MOTION ON THE PERMIT, BUT WITH THE CONDITION ATTACHED TO IT.
SO IF SOMEBODY'S GONNA MAKE THE MOTION, WE NEED TO WORD IT TO WHERE IT'S CONSISTENT WITH WHAT WE'VE DISCUSSED.
I MOVE BASED ON THE DISCUSSION AND VOTES FROM TONIGHT'S HEARING, AS WELL AS THE VOTE ON THE CONDITION, WHICH HAS PREVIOUSLY BEEN STATED AND AGREED TO BY THE APPLICANT THAT WE GRANT THE SPECIAL USE PERMIT WITH THE STATED CONDITION.
DOES THAT WORK FOR YOU, JAMIE? THAT WORKS.
SO WE HAVE A MOTION, MS. SECOND.
UM, DO WE HAVE A MOTION TO ADJOURN? I'LL MAKE THE MOTION WE ADJOURN.