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I CAUGHT ORDER[I. CALL TO ORDER]
THE AUGUST 13TH MEETING OF THE CITY OF NEWBURN PLANNING AND ZONING BOARD.UH, WILL YOU ALL PLEASE RISE AND JOIN ME FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG OF OUR COUNTRY? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO REPUBLIC, WHICH FANS INFORMATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
CAN I GET A ROLL CALL PLEASE? YES.
KELLY KAISER, LET THE RECORD TO MEMBER KAISER IS ABSENT.
MR. CHAIRMAN, WE HAVE A QUORUM.
[IV. APPROVE AGENDA ]
A MOTION TO APPROVE THE AGENDA? I MAKE A MOTION TO APPROVE THE AGENDA.ANY PER THE DISCUSSION? HEARING NONE.
[VI.A. Savoy Drive and NC Hwy 43 – Rezonings ]
STRAIGHT INTO ACTION ITEMS. UH, THE SAVORY DRIVE AND NC HIGHWAY 43 REZONING.NOAH, DO YOU HAVE A BRIEF FOR US? THANK YOU, CHAIRMAN AND BOARD.
AS A REMINDER, THIS IS AN ITEM BEING CONTINUED FROM LAST MONTH'S MEETING.
AS YOU MAY RECALL, THE APPLICANT IS PETER BOSWORTH AND THE REQUEST IS TO REZONE APPROXIMATELY 98 ACRES, UH, SPLIT BETWEEN TWO PROPERTIES.
THE REQUEST IS TO GO FROM AGRICULTURAL FIVE F TO COMMERCIAL THREE, AND WE'VE PROVIDED THE BOARD WITH, UH, ZOOMED OUT MAPS TO GIVE A BETTER UNDERSTANDING OF THE AREA.
UH, SO YOU CAN SEE THE SUBJECT PROPERTIES, UM, ARE FRONTING THE FUTURE 43 CONNECTOR.
THEY'RE SOUTH OF THE INTERSECTION OF US 70 AND 43 AND NORTH OF MLK BOULEVARD.
LOOKING AT THE AERIALS, YOU CAN SEE THAT THE PROPERTY IS UNDEVELOPED AND SURROUNDED BY UNDEVELOPED PROPERTY.
UH, TO THE EAST IS GREENBRIAR, TO THE SOUTH IS ARCADIA VILLAGE AND, UM, CREPE NEY FOREST.
TAKING A LOOK AT THE ZONING MAP, UH, YOU CAN SEE THAT THE PROPERTY IS BUDDING AGRICULTURAL FIVE F AND GREEN AND R SIX RESIDENTIAL AND THE DARKER YELLOW WE FIND COMMERCIAL THREE ZONING AND THE RED AT THE INTERSECTION OF US 70 AND 43.
AND ALSO ALONG DR. MARTIN MARTIN LUTHER KING JUNIOR BOULEVARD.
UH, TAKING A LOOK AT THE INTENT OF THE ZONING DISTRICTS, FIRST, THE AGRICULTURAL FIVE ZONING DISTRICT IS AGRICULTURAL AND FORESTRY WITH LOW DENSITY RESIDENTIAL.
IT DOES NOT PERMIT AGRICULTURAL USES THAT WOULD CONFLICT WITH, UH, RESIDENTIAL USES.
THE COMMERCIAL THREE ZONING DISTRICT IS ESTABLISHED FOR A COMMERCIAL, A RANGE OF COMMERCIAL AND PROFESSIONAL USES, AS WELL AS RESIDENTIAL USES.
IT IS OUR MOST INTENSE COMMERCIAL DISTRICT.
UH, INCLUDES A RANGE OF MIXED USES.
UH, THIS ZONING DISTRICT CAN BE FOUND ALONG RADIAL ROADS, UM, SUCH AS MLK, UM, AND THE HIGHWAYS NEWS BOULEVARD.
UH, WE'VE PROVIDED THE BOARD A ZOOMED OUT PORTION OF THE ZONING MAP TO SEE HOW THESE ZONING DISTRICTS INTERPLAY.
SO THIS IS NORTHWEST NEWBURN, SO YOU CAN SEE THAT THE AGRICULTURAL DISTRICTS IN GREEN ARE FOCUSED TO THE WEST ALONG THE PERIPHERY.
UM, ALONG THE LINE WITH THE ETJ AND RED IS THE COMMERCIAL THREE DISTRICTS.
WE DO SEE THESE ALONG MAJOR RADIAL ROADS, SUCH AS MLK BOULEVARD, UM, GLEN BURNIE ROAD NEW BOULEVARD, UM, AT THE INTERSECTION OF 43 AND 70, UM, IS WHERE WE'LL FIND THE COMMERCIAL DISTRICTS AGAIN THERE IN RED.
SO AS A REFRESHER, WE'VE INCLUDED THE COMPARISON CHART, UH, SHOWING A SAMPLING OF USES FOUND WITHIN EACH OF THESE DISTRICTS.
AGAIN, THE AGRICULTURAL A FIVE IS FOCUSED ON AGRICULTURE AND LOW DENSITY RESIDENTIAL.
THE COMMERCIAL THREE OFFERS A RANGE OF COMMERCIAL PROFESSIONAL AS WELL AS RESIDENTIAL USES THAT YOU CAN FIND, UM, ON THE SAMPLING OF USES.
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FOR BRINGING YOU MORE INFORMATION ABOUT THE MARTIN LUTHER KING JUNIOR BOULEVARD FOCUS AREA FOUND WITHIN THE 2022 LAND USE PLAN.SO YOU'LL FIND HERE IS A MAP SHOWING BOUNDARIES OF THIS FOCUS AREA.
THIS FOCUS AREA IS BOUNDED ALONG THE DARK.
BOULEVARD, UH, GOES FROM THE INTERSECTION WITH NEWS BOULEVARD WEST TO BTJ AS WELL AS NORTH TO HIGHWAY 70.
THIS DISTRICT IS APPROXIMATELY 6,000 ACRES IN SIZE, SO LOOKING A LITTLE CLOSER ON AT THE FOCUS AREA.
SO THE FOCUS AREA IS IDENTIFIED AS HAVING SUITABLE AREAS FOR FUTURE GROWTH AND DEVELOPMENT.
UH, PORTIONS OF THIS FOCUS AREA ARE TRANSIT SERVED AND CENTRALLY LOCATED, UH, WITH A PLAN SUGGESTING THAT THIS WOULD BE GOOD FOR DENSER MIXED USE DEVELOPMENT.
THE PLAN ALSO NOTES THAT THE CITY WOULD BENEFIT FROM GROWTH TOWARDS THE WEST.
MORE SPECIFIC TO THE PROPERTIES IN QUESTION TONIGHT, THESE PROPERTIES DO FALL WITHIN AN URBAN TRANSITION ZONE FOUND ON A FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN.
SO THE FUTURE LAND USE ZONES ARE DESCRIBED AS AREAS POISED FOR FUTURE GROWTH, UM, THAT ALSO SERVE AS BUFFERS TO RURAL AND OPEN SPACES.
SO THE LAND USE PLAN FOCUSES ON FOUR GOALS THAT INCLUDE LAND USE, DEVELOPMENT, UM, INFRASTRUCTURE, ENVIRONMENTAL PROTECTION, AND ECONOMIC DEVELOPMENT.
AND WE HIGHLIGHTED SOME PROPOSED POLICIES, UH, THAT WERE PROPOSED IN THE PLAN TO ACHIEVE THESE GOALS THAT YOU WANT.
AND NEXT, THE BOARD HAS ASKED FOR MORE INFORMATION CONCERNING UTILITIES IN THIS AREA.
SO, N-C-D-O-T REPORTS THAT THE COMPLETION DATE FOR THE 43 CONDUCTOR IS IN MARCH OF 2029.
IT DOES LOOK LIKE WORK IS PROGRESSING AHEAD OF SCHEDULE, POTENTIALLY COULD FINISH IN 2027, BUT THE COMPLETION DATE GIVEN BY DOT IS IN MARCH OF 2029.
UH, THE CITY DOES HAVE THE WEST NEWBURN WATER SYSTEM IMPROVEMENT PROJECT IN PLACE THAT WILL EXTEND WATER THROUGH THE NC CONNECTOR.
UH, CURRENTLY THE PROJECT IS ANTICIPATED TO START BIDDING AND CONSTRUCTION LATER IN THIS YEAR, SEA.
AND THERE'S ALSO A 12 INCH SEWER MAIN THAT WILL SERVE, UH, DEVELOPMENT IN THIS AREA.
AND THE ELECTRICAL DEPARTMENT DOES REPORT THAT WE HAVE, UH, PRIMARY ELECTRICAL LINES IN THIS AREA THAT CAN BE UTILIZED.
LAST, THE BOARD DID ASK FOR MORE INFORMATION ABOUT THE LANDSCAPING REQUIREMENTS.
SO NEW, NEW BERN DOES REQUIRE, UH, ALL NEW DEVELOPMENT INCLUDE SCREENING BUFFERS.
SO THE STANDARD WIDTH OF THESE BUFFERS IS 10 FEET IN WIDTH.
UM, THESE BUFFERS, UH, INCREASE IN INTENSITY REQUIREMENTS DEPENDING ON THE USE AND THE DISTANCE OF THE USE TO THE PROPERTY LINES.
UH, THE MOST INTENSE BUFFER IS THE A BUFFER.
UH, THIS IS OPAQUE TO UP TO SIX FEET IN HEIGHT UPON MATURITY AND INCLUDES 50 FEET, OR I'M SORRY, 50 SHRUBS AND THREE TREES PER A HUNDRED LINEAR FEET.
THE B BUFFER IS OPAQUE TO UP TO THREE FEET UPON MATURITY.
UH, IT HAS 30 BUSHES AND TWO TREES PER HUNDRED LINEAR FEET.
AND LAST, THE SEED BUFFER IS CONSIDERED A BROKEN SCREEN AND CONSISTENT OF A COMBINATION OF SHRUBS AND TREES, OR IT CAN BE ALL TREES.
UM, SO JUST AS A REMINDER, THE BOARD IS BEING ASKED TO MAKE A RECOMMENDATION BASED OFF OF THE EXAMPLES GIVEN HERE.
UH, IF NO ACTION IS TAKEN TODAY, THE BOARD OF ALDERMAN CAN TAKE UP THE REQUEST THAT THEIR NEXT MEETINGS, UH, SEPTEMBER 8TH.
UM, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
AND AGAIN, THE APPLICANT IS HERE TONIGHT.
UM, IF YOU HAVE ANY QUESTIONS OF IT BOARD, HAVE QUESTIONS FOR NOLAN? THE, UH, THE BUFFERS, YOU SAID THERE'S, YOU'RE, YOU'VE SUBMITTED A, A CHANGE TO THE BUFFER RULES TO THE ALDERMAN.
SO THE LAST SCREEN HERE, IF NO ACTIONS TAKEN TONIGHT, UH, THE REQUEST CAN BE CARRIED UP TO THE BOARD OF ALDERMAN, OKAY? MM-HMM
SORRY, LET'S GOING A LITTLE FAST.
I MEAN, FOR A C3 AGAINST A RESIDENTIAL, A 10 FOOT BUFFER IS, I MEAN, THAT'S, IT'S A LITTLE BIT, UH, INGENUOUS
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TO THINK THAT THAT'S SIGNIFICANT TO DO ANYTHING.UH, YEAH, UNFORTUNATELY OUR BUFFERS ARE WHERE THEY ARE.
UH, WE'RE KIND OF STUCK WITH NOT BEING ABLE TO CHANGE THE RULES.
I BELIEVE WE INCREASE THOSE BUFFERS THAT WOULD BE CONSIDERED A DOWN ZONING.
JAMIE, CORRECT ME THAT IF I'M WRONG ON THAT.
UNLESS WE HAVE THE CONSENT OF ALL THE PROPERTY OWNERS WOULD BE AFFECTED.
AND THE O THE OTHER QUESTION I HAVE IS, IS DOT IS, UH, DICTATING ACCESS POINTS ALONG CORRECT.
THEY'RE, THEY'RE THE ONES WHO SET THOSE ACCESS POINTS.
DOES THIS PARTICULAR PIECE OF PROPERTY HAVE A DESIGNATED ACCESS POINT ASSOCIATED WITH IT? UH, I CAN LET THE APPLICANT SPEAK ON THAT IF OKAY.
IS IS THAT OKAY? WE'LL, WE'LL BRING HIM UP, UM, IF HE WANTS TO.
DID WE HEAR ANYTHING BACK FROM WAREHOUSER? UM, THEY ARE AWARE OF THE REZONING, UM, AND THEY DID NOT HAVE ANY COMMENTS.
'CAUSE THAT WAS ONE OF THE THINGS THAT WE WERE GONNA TRY TO GET SOME INFORMATION ON THEIR PLANS THAT WE DISCUSSED LAST NIGHT.
BUT THEY'RE NOT HAVING ANY COMMENTS AT THIS TIME.
I HAVE A QUESTION ABOUT ANSWERING THE QUESTIONS OF THE ONE THROUGH FIVE THAT EACH PERSON HAS TO ANSWER.
UM, A LOT OF THE, UM, INFORMATION IN THERE IS KIND OF PROJECTIONS ABOUT WHAT COULD HAPPEN WITH THIS REZONING AND HOW IT WOULD AFFECT THE AREA AROUND AND THERE, UM, NOT A LOT OF SPECIFIC THOUGHTS IN HERE AS OPPOSED TO GENERALITIES.
AND UH, THE ONE THING THAT REALLY CONCERNS ME IS, UM, IT CHANGING IT TO C3 NOW BEFORE THE ROAD IS FIXED, FINISHED.
AND WE KNOW HOW THINGS ARE GONNA BE AFFECTED ANYWAY.
THE C3 CONTAINS 61 PERMITTED USES IN A C3 AREA.
THAT'S KIND OF LIKE A PANDORA'S BOX TO ME, OPENING UP WITH 61 POSSIBILITIES THAT COULD GO THERE WITHOUT A LOT OF, UM, SPECIFICS.
WE'VE GOT GOALS, BUT WE DON'T HAVE HOW THINGS ARE GONNA BE ACCOMPLISHED.
SO IT SEEMS VERY VAGUE AT THIS TIME.
THE OTHER THING IS THE QUESTION HE USES, UM, THE TERM, LOTS OF THE CHARACTER IN THE AREA ARE TREE FARMS OR TREE FARM.
LIKE, I WOULD LIKE TO KNOW IF THERE ARE ACTUAL TREE FARMS THERE THAT ARE INDIVIDUALLY OWNED AND PLANTED IN SPECIFIC SPECIES AWAITING HARVESTING.
SO IS IT USED AS AN ADJECTIVE THAT IT'S JUST KIND OF LIKE A TREE FARM OR ARE THERE ACTUALLY TREE FARMS THERE? OKAY.
ARE YOU SPEAKING TO, UH, QUESTIONS PROVIDED BY THE APPLICANT? YES, IN, IN HIS, UM, ANSWERS TO THE QUESTIONS.
DID YOU WANT HIM TO ADDRESS THOSE? I WAS, I WAS GONNA SAY, UM, IS THERE ANY OTHER QUESTIONS FOR STAFF? JUST ONE MORE.
HAS THIS PROPERTY BEEN OUR NEXT JET TO THE CITY? IT HAS.
I BELIEVE IT WAS NOVEMBER, 2024.
ANY OTHER QUESTIONS FOR NOLA? SO IT WAS ANNEXED IN 2024.
AND GIVEN THE DESIGNATION OF, UH, I BELIEVE, UH, I'M NOT SURE WE CAN, I, UM, ZONE ETJ PROPERTIES, THAT MIGHT BE A GOOD QUESTION FOR THE APPLICANT.
UM, BUT WE DO HAVE IT AS BEING ANNEX NOVEMBER 26TH, 2024.
UM, I CAN'T SPEAK OF WHEN IT WAS ZONED AS AGRICULTURAL FIVE F.
YEAH, I WOULD ASSUME SO, BECAUSE WHEN IT, WHEN IT WAS THE NEXT RIGHT.
IF THEY WERE GOING, UM, I BELIEVE IT WAS IN THE ETJ.
UH, AND WE CAN ZONE IN THE ETJ, BUT IT'S BEEN YEAH, I KNOW WE CAN.
SO, BUT, BUT UM, BUT WHEN IS IN, WHEN IT WAS IN NEXT, IF THEY WERE GONNA CHANGE IT, THEY WOULD'VE DONE IT, RIGHT? NO, NOT NECESSARILY MR. NOT NECESSARILY.
SO ANNEXATIONS AND REZONINGS ARE TWO DIFFERENT LEGISLATIVE DECISIONS.
THEY, THEY CAN HAPPEN TOGETHER, BUT IT'S NOT A REQUIREMENT THAT THEY DO.
ANYTHING ELSE FOR STAFF? OKAY.
UH, THERE IS NO ONE ELSE IN THE AUDIENCE.
IF THE APPLICANT WOULD LIKE TO COME UP, ANSWER A COUPLE QUESTIONS, HE'S MORE THAN WELCOME TO.
IT'S NOT REQUIRED OR PROVIDE ANYTHING ELSE YOU WOULD LIKE TO SAY?
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THANK YOU.YOU NEED, DO I NEED TO STATE MY NAME OR AM I, UH, SURE, LET'S DO IT OFFICIALLY.
UH, PETER, PETER BOSWORTH, I'M THE OWNER OF THE APPLICATION, UH, SPONSORED B-P-N-C-L-L-C.
SO I OWN THE COMPANY THAT OWNS THE LAND.
UH, AND I WOULD ASK NOLA, IS IT POSSIBLE TO PUT UP ONE OF THE IMAGES OF THE ZONING MAP WHERE YOU'D KIND OF FOCUS JUST A LITTLE BIT NORTH OF 70 AND ALL THE WAY DOWN THROUGH 17? MR. BOSWORTH, CAN YOU PULL THAT? CAN YOU PULL THAT MIC UP TO YOU? OH, I'M SORRY.
IS THAT OKAY? THAT'S EVEN BETTER.
I GOT KIND OF A COLD OR SOMETHING.
UH, THIS ONE SIR? UH, YEAH, THAT'S A GOOD ONE.
SO MAYBE I COULD JUST SAY A LOT OF THE THINGS FROM LAST MONTH WERE CONTEXT AND IT WAS A LOT OF QUESTIONS.
GOOD QUESTIONS WERE BY CONTEXT.
YOU KNOW, WHAT, WHAT IS THIS ZONE HERE? AND IT'S NOT REALLY ON A LOT OF RADAR EXCEPT FOR US THAT OWN PROPERTY ON THIS.
UH, SHORT, QUICK COMMENT ON WHY DIDN'T I COME IN FOR A ZONING APPLICATION WHEN I ANNEXED IT? 'CAUSE THERE WAS NO ROAD.
THIS ROAD'S BEEN PLANNED FOR 20 YEARS, AS SOME OF YOU MAY KNOW, IT'S BEEN A SAGA.
UH, BUT I DIDN'T THINK IT WAS APPROPRIATE TO COME IN HERE AND ASK FOR COMMERCIAL ZONING OR SOMETHING OUT IN THE MIDDLE OF NOWHERE, WHICH IS BASICALLY WHAT IT WAS THEN IN MY MIND.
I MEAN, THERE WERE SUBDIVISIONS THAT, UH, HAPPENED OVER TIME.
AND IF YOU GO BACK TO WHEN I BOUGHT THIS 850 ACRES ABOUT 20 YEARS AGO, IT WAS MY LITTLE TREE FARM I BOUGHT FROM INTERNATIONAL PAPER WAREHOUSERS ON TENS OF THOUSANDS OF MAKERS AROUND A COUPLE OTHER MISCELLANEOUS TREE COMPANIES.
SO THIS WHOLE CORRIDOR THAT'S NOW STARTING TO DEVELOP, IT HAS A TREE FARM BASE, LIKE PROBABLY MUCH OF NEWBURN OVER THE LAST 50 YEARS, I WOULD IMAGINE.
UH, SO IT REALLY WASN'T ON ANYONE'S RADAR TILL THE, UH, LEGISLATURE FUNDED THE ROAD.
AND, AND THEN NOW THINGS ARE HAPPENING AS YOU CAN SEE.
BUT THE, UH, 2022 PLAN OBVIOUSLY CONTEMPLATED THIS AND HENCE THE TWO DIFFERENT ZONES.
THE, UH, MLK ZONE FROM 17 TO 70, AND THEN THE ZONE'S, THE RIGHT, THE WRONG WORD.
WHAT DO WE CALL THAT? THE FOCUS AREA.
SO THERE, THERE ONE, ONE IN INTENSE FOCUS AREA WAS FROM 17 TO 70 AND THE OTHER IS FROM 70 TO 55.
SO WEYERHAEUSER WENT AHEAD AND REZONED AT THE TOP OF THE MAP THERE.
SOME OF THE LAND JUST NORTH OF 70 TO C3, AND YOU CAN KIND OF SEE WHAT THE MARKET'S DONE THERE.
YOU KNOW, IT'S, I'D SAY A HEAVY RESIDENTIAL, UH, PORTION.
THERE'S SOME BUSINESSES THEY HOPE TO HAVE MORE BUSINESSES.
UH, I THINK THE RECESSION KIND OF KNOCKED A LOT OF THAT HOPE AWAY.
UH, AND I'M NOT SURE IF NOLA MENTIONED TO YOU IN ANOTHER MEANS, BUT WAREHOUSER LAST WEEK DID FILE FOR C3 ZONING ON THE PIECE ADJACENT TO ME JUST NORTH OF ME BETWEEN MY PROPERTY AND 70.
THAT IS, I I HAVE A CALCULATOR.
IT'S PROBABLY A HUNDRED, 150 200 ACRES.
AND THEN ON THE WEST SIDE OF THE 43 RIGHT OF WAY, THEY PROBABLY HAVE 300.
SO ACRES THEY FILED FOR R SIX ON THAT NOLA? YES.
AND THEN TO MY EAST AGAIN, UH, AND I WISH I HAD A POINTER OR SOMETHING, BUT TO THE LITTLE TRIANGULAR PIECE OF ONE OF MY TWO PROPERTIES ON THE EAST SIDE OF 43, THERE'S ANOTHER TREE FARM, ABOUT 350 ACRES THAT WAS OWNED BY CHAMPION.
THEY'VE ALSO FILED A REZONED APPLICATION FOR R SIX FOR THAT.
WE'VE BEEN PLAYING AROUND WITH, YOU KNOW, LITTLE SITE PLANS.
AND I WOULD THINK WE ALL HAVE DREAMS, BUT THE, THE IDEA IS THAT IT, IT WILL BE A PRETTY ACTIVE COMMERCIAL ROAD AND IT WILL, UH, BLEND ITSELF TO, UH, MORE INTENSE RESIDENTIAL AS THE MARKET WOULD LIKE, PLUS OTHER COMMERCIAL OPPORTUNITIES.
AND THAT'S WHY C3 IS IMPORTANT FOR ME.
UH, SO CONTEXTUALLY THERE'S A LOT THAT'S THERE.
THAT WASN'T CLEAR A MONTH AGO.
UH, DID YOU GET LETTERS FROM UH, JORDAN HUGHES AT WATER SEWER AND FROM THE ELECTRIC FOLKS THAT SHOWED AVAILABILITY OF SUPPLY? DID THAT GO TO YOU? IT DIDN'T COME TO US, BUT NOLA MENTIONED IT IN HER BRIEF.
I, I HAVE A BUNCH RIGHT HERE I CAN PASS OUT.
BUT, UH, IN TERMS OF CONTEXT, WE HAVE THAT CORRIDOR ESTABLISHED WITH, UH, A MULTITUDE OF ZONING APPLICATIONS
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IN RIGHT NOW.WE HAVE ESTABLISHED C3 ANCHORS ON THE SOUTH SIDE AT MLK ON THE NORTH SIDE, JUST NORTH OF 70.
WE HAVE A LOT OF APPROVED, WELL NOT WE, THE CITY HAS PROBABLY 400 UNITS OF APPROVED PLANS ON THE WEST SIDE, UH, OF 43 JUST NEXT TO MY PROPERTY.
THAT, THAT'S THE LAND THAT USED THAT I USED TO OWN.
SO DEVELOPERS, UH, HAS THAT PLAN AND APPROVED BY THE CITY.
UH, SO THE CONTEXT IS, UH, PRETTY FULL.
I MEAN, UTILITIES ARE GOING TO BE AVAILABLE IN TERMS OF SCALE.
THERE'S A LOT OF WORK TO DO TO GET THE UTILITIES.
UH, IT'S, THEY'RE JUST NOT GONNA PLUG US IN.
SO, YOU KNOW, WE HAVE TO MAKE APPLICATIONS AND EVERYTHING WITH THE CITY ELECTRICAL.
WE HAVE TO WORK OUT A SEWER AGREEMENT WITH WAREHOUSER WHO'S GONNA BRING IT DOWN 43.
THE CITY'S TAKING THE LOT THE LEAD, UH, ON THE WATER.
I'M GIVING THEM AN EASEMENT, UH, ACROSS MY PROPERTY TO DO THAT AS WELL AS EVERY OTHER PROPERTY OWNER.
SO THERE'S A LOT THAT'S BEEN GOING ON, I'D SAY FOR THE LAST THREE YEARS IN TERMS OF THAT KIND OF STUFF.
AND I'M SORRY IT'S BEEN SO SPRUNG ON YOU, YOU KNOW, I DON'T KNOW.
BUT
SO ANYWAY, I WAS HOPING THAT THE APPLICATION REVISION THAT YOU GOT MIGHT SHOW SOME OF THOSE THINGS AND, AND IT CERTAINLY DOES.
UH, I THINK THE CONTEXT OF QUESTIONS THAT CAME UP PROBABLY ARE ABOUT AS DEFINED AS THEY CAN BE.
I THINK IF YOU WANNA SEE THOSE UTILITY LETTERS, THAT WOULD HELP IF YOU WANT THAT OR, UH, THEY CAN BE ASSESSED TO BY NOLA OR WHATEVER.
THERE WAS ANOTHER QUESTION, UH, LAST TIME SOMEONE ASKED ME ABOUT IS THERE A TIMING CONCERN OF ME? AND I THINK I ANSWERED, NOT REALLY, BUT I'D LIKE TO AMEND THAT
SO, UH, THE ROAD I THINK WILL BE DONE CERTAINLY BY, UH, THE FIRST OR SECOND QUARTER OF 28.
AND IF YOU GO UP THERE AND TALK TO, UH, THE GUYS IN THE FIELD, THEY'LL TELL YOU THEY'RE GONNA GET IT DONE AT THE END OF THE YEAR.
YOU TALK TO THE STATE, CONTRACTUALLY THEY GOT TILL EARLY 2009.
'CAUSE THE WAY THEY DO THAT IS THEY GIVE A VERY LENGTHY TIME SO THE CONTRACTORS CAN GIVE THE, GET THE BEST BIDS SO THEY DON'T GET THEIR BACKUP AGAINST A WALL AND FACE LIQUIDATED DAMAGES AND PENALTIES.
SO ONE OF THE WAYS THE STATE GET LOW BIDS IS THEY GIVE A LOT OF TIME 'CAUSE THEY DON'T REALLY CARE WHEN IT'S DONE.
UH, BUT THAT'S WHY SORT OF OPINION FROM FROM THEM, UH, FROM FROM THE CONTRACTORS REALLY.
UH, SO I AM, UH, I WOULD LIKE TO MOVE AHEAD.
I REALLY CAN'T DO ANYTHING WITHOUT ZONING 'CAUSE I DON'T KNOW WHAT I'M PLANNING FOR.
SO I WOULD LIKE TO SAY THAT, UH, I WOULD LIKE TO GET ZONING.
NOW
IT COULD BE MORE, THERE'S BAD MARKET, IT COULD BE A LOT MORE.
BUT THAT TAKES A WHILE TO REALLY LINE UP POTENTIAL BUYERS WHO DEFINITELY HAVE THEIR OWN PLANS ABOUT WHAT THEY WANT.
SO IF IN A YEAR FROM NOW I'M LOCKED UP WITH SOME PEOPLE WAREHOUSER LOCKED UP WITH SOME PEOPLE, THEY'LL BE BEFORE THE PLANNING AND ZONING DEPARTMENT WITH MANY PIECES OF PAPER AND PLANS, UH, TO GET ALL THAT DONE.
PLUS CRANKING IN THE ACTUAL UTILITY CONNECTION, UH, CONCEPT AND LOCKING INTO AGREEMENTS WHERE PEOPLE LIKE ME PAY OTHER PARTIES TO GET THOSE UTILITIES.
THAT COULD BE AT LEAST ANOTHER YEAR.
SO THERE'S AT LEAST TWO YEARS IN MY MIND IF I WAS TO FOR THE DAY, I WOULD GET ZONING TO HAVE SOMETHING THAT SOMEONE COULD PUT A SHOVEL IN THE GROUND AND DO IF THE ECONOMY HOLDS AND EVERYTHING'S GOOD.
SO THAT, THAT'S PROBABLY NOT RELEVANT AT ALL FOR TODAY.
BUT I JUST WANTED YOU TO KNOW.
I SAID IT'S NOT THAT IMPORTANT, BUT IT, THAT IS THE TIMELINE.
UH, SO WHAT ELSE DO I HAVE? I THINK, YEAH, I THINK THAT'S ABOUT IT.
ANYWAY, ANY QUESTIONS FOR ME AT ALL? BOARD HAVE QUESTIONS FOR THE APPLE? I DID ASK THAT, UH, YOU WERE BLESSED WITH A, UH, CONNECTION POINT OR A CROSSOVER ON FOUR THREE, OH, I'M SORRY, ON YOUR PROPERTY.
AND I HAVE SENT, UH, STAFF THE ACTUAL, UH, N-C-D-O-T CONSTRUCTION PLANS.
IT'S QUITE A LOAD AND I'M HAPPY TO SEND THEM TO ALL OF YOU IF YOU WANT 'EM, IF YOU JUST EMAIL ME OR WHATEVER.
BUT YES, I HAVE THREE INTERSECTIONS.
AT THE NORTH WHERE I JOINED WAREHOUSER, THERE'S AN EXISTING TEE RIGHT NOW, YOU KNOW, THEY HAVE A, A VERY THIN ASPHALT ROAD FROM 70 SOUTH THAT ENDS AT MY, THE NORTHERN TERMINUS OF MY PROPERTY.
AND THEY HAVE A TWO 300 FOOT TEES THERE.
SO W HAUSER AND I WILL BOTH HAVE ACCESS EAST AND WEST THERE.
AND THEN ABOUT TWO THIRDS OF THE WAY FURTHER DOWN, THERE'S ANOTHER
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T THAT'S THE PART WHERE I DON'T OWN LAND ON THE WEST SIDE, BUT I DO ON THE EAST SIDE.SO I HAVE THREE UH, INTERSECTIONS THERE.
ANY OTHER QUESTIONS? YOU HAVE ANY QUESTIONS? YOU GOOD? ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU FOR THE ADDITIONAL INFORMATION AND RECONNAISSANCE IN THE PAST MONTH.
WELL, THANKS FOR COMING IN TONIGHT.
I FEEL KIND OF BAD MAKING THIS MEETING HAPPEN.
ALL RIGHT, WITH THAT I'LL OPEN IT UP TO DISCUSSION FOR THE BOARD.
WELL, MY THOUGHTS, IF WE ARE LOOKING AT REASONABLENESS AND WE ARE THINKING ABOUT THE PARCEL AS WE OUGHT TO BE AS THIS BOARD AND THAT THE USES COULD BE ANYTHING, NOT JUST THE APPLICANT'S, UM, STATEMENTS AT THIS TIME, BUT THAT THAT ZONING STAYS WITH THE PROPERTY AND PERPETUITY, UM, IT SEEMS PRETTY OBVIOUS THAT THERE'S A CORRIDOR COMING IN HERE THAT'S DESIGNED TO BE COMMERCIAL.
UH, THE ADDITIONAL INFORMATION ABOUT OUR COMPREHENSIVE PLAN, I THINK IS HELPFUL TO POINT TO THAT AREA AS A DESIRED AREA FOR GROWTH.
UH, LOOKING AT THE USES, THERE'S STILL THE OPTION FOR AGRICULTURAL OPERATIONS IN A C3 IF THAT INDEED IS WHAT SOMEBODY WANTED TO DO THERE.
UM, SO IF I'M THINKING ABOUT THIS IN TERMS OF REASONABLENESS, IT DOESN'T SEEM LIKE WE'VE GOT ANYTHING TO ASSOCIATE A CONTINUED AGRICULTURAL ZONING TO BECAUSE OF X, Y, Z.
UM, TO ME IT LENDS ITSELF MORE TO WHAT THE APPLICANT'S REQUESTING BECAUSE OF THAT GROWTH CORRIDOR AND THE HIGHWAY CONSTRUCTION GOING ON.
AND, UM, I CAN IMAGINE THAT PLANNING WITH DEVELOPERS DOES TAKE AN AWFULLY LONG TIME TO HAVE ONE THING CHECKED OFF.
A LIST OF MANY SEEMS REASONABLE IN MY OPINION.
MY ONLY RESERVATION IS, IS THESE PENDING APPLICATIONS THAT JUST CAME IN AND HOW THAT WOULD AFFECT THE RESIDENTIAL PROPERTIES THAT ARE AROUND THERE.
AND, UM, WE STILL DON'T KNOW THAT.
'CAUSE WE DON'T, WE HAVEN'T SEEN THE MAPS ON THAT AND SO ON AND SO FORTH.
IN OTHER WORDS, ONCE, ONCE WE, UM, DO THIS, UH, C3, THEN A LOT OF ADJACENT LAND BECOMES ALMOST AUTOMATICALLY ELIGIBLE FOR C3 BECAUSE IT'S, YOU KNOW, BY OUR STANDARDS THE WAY WE USUALLY DO THIS.
IF I KNEW MORE ABOUT THAT, I'D BE MORE COMFORTABLE WITH, YOU'RE REMINDING ME OF SOMETHING I THOUGHT OF EARLIER, MR. DUFFY.
I THINK, UM, IF FOLKS DID HAVE CONCERNS ABOUT THIS, WE'D HAVE A ROOM FULL OF PEOPLE AND, UH, WE'VE GOT A PRETTY QUIET ROOM.
SO I THINK THAT'S SOMETHING THAT WE OUGHT TO TAKE INTO ACCOUNT TOO, IS WE DIDN'T HAVE ANY PUBLIC COMMENT ON THIS.
IT'S A LITTLE CHICKEN OR THE EGG TYPE DEAL.
UM, ANYBODY HAVE ANYTHING ELSE? I, I DID, FOR WHAT IT'S WORTH, I TEND TO AGREE WITH, UH, WITH DANIELLE IN HER COMMENTS.
UM, YOU KNOW, THIS IS BEEN TALKED ABOUT FOR A LONG TIME.
UM, I'M NOT A FAN OF THE BUFFER ZONES BETWEEN THE RESIDENTS.
UM, AND I, YOU KNOW, I, UM, I DON'T LIKE THAT AT ALL.
UM, I'M NOT SURE WHAT TO DO ABOUT IT.
UM, SOUNDS LIKE NOTHING BECAUSE, BECAUSE THERE, THAT'S BASICALLY WHAT I HEARD.
UH, THERE'S NOT A LOT YOU CAN DO ABOUT IT.
UM, BUT AS DANIEL SAID, UH, DOES THE BOARD, UH, WOULD THE BOARD LIKE TO HEAR BACK FROM THE APPLICANT AGAIN WITHOUT OBJECTION.
IS THAT A PROBLEM FOR ANYBODY? COME RIGHT ON UP.
IF YOU HAD SOMETHING THAT, SOMETHING TO ADD.
UH, I, I DON'T KNOW ABOUT THE CITY OF NEW, BUT I'VE RUN INTO THIS BEFORE IN OTHER DEVELOPMENTS IN MARYLAND.
UH, AND IN SOME CASES SOME OF THE MUNICIPALITIES HAVE SIMPLY JUST, UH, AMENDED THEIR DEVELOPMENT CODE.
SO WHATEVER ZONING YOU'RE DOING, UH, THE DEVELOPMENT CODE WHEN SOMEONE COMES WITH A PLAN IS WHAT'S GONNA DETERMINE SETBACKS AND EVERYTHING ELSE.
AS I UNDERSTAND IT, AT LEAST THAT'S THE WAY IT IS IN MARYLAND.
AND, YOU KNOW, YOU COULD JUST TAKE, SAY, YOU KNOW, YOU ABUT A C3, IT'S NOT 10 FEET, IT'S 30 FEET OR, YOU KNOW, WHATEVER.
BUT THERE'S NO REASON WHY YOU CAN'T MAKE THAT.
I'D SAY ON THIS PARTICULAR CASE, I'M WORKING WITH AUER, UH, WHO I BORDER ON ALMOST EVERYWHERE
AND, UH, WE'RE GONNA WORK TOGETHER TO MAKE, UH, THE ENTRANCE IS ATTRACTIVE.
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HAVE A STRONG AESTHETIC CRITERIA AS YOU CAN SEE FROM WHAT THEY'VE DONE NORTH OF 70.UH, AND WE'RE GONNA, WE'RE GONNA SHARE THAT ENTRANCE AT THE SOUTHERN PART OF MY PROJECT I WAS MENTIONING.
BUT, UH, I, MY PLAN BUTTS THEM ON THREE SIDES.
SO I'M WORKING WITH TIM JACKSON AND WE BOTH HAVE LITTLE PLANS AND STUFF.
LIKE I SAY, THEY DON'T MATTER NOW 'CAUSE WE'RE NOT ANYWHERE REAL, BUT WE'RE GONNA BE THINKING ABOUT THAT.
THAT DOESN'T MEAN WE ALL CAN'T SELL 'EM TOMORROW AND THERE'S SOMEONE ELSE THERE WHO DOESN'T CARE.
BUT, UH, I WOULD THINK YOU COULD CHANGE THE LEGISLATION PRETTY QUICKLY OR JUST THAT CODE, JUST CHANGE THE 10 FEET TO WHATEVER.
JAMIE, YOU'RE WELCOME TO CHIME IN HERE.
SO UNFORTUNATELY, UM, THE STATUS OF THE LAW IN NORTH CAROLINA IS THERE WAS A BILL THAT WAS ENACTED INTO LAW THAT HAS SIGNIFICANTLY CURTAILED LOCAL GOVERNMENT'S ABILITIES TO CHANGE THEIR ZONING LAWS.
IF THE EFFECT OF THAT CHANGE WOULD BE DOWN ZONING.
SO IF YOU IMPACT, IF YOU MAKE ANY ZONING REGULATION MORE RESTRICTIVE, UM, THAN CER OR YOU TAKE AWAY A RIGHT THAT CURRENTLY EXISTS, THEN THAT WE CANNOT DO THAT ANYMORE IN NORTH CAROLINA UNLESS YOU HAVE WRITTEN PERMISSION FROM EVERY PROPERTY OWNER THAT MIGHT BE IMPACTED.
SO CERTAINLY WE COULD, WE COULD MAKE THE BUFFERING REQUIREMENT SMALLER, THAT WOULD BE AN UP ZONE, BUT TO MAKE THE BUFFERING REQUIREMENT BY LAW LARGER WOULD BE A DOWN ZONE.
NOW CERTAINLY DEVELOPERS IN THEIR DISCRETION CAN, CAN IMPOSE ADDITIONAL REGULATIONS ON THEMSELVES, UM, AS, AS GOOD STEWARDS, WHICH OFTEN HAPPENS IN WITH OUR LARGE DEVELOPMENT.
BUT RIGHT NOW, GIVEN THE STATUS OF THE LAW, CHANGING OUR ZONING REGULATIONS IS VERY CHALLENGING.
AND TO ME THAT'S A BURDEN OF THE WHOLE ZONING REGULATION, NOT THIS ONE APPLICATION.
IF WE HAD CONDITIONAL ZONING, WE COULD DO THIS EASILY.
HE, HE COULD AGREE TO IT AND WE COULD SIGN, YOU KNOW, AND SIGN OFF ON IT.
WHERE ARE WE AT ON CONDITIONAL ZONING? WE, WE STILL, STILL IN THE DIRECT.
MR. DUFFY, YOU'RE GONNA GET YOUR WISH ONE OF THESE DAYS.
WELL, SHE'S, MS. RU IS WORKING ON IT.
I DON'T UNDERSTAND WHY WE COULD MAKE A TEXT AMENDMENT VERY EASILY FOR ONE APPLICANT AND YET FOR THE ENTIRE CITY UNABLE TO DO IT.
THE LANGUAGE IS THERE, YOU KNOW, IT'S, IT'S IN THE, ON THE, UH, BOARD OF ADJUSTMENTS.
IT'S THE EXACT SAME LANGUAGE AND ALL IT SAYS IS, YOU KNOW, IN ACCORDANCE WITH STATE LAW, IN ACCORDANCE WITH STATE LAW.
BUT MR. CHAIR ASKED FOR THIS APPLICATION, YOU'RE BEING ASKED TO EITHER MAKE RECOMMENDATION, EVEN EITHER IN FAVOR OR IN OPPOSITION.
AND I, I THINK YOU ALL ARE AWARE THAT THE CRITERIA FOR THAT RECOMMENDATION IS REASONABLENESS AND CONSISTENCY, UM, WITH ADJACENT USES OUR ADOPTED, UH, COMPREHENSIVE LAND USE PLAN AND ADOPTED PLANS THAT ARE APPLICABLE UNDER THESE CIRCUMSTANCES.
AND PER YOUR REQUEST, I THINK STAFF HAS PROVIDED CONSIDERABLE INFORMATION ABOUT THE APPLICABLE PLANS AND YOU'S ALSO RECEIVED SOME, UM, SUPPLEMENTAL INFORMATION FROM THE APPLICANT.
AND IT'S YOUR OPPORTUNITY NOW TO, UM, MAKE SAID RECOMMENDATION IF YOU CHOOSE TO DO SO.
UM, I WOULD JUST LIKE TO ADD, THIS HAS ALMOST NOTHING TO DO WITH THIS, BUT THE, THE LIST OF ENT USES PERMIT PERMITTED USES HERE IS REALLY INTERESTING.
I LIKE MY FAVORITE IS BANKS WITH DRIVE-IN WINDOWS.
I LIKE THAT IT'S CALLED OUT THAT WAY.
YOU HAVE TO HAVE A DRIVEWAY WINDOW AND IF YOU DO, IT'S GOOD HERE.
UM, WAS THE PLEASURE OF THE BOARD FOR THIS TIME.
I'LL MAKE A MOTION THAT WE RECOMMEND TO THE BOARD OF ALDERMAN APPROVAL OF THE PROPOSED ZONING MAP AMENDMENT.
UH, BY FINDING THAT THE PROPOSED AMENDMENT IS OR THE PROPOSED REQUEST APPLICANT IS CONSISTENT WITH THE LAND USE PLAN, UM, AND DETERMINED TO BE REASONABLE IN THE PUBLIC INTEREST.
I HAVE A MOTION TO HEAR A SECOND.
I HAVE A MOTION AND SECOND FURTHER DISCUSSION.
UH, ALL THOSE IN FAVOR SAY AYE.
UM, WITH THAT WE'LL MOVE ON TO NEW BUSINESS.
ANY MEMBER HAVE ANY NEW BUSINESS? ALRIGHT.
[VIII. STAFF COMMENTS ]
UH, ANY STAFF COMMENTS THIS EVENING? UM, AS MENTIONED BEFORE, WE WILL HAVE, UH, THREE REZONINGS NEXT MONTH, UM, AND MAYBE SOME TEXT DEFENDANTS AND THAT'LL BE AT CAR SEPTEMBER 17TH.AND THAT'S ALL I HAVE FOR YOU.
AND I WILL ADD TO THAT WE DID MEET WITH CODE WRIGHT CONSULTING LAST WEEK.
WE ARE HAVING OUR CONTRACT AMENDED TO REFLECT THE TYPE OF
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WORK THAT CAN STILL BE COMPLETED UNDER THE NEW LANDSCAPE OF LAWS.WE HAVE, WE HAVE JUMPED BACK IN.
THAT CONTRACT IS DUE TO ME NEXT WEEK.
WE WILL FULLY RESUME MOVING FORWARD WITH THIS.
UM, AND WE WILL BE USING THIS BODY, UH, AS THE COMMITTEE TO MOVE ALL OF THIS LAND USE ORDINANCE FORWARD NOW.
WE WILL BE DROPPING THE ZONING MAP.
IT IS SIMPLY TOO COMPLICATED IN A, A COMMUNITY WITH A ZONING MAP.
LIKE WE HAVE TO MESS WITH THAT IN ANY OTHER WAY RIGHT NOW THAN, UH, BY REQUEST.
AND WITH THAT I ENTERTAIN A MOTION TO ADJOURN.
HAVE A MOTION TO HEAR A SECOND.
ANY FURTHER DISCUSSION? HEARING NONE.