1 00:00:19,040 --> 00:00:24,120 We're back to the first one in August. So, welcome. Glad that you're with us. 2 00:00:22,760 --> 00:00:27,080 As we always do, we'll start with a moment of silence. 3 00:00:25,760 --> 00:00:31,840 And then we'll remain standing for our pledge of allegiance. As we go to that 4 00:00:28,960 --> 00:00:36,600 time, please keep the Roberts family in your thoughts and prayers, please. 5 00:00:33,920 --> 00:00:41,640 Father and son who were tragically killed uh 6 00:00:38,880 --> 00:00:45,440 uh this past week uh and to I think at the coast. I don't know a whole lot 7 00:00:43,360 --> 00:00:49,920 about it, but uh we do want to keep them in our thoughts and thoughts and prayers 8 00:00:47,440 --> 00:00:54,080 and the family, please, as as they move forward uh with all this kind of thing. 9 00:00:52,320 --> 00:00:58,120 Terrible terrible situation. So, we're really sorry about that. So, if you 10 00:00:56,000 --> 00:01:01,520 will, please now rise. Join me for a moment of silence. 11 00:01:34,200 --> 00:01:39,240 Thank you. Please salute the flag. I pledge 12 00:01:37,160 --> 00:01:44,000 allegiance to the flag of the United States of America and to the republic 13 00:01:41,520 --> 00:01:49,400 for which it stands, one nation under God, indivisible, with liberty and 14 00:01:46,520 --> 00:01:51,840 justice for all. Thank you. 15 00:01:52,440 --> 00:01:59,560 Tonight, we our first order of business for the Uh, agenda is a matter scheduled 16 00:01:56,840 --> 00:02:05,200 for public hearing. Our first tonight is a zoning ordinance amendment. This is 17 00:02:02,000 --> 00:02:09,520 ZOA 1-26. We'll hold this hearing to consider 18 00:02:06,680 --> 00:02:13,640 approval of a text amendment to allow an educational facility in various zoning 19 00:02:12,480 --> 00:02:18,440 districts. The applicant, Waterlife Church, is 20 00:02:15,480 --> 00:02:25,080 requesting an amendment to add educational facility defined in Article 21 00:02:21,560 --> 00:02:29,080 4 as including public and private K through 12 schools, 22 00:02:26,959 --> 00:02:34,000 college, universities, and technical institutes to the permitted use chart. 23 00:02:32,360 --> 00:02:37,880 Staff is recommending approval of the ordinance amendments based on the 24 00:02:35,440 --> 00:02:42,320 following consistency statement. The proposed zoning amendment is consistent 25 00:02:40,120 --> 00:02:45,800 with the 2045 comprehensive plan 26 00:02:44,360 --> 00:02:51,000 in that an initiating zoning changes within target 27 00:02:48,200 --> 00:02:57,040 areas to encourage development is a primary proactive strategy. In the long 28 00:02:54,040 --> 00:03:02,600 term, adjusting the ordinance to account for all forms of educational facilities 29 00:02:59,720 --> 00:03:08,560 would effectively encourage a variety of developments in growing areas serving 30 00:03:05,239 --> 00:03:13,959 families. This amendment would also help to revitalize vacant and historic sites, 31 00:03:11,519 --> 00:03:19,519 such as the Westland Elementary School site, and potentially encourage future 32 00:03:16,800 --> 00:03:24,480 academic opportunities at the old Winona High School uh, campus. 33 00:03:22,120 --> 00:03:30,400 One of the primary goals of a planning department is to always be figuring out 34 00:03:27,000 --> 00:03:35,880 ways to simplify, streamline, or make the zoning code easier to understand and 35 00:03:33,120 --> 00:03:40,640 implement for long term. This zoning amendment accomplishes that goal. 36 00:03:38,680 --> 00:03:45,120 I will open the public hearing, and I will introduce our planning director, 37 00:03:43,280 --> 00:03:48,920 Anna Williams, for her com- uh, comments, please. 38 00:03:46,800 --> 00:03:54,360 » Thank you so much. So, I have uh, just a couple slides for 39 00:03:51,560 --> 00:03:54,360 you for each case. 40 00:04:01,440 --> 00:04:09,400 When the applicant, Waterlife Church, asked planning staff how to reuse the 41 00:04:06,640 --> 00:04:14,120 West Lenoir Elementary School site uh as a private school, I realized two things 42 00:04:11,600 --> 00:04:18,920 about the zoning ordinance. Um that private schools were not 43 00:04:15,760 --> 00:04:24,160 accounted for on the permitted use chart uh and that the R-12 zoning district did 44 00:04:21,680 --> 00:04:29,040 not allow for public school use. So, this public school building couldn't be 45 00:04:25,600 --> 00:04:35,800 be reused for a public school um if uh if if if that were being sought. 46 00:04:32,720 --> 00:04:41,640 So, I advised that they apply for a text amendment to add educational facility 47 00:04:38,919 --> 00:04:46,840 uh as a use to the permitted use chart. Um so, currently the uh 48 00:04:44,880 --> 00:04:52,520 zoning ordinance provides for daycares and preschools. It provides for public 49 00:04:49,840 --> 00:04:58,240 schools through the public service facility use and for um vocational and 50 00:04:55,919 --> 00:05:01,960 specialty schools. Uh but it does not include private academic institutions. 51 00:05:00,720 --> 00:05:07,240 It doesn't include colleges or universities uh anywhere on the 52 00:05:04,200 --> 00:05:11,840 permitted use chart. Um it probably has in the past, but over time consolidation 53 00:05:09,919 --> 00:05:17,680 and things uh it it was it's no longer there. 54 00:05:15,320 --> 00:05:21,360 The definition section of the zoning code contains a definition for 55 00:05:19,560 --> 00:05:26,480 educational facility um and it is a facility for the 56 00:05:24,040 --> 00:05:29,440 education of children and or adults, including public and private 57 00:05:27,720 --> 00:05:33,919 kindergarten, elementary, and secondary schools, colleges, technical institutes, 58 00:05:32,000 --> 00:05:37,280 and universities, but excluding specialized trade schools and nursery 59 00:05:35,640 --> 00:05:39,880 schools. Um 60 00:05:40,480 --> 00:05:48,320 So, the text amendment itself uh would add educational facilities as a 61 00:05:45,160 --> 00:05:53,120 permitted use by right in B2, general business, B3, our central 62 00:05:50,400 --> 00:05:58,520 business district, B7, the highway business district, and O&I, office and 63 00:05:55,560 --> 00:06:06,480 institutional district. And as a special use in several residential zones, R6, 64 00:06:02,440 --> 00:06:13,080 R9, R12, and RC. It would also remove schools from the definition of public 65 00:06:08,640 --> 00:06:18,000 service facility to eliminate overlap. So, in summary, 66 00:06:15,400 --> 00:06:22,120 um here's a chart. It's also in your staff report, I believe on page three of 67 00:06:20,200 --> 00:06:28,120 the staff report, um for the zoning amendment. And it shows that educational 68 00:06:24,720 --> 00:06:31,840 facilities would be permitted um in those zones that I read out, a 69 00:06:29,919 --> 00:06:36,960 special use in those residential districts that I read out. Um 70 00:06:34,840 --> 00:06:41,000 and then this also shows where public service facilities are. Basically, the 71 00:06:39,240 --> 00:06:44,960 only difference in location of where public service facilities are allowed 72 00:06:42,640 --> 00:06:49,760 today and where educational facili- facilities would be allowed is the 73 00:06:46,760 --> 00:06:54,200 industrial districts. Um I doubt a school would ever want to 74 00:06:51,120 --> 00:06:59,120 locate in an industrial district anyway, but a public service facility like an 75 00:06:55,840 --> 00:07:05,080 EMS base or a firehouse may may want to locate in an industrial district. 76 00:07:02,480 --> 00:07:08,320 No schools in our area are located in industrial right now, so it doesn't 77 00:07:06,640 --> 00:07:12,360 create any non-conformities to take schools out of the public service 78 00:07:09,760 --> 00:07:12,360 facility. 79 00:07:12,440 --> 00:07:19,400 So, planning board reviewed this at their July meeting, and they recommend 80 00:07:16,680 --> 00:07:25,680 approval of the request and adoption of the consistency statement 81 00:07:22,000 --> 00:07:25,680 um that the mayor read for the record. 82 00:07:26,200 --> 00:07:31,040 That concludes my prepared comments. If you have any questions, please let me 83 00:07:29,240 --> 00:07:35,200 know. The applicant is also in the audience tonight. 84 00:07:32,440 --> 00:07:38,960 » Thank you. Anna, any questions? Yes, sir. 85 00:07:36,280 --> 00:07:41,880 » Should we add pre-K to this because there is 86 00:07:40,200 --> 00:07:44,280 a lot pre-K 87 00:07:48,160 --> 00:07:55,840 group and it might be road block if it's not in there. 88 00:07:52,480 --> 00:08:01,120 » Sure. Um I will say that child care centers and preschools are accounted for 89 00:07:58,240 --> 00:08:06,000 in another use in the zoning ordinance and it's called child care center. 90 00:08:03,240 --> 00:08:09,960 Um and it is allowed as a special use permit in residential and um permitted 91 00:08:08,760 --> 00:08:13,520 in these districts. It's just a different 92 00:08:11,440 --> 00:08:17,520 definition. >> Uh 93 00:08:14,360 --> 00:08:21,400 if someone had a school and pre-K, 94 00:08:19,000 --> 00:08:26,480 do they have to do a separate permit? >> Oh, that is a good question. Yeah. Uh I 95 00:08:24,080 --> 00:08:29,960 see what you're saying there. Um >> It's okay to think about it for a 96 00:08:27,680 --> 00:08:29,960 minute. 97 00:08:30,640 --> 00:08:36,960 Cuz it may cause some overlap. >> Yeah. Um I wish I had the zoning 98 00:08:35,800 --> 00:08:43,240 ordinance in front of me and I could tell you exactly where they're allowed. 99 00:08:39,400 --> 00:08:46,560 Um Sure, I'll take a minute. Yeah. Yeah. 100 00:08:44,000 --> 00:08:51,400 » I just don't want someone to have a permitting problem or do 101 00:08:48,360 --> 00:08:51,400 open a pre-K. 102 00:08:53,520 --> 00:09:00,640 And we're here to discuss that tonight. >> Right. Right. 103 00:08:56,360 --> 00:09:00,640 » Keep us from having any issue later. 104 00:09:08,320 --> 00:09:13,400 Uh your your statement was you think this is already allowed but wouldn't you 105 00:09:11,400 --> 00:09:18,200 say that? That's a reason for a minute. 106 00:09:15,800 --> 00:09:18,200 » Yeah. 107 00:09:18,600 --> 00:09:25,200 Well, I mean if we're going to if the definition is going to split them up, 108 00:09:22,640 --> 00:09:30,680 then it's a potential argument that it if you have an educational facility that 109 00:09:27,800 --> 00:09:35,400 includes pre-K that it doesn't include it. If we've got a 110 00:09:32,839 --> 00:09:40,600 definition for pre or I guess you said child care and preschool And then 111 00:09:37,840 --> 00:09:44,680 definition for educational facilities, I would think getting one for educational 112 00:09:42,080 --> 00:09:50,280 facilities necessarily excludes child care and uh 113 00:09:46,960 --> 00:09:50,280 preschools. So, 114 00:09:58,280 --> 00:10:04,640 » Uh there are more allowances in our zoning ordinance for day cares and 115 00:10:02,200 --> 00:10:08,760 preschools than there are in this zoning amendment. 116 00:10:05,800 --> 00:10:16,800 Um a daycare center is a special use in rural residential. 117 00:10:11,480 --> 00:10:21,880 The R12, R9, R6 is permitted in RC and it's permitted in um all of the 118 00:10:19,720 --> 00:10:26,640 commercial districts and industrial districts except for in the B6 where 119 00:10:24,560 --> 00:10:32,880 it's also a special use. And B6 is a transitional business district. So, 120 00:10:29,760 --> 00:10:37,720 there are or a wider allowances for day cares than there are for the educational 121 00:10:34,840 --> 00:10:37,720 facilities. 122 00:10:38,040 --> 00:10:44,000 I believe so. I believe so. >> Okay. 123 00:10:42,320 --> 00:10:47,720 » Probably add a condition to anybody's permit. 124 00:10:45,080 --> 00:10:47,720 Add that when 125 00:10:51,720 --> 00:10:58,480 » Absolutely. Yeah, that great great point from the city manager that um if if they 126 00:10:56,760 --> 00:11:02,000 wanted to have if a private school that applies 127 00:11:01,000 --> 00:11:06,000 for a special use permit in a residential district wanted to include 128 00:11:03,960 --> 00:11:09,839 daycare or preschool, they could apply for that in the moment as well. And the 129 00:11:07,960 --> 00:11:14,760 ordinance would allow for that in the residential districts. Mhm. 130 00:11:13,040 --> 00:11:18,080 » Any other questions from the council at our 131 00:11:15,640 --> 00:11:18,080 at this time? 132 00:11:19,120 --> 00:11:24,800 Okay. Thank you, Anne. We are still in the open. We are in the 133 00:11:23,720 --> 00:11:28,760 um public hearing. So, if anyone would like 134 00:11:26,520 --> 00:11:32,800 to address the council at this time concerning this zoning ordinance 135 00:11:30,400 --> 00:11:38,200 amendment as presented, this is the time to do so. If you do, please come forward 136 00:11:35,120 --> 00:11:42,200 and give us your name and address. Glad to hear from you if you like. 137 00:11:42,720 --> 00:11:48,040 Okay. I don't see anyone rushing the podium, 138 00:11:46,440 --> 00:11:53,720 so All right. I will then close the public 139 00:11:50,720 --> 00:11:57,440 hearing since no one is coming forward and turn it over to council for any more 140 00:11:55,320 --> 00:12:02,240 discussion and or motion when you are ready. 141 00:11:59,520 --> 00:12:07,640 » Mayor Joe, I would like to note that for the record I have attended Water Life in 142 00:12:04,200 --> 00:12:11,960 the past and I would just like to let the council know if anyone has any issue 143 00:12:09,840 --> 00:12:15,800 with me voting on this issue. I've not attended since January and I 144 00:12:14,280 --> 00:12:21,720 didn't know anything about this until just recently, so 145 00:12:17,520 --> 00:12:21,720 but I do want to make note of it. 146 00:12:22,800 --> 00:12:26,320 » See anything issue with that. 147 00:12:24,800 --> 00:12:30,160 » I don't think it's an issue for either one of these. It's it's potentially an 148 00:12:28,400 --> 00:12:32,400 issue for the special use if we get to that, 149 00:12:31,240 --> 00:12:36,839 but I don't I don't see it as a conflict. 150 00:12:33,640 --> 00:12:36,839 Previously been a member of that church. 151 00:12:36,960 --> 00:12:41,400 » Okay. >> For attending. 152 00:12:38,920 --> 00:12:45,880 » All right. Thank you. All right. Any other discussion or 153 00:12:43,280 --> 00:12:45,880 comments? 154 00:12:46,080 --> 00:12:51,920 You ready? We'll entertain a motion. 155 00:12:49,760 --> 00:12:57,680 » Mr. Mayor, I'd like to make a motion that we approve the zoning ordinance 156 00:12:53,520 --> 00:13:01,920 amendment ZOA 1-26 as presented. >> Okay. We have a motion from Mayor Pro 157 00:12:59,120 --> 00:13:06,839 Tem Perkins that we approve the zoning ordinance amendment as presented. 158 00:13:04,640 --> 00:13:09,680 Any other comments, good discussion? All in favor, please say I. 159 00:13:08,400 --> 00:13:12,200 » I. >> With a consistency 160 00:13:10,760 --> 00:13:16,040 » With a consistency statement, yeah. Well, that would be included in that. 161 00:13:13,360 --> 00:13:18,360 » Yeah, what he said. >> That all right? 162 00:13:17,760 --> 00:13:21,680 » For sure. >> Thank you. 163 00:13:19,960 --> 00:13:25,040 All right. That motion was unanimous. Thank you for that. 164 00:13:23,320 --> 00:13:31,840 All right. We'll move on in to the second public hearing, which is the 165 00:13:27,200 --> 00:13:36,400 special use permit, this is SUP 2-26. This is for a Water Life Private School, 166 00:13:34,480 --> 00:13:42,360 West Lenoir Elementary School at 117 Maple Drive Northwest. 167 00:13:39,800 --> 00:13:49,280 This is a quasi-judicial hearing. It will be held to consider a request to 168 00:13:45,240 --> 00:13:53,800 reuse the vacant building located at 117 Maple Drive as a private school. 169 00:13:51,800 --> 00:13:57,720 Planning Board recommends approval of the requested special use permit for the 170 00:13:56,360 --> 00:14:01,960 private school with the following conditions, which I'm going to allow the 171 00:14:00,080 --> 00:14:05,200 a planning director of Hannah Williams to present to you in a few minutes. 172 00:14:04,640 --> 00:14:07,360 Uh Mr. War, you want to go ahead and talk 173 00:14:06,840 --> 00:14:10,200 about the >> Yeah, I just said this last week, so 174 00:14:09,040 --> 00:14:14,400 you're you're going to hear it from me again. Let me remind everyone about 175 00:14:11,840 --> 00:14:17,120 quasi-judicial hearings. Got my little Got my little guidebook to remind me 176 00:14:15,840 --> 00:14:20,440 exactly what to say. >> We appreciate it. 177 00:14:18,240 --> 00:14:25,160 » So, this is a Unlike the previous hearing, which was a legislative 178 00:14:22,640 --> 00:14:28,680 hearing, which the council could have heard people say, "We don't like it. We 179 00:14:26,800 --> 00:14:31,280 like it." That sort of thing. Uh and if they approved that, this is 180 00:14:30,000 --> 00:14:36,000 now a quasi-judicial. It's an evidentiary hearing. Um this means that 181 00:14:34,120 --> 00:14:39,520 it's like a court hearing. Um you have to There are specific 182 00:14:37,960 --> 00:14:42,800 procedures that this council has already put in place for consideration of 183 00:14:40,960 --> 00:14:47,520 quasi-judicial matters. Um your discretion is limited. There's 184 00:14:45,160 --> 00:14:51,480 basically a checklist of things that the applicant must meet. If they meet those 185 00:14:49,400 --> 00:14:56,120 things, you must approve the uh permit. If they don't meet them, uh 186 00:14:53,320 --> 00:15:00,560 you can't. Uh the board has to base its decision upon competent, relevant, and 187 00:14:58,280 --> 00:15:04,760 substantial evidence in the record. So, just like last week, anyone who speaks 188 00:15:02,240 --> 00:15:09,160 has to be sworn. It's uh it's actual evidence. It's not a popularity contest, 189 00:15:07,280 --> 00:15:12,200 so you can't Unlike the previous hearing, you couldn't have someone say, 190 00:15:10,320 --> 00:15:14,320 "And you know, I just don't like this. I don't think you should approve it cuz I 191 00:15:13,320 --> 00:15:19,839 don't want a school near me." or something like that. Um it 192 00:15:17,600 --> 00:15:23,480 The uh the meeting, obviously, is open to the the 193 00:15:20,800 --> 00:15:27,240 but only certain people can participate. If this were a more contentious hearing, 194 00:15:25,800 --> 00:15:30,920 occasionally you would have attorneys that would object and present and 195 00:15:28,920 --> 00:15:35,560 present evidence and that sort of thing, but people can't offer opinions unless 196 00:15:33,560 --> 00:15:38,840 they're qualified as experts. If someone were to stand up and say, "Uh the school 197 00:15:37,560 --> 00:15:41,120 bringing too much traffic in the neighborhood." They'd actually They 198 00:15:39,920 --> 00:15:44,480 wouldn't be allowed to say that. They'd actually have to have a traffic expert 199 00:15:43,080 --> 00:15:48,320 that's done studies and that sort of thing. Um 200 00:15:46,520 --> 00:15:52,240 So, that's sort of from the side of people that are testifying. On your 201 00:15:49,680 --> 00:15:56,240 side, as you already mentioned, um you wouldn't want to have a trial in front 202 00:15:54,080 --> 00:15:59,960 of a judge who had already decided the case ahead of time or was best buddies 203 00:15:58,000 --> 00:16:02,920 with the opposing party or something like that. So, 204 00:16:01,480 --> 00:16:06,640 uh the parties are entitled to an impartial board. You can't participate 205 00:16:05,280 --> 00:16:10,000 if you have a fixed opinion about the matter, like if your view is 206 00:16:08,760 --> 00:16:12,520 "No more schools anywhere. We have enough schools." You wouldn't be allowed 207 00:16:11,080 --> 00:16:15,560 to vote on this. Um if you have a if you had a financial 208 00:16:14,480 --> 00:16:19,240 interest in the matter, so if you were on the board of of the Water Life 209 00:16:17,640 --> 00:16:22,960 Church, it might be inappropriate for you to be or if you have a close effect 210 00:16:21,480 --> 00:16:26,080 close relationship with an affected person, like if you were married to one 211 00:16:24,520 --> 00:16:30,640 of the applicants or they were engaged or something like that. Um you can't 212 00:16:28,880 --> 00:16:33,960 have You can't have anyone who's con- Well, 213 00:16:31,680 --> 00:16:38,360 if someone has contacted you about this beforehand, you have to disclose it. And 214 00:16:36,560 --> 00:16:41,839 if you've engaged in a conversation with them, you would have to recuse yourself. 215 00:16:40,360 --> 00:16:45,240 If you've gone out to the site saying, "Oh, there's the special use permit. I'm 216 00:16:43,360 --> 00:16:47,520 going to go check out the site." Again, you can't You wouldn't be able to 217 00:16:46,120 --> 00:16:52,000 participate then or at least you would have to disclose it. Um again, you If 218 00:16:50,080 --> 00:16:54,640 you were having a trial about a boundary line, you wouldn't want the judge to 219 00:16:53,280 --> 00:16:57,200 have gone out ahead of time and taken a look at the property or something like 220 00:16:56,040 --> 00:17:00,120 that. So, putting spelling all that out, does 221 00:16:58,800 --> 00:17:03,839 anyone have anything they need to disclose about any involvement they've 222 00:17:01,960 --> 00:17:06,640 had with this or communica- ex parte communications? 223 00:17:06,839 --> 00:17:13,360 All right. Turn it back over to you. >> Thank you, sir. Thank you for that. 224 00:17:11,400 --> 00:17:16,640 All right. We are in the uh public hearing now. I'll open the public 225 00:17:14,839 --> 00:17:20,880 hearing. I'll again will bring our pub- planning director Anna Williams up and 226 00:17:19,400 --> 00:17:23,959 Anna, you will have to be sworn officially at this time. 227 00:17:24,360 --> 00:17:30,760 Anybody that is planning to speak to this, if you would like to be sworn now, 228 00:17:29,120 --> 00:17:34,560 we can do it and then you won't have to do that individually, so. 229 00:17:35,480 --> 00:17:37,920 All right. 230 00:17:54,200 --> 00:17:58,000 » Another couple of slides for you this evening. 231 00:18:06,840 --> 00:18:13,960 All right, with the text amendment in place, uh we can now discuss the special 232 00:18:11,480 --> 00:18:19,200 use permit for the proposed private elementary school at 117 Maple Drive, 233 00:18:17,080 --> 00:18:23,520 the location of former West Lenoir Elementary School. 234 00:18:21,520 --> 00:18:26,880 Uh following the closure of the school in 2021-2022, 235 00:18:26,960 --> 00:18:32,400 um it was sold to a private owner, Hass So 236 00:18:30,320 --> 00:18:37,480 Holdings LLC. Um it's zoned R12 and the property is 237 00:18:34,720 --> 00:18:40,880 about 4 acres. Waterlife Church is considering developing a private school 238 00:18:39,360 --> 00:18:45,480 at this site. Here's a zoning map of the property. 239 00:18:43,720 --> 00:18:51,280 This is the property. It's um R12. R12 is is that brown color. 240 00:18:49,560 --> 00:18:56,000 Most of this neighborhood is R12. It does butt up against R9, a multi-family 241 00:18:54,080 --> 00:19:01,560 zone. It's also in a study listed a national 242 00:18:59,120 --> 00:19:06,200 register study listed neighborhood. Uh and this is a map uh from the state 243 00:19:03,680 --> 00:19:11,520 historic preservation office. That green polygon is around what is considered 244 00:19:08,600 --> 00:19:16,560 Fairfield Park, a a neighborhood, and that means there's many intact historic 245 00:19:14,200 --> 00:19:21,000 elements in the neighborhood. Um the orange dots are properties that 246 00:19:19,200 --> 00:19:25,560 have been surveyed and noted for historic qualities. 247 00:19:22,800 --> 00:19:31,960 Um there's nothing binding uh these properties to remain historic uh at this 248 00:19:28,680 --> 00:19:36,120 time. However, should the city pursue uh getting the neighborhood on the national 249 00:19:33,640 --> 00:19:41,720 register in the future, uh we would want to preserve those historic elements. So, 250 00:19:39,000 --> 00:19:46,200 there are some conditions of approval for the subject school building. 251 00:19:44,960 --> 00:19:50,680 Um and uh these were drafted by planning 252 00:19:48,840 --> 00:19:55,400 staff in consultation with the State Historic Preservation Office so that 253 00:19:52,880 --> 00:19:59,720 those historic qualities remain. Uh the brick exterior of the building 254 00:19:57,320 --> 00:20:04,560 must not be painted, stuccoed, in any way obscured, nor the decorative brick 255 00:20:01,920 --> 00:20:09,120 patterns altered in any way. The concrete accents, including the 256 00:20:06,440 --> 00:20:12,640 parapet coping, the cornice, the swag relief panel, 257 00:20:10,760 --> 00:20:17,000 and the stones around the entrances must be retained. No additions shall be 258 00:20:15,400 --> 00:20:21,360 attached to the existing school building. 259 00:20:18,120 --> 00:20:26,440 Uh if accessibility ramps are needed, uh these should be added to the side or 260 00:20:23,280 --> 00:20:30,720 rear elevations. Uh and existing window and door openings must be retained. The 261 00:20:28,840 --> 00:20:33,920 current windows and doors do not appear to be original to the building. If the 262 00:20:32,400 --> 00:20:37,760 current windows and doors need to be replaced, the material should fit within 263 00:20:35,840 --> 00:20:43,200 the existing openings without requiring openings to be resized and filler 264 00:20:39,840 --> 00:20:48,240 material should be avoided. Uh so, those are the conditions of 265 00:20:44,560 --> 00:20:52,240 approval. There are uh a set of eight findings that must be met prior to 266 00:20:50,440 --> 00:20:56,160 approval, and I'm going to read those now for the record. 267 00:20:54,480 --> 00:21:00,200 With regard to development standards, the applicant has no plans to expand the 268 00:20:58,120 --> 00:21:03,240 exterior structure of the school. So, all building heights and setbacks will 269 00:21:01,640 --> 00:21:08,040 remain the same. With regard to driveways and ingress and 270 00:21:05,760 --> 00:21:11,840 egress, current driveways and parking will remain in place as the applicant is 271 00:21:10,320 --> 00:21:17,000 not planning an expansion to the buildings. All patches, holes, or other 272 00:21:14,840 --> 00:21:20,200 deficiencies of the paved areas on site will need to be repaired by the 273 00:21:18,200 --> 00:21:23,720 applicant so as to come into compliance with design standards as well as to 274 00:21:22,240 --> 00:21:27,320 prevent any safety issues for pedestrians, drivers, students, and 275 00:21:25,520 --> 00:21:31,440 staff of the proposed school. With regard to off-street parking, the 276 00:21:29,200 --> 00:21:35,920 existing parking area is adequate for the intended use of the development. 277 00:21:34,080 --> 00:21:40,600 With regard to impacts on surrounding property, the usage will have a similar 278 00:21:38,960 --> 00:21:43,440 or lesser impact than the previous school that occupied the building for 279 00:21:42,040 --> 00:21:47,360 many years. As for screening and landscaping, a 280 00:21:45,200 --> 00:21:51,400 vegetative buffer of 15 ft must remain in place or be restored on the southern 281 00:21:49,840 --> 00:21:56,360 property lines. The applicant will maintain that plants 282 00:21:53,440 --> 00:22:00,800 and if need if any need replacing, new plants will be planted in accordance 283 00:21:58,200 --> 00:22:04,480 with the city's zoning ordinance. As for signage and lighting, the 284 00:22:02,240 --> 00:22:10,080 applicant will use a 6-ft tall monument sign with 32 sq ft of lettering or copy 285 00:22:07,840 --> 00:22:13,800 area. It will be designed to have low impact on the neighboring properties. As 286 00:22:12,360 --> 00:22:17,680 for the architectural appearance, the applicant will maintain the historic 287 00:22:15,320 --> 00:22:21,000 nature of the structure. No additions to the current Westland school building 288 00:22:19,520 --> 00:22:25,080 will occur. As for the hours of operation and 289 00:22:22,680 --> 00:22:28,560 intensity of the the use, the school will have a similar impact as the 290 00:22:26,920 --> 00:22:32,520 previous school. The children and parents that attend will sign a code of 291 00:22:30,600 --> 00:22:37,160 conduct stating it is a privilege to attend and must adhere to a standard 292 00:22:34,640 --> 00:22:42,320 level of conduct. Applicant states that 7:00 a.m. to 5:00 p.m. will be the hours 293 00:22:39,360 --> 00:22:42,320 of operation. 294 00:22:43,520 --> 00:22:50,120 Um planning board uh again discussed this in their July meeting and 295 00:22:47,960 --> 00:22:54,760 recommends approval of the requested special use permit for the proposed 296 00:22:51,680 --> 00:22:58,040 school with the historic uh conditions um 297 00:22:56,240 --> 00:23:00,800 that I read for the record. I would also like to submit the staff report for the 298 00:22:59,720 --> 00:23:05,360 record. >> That's a great idea. 299 00:23:03,640 --> 00:23:08,280 » That concludes my prepared comments and if you have any questions, I'm 300 00:23:06,400 --> 00:23:11,840 available. >> Thank you, Anna. 301 00:23:09,560 --> 00:23:16,560 Anyone have any questions or or comments for Hannah in any way 302 00:23:15,440 --> 00:23:20,840 concerning the concerning this 303 00:23:18,440 --> 00:23:23,120 special use permit. >> I have a couple questions. 304 00:23:22,560 --> 00:23:26,240 » Go ahead. >> Um 305 00:23:24,080 --> 00:23:30,000 hours of operation 7:00 a.m. to 5:00 p.m. Does that mean they cannot have 306 00:23:29,240 --> 00:23:32,560 like an evening >> concert? 307 00:23:33,120 --> 00:23:38,600 » I think that is meant to be the typical hours. 308 00:23:36,360 --> 00:23:41,920 We could adjust that here in this hearing if needed. Um 309 00:23:40,280 --> 00:23:46,680 » I mean, it's fine. I I just want to make sure that that we have clarity on that. 310 00:23:45,440 --> 00:23:49,480 Um cuz I know there'll be sometimes where 311 00:23:48,240 --> 00:23:54,800 they need a night time event for parents. Um 312 00:23:51,960 --> 00:23:54,800 and 313 00:23:55,480 --> 00:24:01,800 with the concrete at the front of the building 314 00:24:00,960 --> 00:24:04,960 is it the 315 00:24:02,880 --> 00:24:08,840 proposed language says to maintain those things as they are. 316 00:24:06,640 --> 00:24:12,880 » Which concrete? Um 317 00:24:09,880 --> 00:24:15,680 » In the historic qualities. >> Yeah, it was number 318 00:24:14,840 --> 00:24:19,080 two. Yeah, but I mean, if you're looking at 319 00:24:17,480 --> 00:24:22,000 the building, you're you're thinking of something. 320 00:24:19,720 --> 00:24:27,640 » Yeah, right there. So it says to um 321 00:24:25,080 --> 00:24:27,640 How's it worded? 322 00:24:29,680 --> 00:24:37,320 must be retained. >> You talking about the parapet and 323 00:24:32,760 --> 00:24:43,080 » Yes, yes, number two up there. So um when it says it must be retained 324 00:24:40,760 --> 00:24:48,520 if something becomes structurally unsafe, something of that nature, do 325 00:24:46,120 --> 00:24:50,280 they need to put it back with the way it looks originally? 326 00:24:49,720 --> 00:24:55,080 » Yes. >> Okay. That's fine. 327 00:24:52,080 --> 00:25:00,640 And then for um knowing the age of that building, 328 00:24:57,880 --> 00:25:06,400 fire code as part of the permitting, 329 00:25:03,120 --> 00:25:09,480 will they have to bring things to modern fire code 330 00:25:08,120 --> 00:25:12,680 uh if it wasn't already? 331 00:25:11,360 --> 00:25:18,080 » So, I am not a building inspector, so I'm 332 00:25:15,400 --> 00:25:21,720 not um certified in the North Carolina building code, but my understanding is 333 00:25:19,880 --> 00:25:26,240 that historic buildings need to meet something called existing building code, 334 00:25:24,080 --> 00:25:30,600 and um Caldwell County in- uh building 335 00:25:28,480 --> 00:25:34,240 inspections is very familiar with that, and I'm 336 00:25:32,440 --> 00:25:36,800 I imagine that that they'll be able to work with what they have. 337 00:25:35,400 --> 00:25:41,280 » Yeah. Okay. Okay. 338 00:25:39,040 --> 00:25:43,800 But that would be a Caldwell County uh 339 00:25:42,040 --> 00:25:46,480 once something were to happen, they permitting, they would be taking that 340 00:25:45,320 --> 00:25:48,600 part of it. Okay. >> It would have to meet all of that. 341 00:25:47,800 --> 00:25:53,000 » Okay. >> Yeah. 342 00:25:50,280 --> 00:25:57,720 » Uh I think that's all my >> the building in its current 343 00:25:55,800 --> 00:26:04,160 status would meet that? Or it would have to 344 00:25:59,600 --> 00:26:10,400 meet current 2026? >> My understanding is that um 345 00:26:07,640 --> 00:26:14,000 historic buildings and structures, there are they don't have to meet everything a 346 00:26:12,320 --> 00:26:18,440 modern brand new building will have to meet. That um 347 00:26:16,840 --> 00:26:21,880 that there's there's a way to meet the North Carolina building code without 348 00:26:20,080 --> 00:26:25,000 having to put like everything modern inside of it. Um 349 00:26:24,520 --> 00:26:29,360 there's a >> big a big issue for 350 00:26:27,800 --> 00:26:31,720 them running the school, so >> Right. 351 00:26:30,000 --> 00:26:36,800 » want them to be scrapped. >> Sure. Yeah. Or having to 352 00:26:34,640 --> 00:26:41,480 put on an addition, and then they're not able to put on an an addition, 353 00:26:38,680 --> 00:26:44,520 certainly. Um I I would 354 00:26:42,760 --> 00:26:48,320 I don't I'm not really able to speak about the building code, but I do know 355 00:26:46,120 --> 00:26:53,840 for other historic properties, especially in downtown Lenoir, 356 00:26:50,600 --> 00:26:58,320 um there are architects that can design things to meet the current or 357 00:26:56,600 --> 00:27:02,000 meet the existing building code the something called existing building code 358 00:27:00,200 --> 00:27:05,960 cuz it's an existing building recognizing that it can't meet 359 00:27:03,480 --> 00:27:11,560 everything modern without completely taking the building down. 360 00:27:09,000 --> 00:27:11,560 » Question then. 361 00:27:12,200 --> 00:27:18,280 I think that's all my questions. Okay, thank you. 362 00:27:16,000 --> 00:27:20,880 Anyone else have any questions? It's already 363 00:27:21,560 --> 00:27:27,080 a special use. Okay. 364 00:27:25,600 --> 00:27:32,960 Thank you, Anna. >> Um, I do have one thing. Shall we um 365 00:27:30,600 --> 00:27:38,040 edit the eighth condition about hours of operation to allow for occasional 366 00:27:35,760 --> 00:27:41,000 evening uses for school functions or something like that? 367 00:27:39,480 --> 00:27:42,800 » I would say that probably would be good to do. 368 00:27:41,600 --> 00:27:46,480 » I think that'd be good. >> With occasional Okay. I'll read that 369 00:27:44,960 --> 00:27:50,800 I'll read that for the record as I've amended it. The school will have a 370 00:27:48,840 --> 00:27:54,280 similar impact as the previous school. The children and parents that attend 371 00:27:52,240 --> 00:27:58,440 will sign a code of conduct stating it is a privilege to attend and must adhere 372 00:27:56,320 --> 00:28:02,600 to a standard level of conduct. Applicant states that the that 7:00 a.m. 373 00:28:01,040 --> 00:28:06,920 to 5:00 p.m. will be the hours of operation with occasional evening uses 374 00:28:05,040 --> 00:28:12,520 for school functions. >> That sounds great. That covers it. 375 00:28:10,640 --> 00:28:15,080 That'll set a good model for the next time. 376 00:28:13,000 --> 00:28:19,840 » Pre-K and you want to add that? >> Um, that might be a question for the 377 00:28:17,040 --> 00:28:22,360 applicants. So. 378 00:28:22,840 --> 00:28:27,720 » Pre-pre school pre-school addition or anything? 379 00:28:35,960 --> 00:28:40,200 » Do we need them to come to the podium for that? 380 00:28:39,000 --> 00:28:44,280 » They have to get sworn in otherwise you can't 381 00:28:40,280 --> 00:28:44,280 » Yeah. Right. Okay. 382 00:28:53,920 --> 00:28:57,960 » Send the big dogs up for this. 383 00:29:13,080 --> 00:29:16,920 And you can you can we know who you are. We would just give us that for the 384 00:29:16,000 --> 00:29:20,440 record. >> But anyway, yes, we would like to amend 385 00:29:19,040 --> 00:29:25,000 that to allow for the potential of a preschool if we deem that in the future. 386 00:29:22,960 --> 00:29:27,680 » Okay. Thank you, sir. 387 00:29:30,040 --> 00:29:33,880 Thank you. All right, before I close the public 388 00:29:32,680 --> 00:29:39,200 hearing, is anyone else who would like to address the council at all? Uh 389 00:29:36,480 --> 00:29:42,600 You can still be sworn and all that, so. Okay, seeing no one, I will close the 390 00:29:41,160 --> 00:29:45,880 public hearing and I'll turn it over to the council for 391 00:29:44,040 --> 00:29:49,880 any more discussion or action when you are ready. 392 00:29:47,160 --> 00:29:56,240 » Mr. Mayor, I'd like to make a motion to approve the special use permit SP SUP 393 00:29:53,800 --> 00:30:00,600 2-26 as presented. >> Thank you, sir. We have a motion from 394 00:29:57,640 --> 00:30:06,240 council member Stevens that we approve the special use permit SUP 2-26 as 395 00:30:04,880 --> 00:30:10,000 presented by staff planning staff 396 00:30:08,080 --> 00:30:11,280 to the council. >> Do what? 397 00:30:10,440 --> 00:30:15,160 » And as amended. >> And as amended, thank you. 398 00:30:12,440 --> 00:30:18,000 » Adopting findings of fact. >> Add that. 399 00:30:15,880 --> 00:30:21,560 » Please do that. Thank you. >> That's why we pay you the big bucks. 400 00:30:21,720 --> 00:30:26,120 Thank you for that. No other discussion. All in favor, 401 00:30:25,000 --> 00:30:29,120 please say I. >> I. 402 00:30:27,000 --> 00:30:32,880 » All opposed. Thank you. That carries unanimously. Thank you. 403 00:30:31,560 --> 00:30:37,880 Thank you for being with us to this evening. We appreciate that. 404 00:30:35,480 --> 00:30:42,480 All right, we will move on then to consent agenda items on our agenda. 405 00:30:40,680 --> 00:30:47,520 Tonight we have the minutes of our city council meeting of Tuesday, July the 406 00:30:45,280 --> 00:30:52,800 28th, 2026. And out of B is the approval. This is a 407 00:30:49,760 --> 00:30:57,040 preliminary settlement report. Uh the request that the city council accept the 408 00:30:54,880 --> 00:31:03,160 preliminary settlement report as required by the North Carolina General 409 00:30:58,680 --> 00:31:07,160 Statute NCGS 105-321 and 352. 410 00:31:04,960 --> 00:31:12,800 And that the insolvents report be entered into the official 411 00:31:09,880 --> 00:31:17,640 minutes indicating persons whose taxes remain unpaid for 2025. 412 00:31:15,480 --> 00:31:23,240 Also, request that both lists be recharged to the tax collector for 413 00:31:20,760 --> 00:31:29,280 collections along with the taxes for the fiscal year beginning July 1st, 2026 414 00:31:26,840 --> 00:31:34,440 as provided by the law in accordance with the North Carolina General Statute 415 00:31:31,280 --> 00:31:38,800 NCGS 105-321 and 352 as submitted. 416 00:31:37,240 --> 00:31:43,160 That's all items for the consent agenda item A and B. Open it up 417 00:31:41,400 --> 00:31:47,160 for any discussion or motion when you're ready. 418 00:31:45,720 --> 00:31:52,640 » Mr. Mayor, make a motion that we approve the 419 00:31:48,680 --> 00:31:56,680 consent agenda items A and B. >> Thank you. Council member Presswood 420 00:31:54,360 --> 00:32:01,680 makes a motion that we approve consent agenda items A and B as presented. All 421 00:31:59,360 --> 00:32:07,280 in favor, please say I. All opposed. Thank you very much. 422 00:32:04,840 --> 00:32:11,080 Now time on our agenda for a request and petitions of any citizens. If there's 423 00:32:08,960 --> 00:32:15,440 anyone who would like to address the council, this is the time to do so. 424 00:32:13,360 --> 00:32:19,760 I believe all of our guests have left except for our all of our staff. Thank 425 00:32:17,680 --> 00:32:24,440 you for being here and reporter. We appreciate you guys being with us. So, 426 00:32:22,600 --> 00:32:27,920 you have anything to to add or say or now's the time. Okay. 427 00:32:26,680 --> 00:32:31,520 We'll move on. We do not have any reports of our boards and commissions 428 00:32:29,760 --> 00:32:35,680 this evening, so we'll move on to reports and recommendations of the city 429 00:32:33,320 --> 00:32:39,080 manager, Mr. Hildebrand. >> Mayor Council, I have tonight is some 430 00:32:37,480 --> 00:32:42,520 items for information. The Lenoir Tourism Development Authority 431 00:32:40,400 --> 00:32:47,760 will meet on Thursday, August 6th at 4:00 at the Gilded Veil, 432 00:32:45,240 --> 00:32:51,560 over hill, and that's located at 3110 Indian Grave Road. 433 00:32:49,560 --> 00:32:56,040 Uh also, the Tomato Blast event will be held on Friday, August 7th from 6:00 to 434 00:32:53,520 --> 00:32:59,720 7:30 p.m. at the Unity Park and Community Gardens. 435 00:32:57,760 --> 00:33:03,880 Uh also, Friday night we have a concert downtown with Deakon Black. 436 00:33:01,960 --> 00:33:07,320 That'll be held again Friday, August 7th from 7:00 p.m. to 10:00 p.m. at the 437 00:33:06,040 --> 00:33:12,000 stage. Uh the 56th 52nd annual Harambee 438 00:33:10,040 --> 00:33:16,200 Festival will be held on August 8th through the 14th. Events will be held 439 00:33:14,160 --> 00:33:20,960 daily at the MLK Center, and all those events can be found at cityoflenoir.com 440 00:33:18,640 --> 00:33:25,160 on our website. And I will mention that this is the oldest um continuous 441 00:33:22,640 --> 00:33:29,440 festival in Caldwell County. Uh the ABC Board will meet on Wednesday, 442 00:33:26,960 --> 00:33:32,160 August 12th at 2:00 at the ABC store, the main store. 443 00:33:30,840 --> 00:33:36,520 Uh Lenoir Business Advisory Board will meet on Thursday, August 13th at 6:00, 444 00:33:34,600 --> 00:33:40,160 third floor City Hall. The uh Southern Sundown 4-Mile Race will 445 00:33:38,600 --> 00:33:44,160 be held on Saturday, August 15th beginning at 7:00 p.m. The race will 446 00:33:42,160 --> 00:33:48,120 begin and end at Liquid Roots Brewing Project. And lastly, the Parks and 447 00:33:46,280 --> 00:33:51,480 Recreation Board will meet on Monday, August 17th at 6:00, and that's 448 00:33:50,080 --> 00:33:53,800 going to be held at Mulberry Recreation Center. 449 00:33:52,680 --> 00:33:57,680 If you have any questions, I'll try to answer those. 450 00:33:55,960 --> 00:34:01,040 » Any questions concerning anything coming up? 451 00:33:59,000 --> 00:34:06,000 There is a ribbon cutting uh in the morning at the new Seven Brew 452 00:34:04,240 --> 00:34:10,440 coffee shop. Uh 9:45, 10:00. I think it's 10:00 453 00:34:08,919 --> 00:34:13,399 in the morning, so we'll invite you to that if you'd like 454 00:34:11,760 --> 00:34:16,679 to be there. Open to the public. 455 00:34:14,520 --> 00:34:22,360 » You what? >> So, anyway, glad that new business is 456 00:34:19,000 --> 00:34:26,360 opening up in our community, for sure. And Harambee, of course, is always a 457 00:34:24,000 --> 00:34:30,360 great event. All this next week will be fun. 458 00:34:27,440 --> 00:34:34,840 Starts on the 8th with a fence up at the King Center outside, and there's a 459 00:34:32,760 --> 00:34:38,480 different items that will be uh going on all week, including the recognition 460 00:34:37,120 --> 00:34:42,520 banquet Thursday, the senior citizens is 461 00:34:40,360 --> 00:34:47,399 Tuesday, and there's game night and several other things. So, hope you will 462 00:34:44,560 --> 00:34:47,399 come out to 463 00:34:47,520 --> 00:34:53,600 Yeah, and congratulations to be presented to 464 00:34:51,480 --> 00:34:59,560 our own council member Chrissy Thomas, who will be inducted into the Black 465 00:34:55,760 --> 00:35:03,360 Sports Hall of Fame to Friday evening at the MLK Center. Congratulations to 466 00:35:02,320 --> 00:35:05,800 you for that. 467 00:35:07,080 --> 00:35:12,880 Thank you. She was great She was a great athlete 468 00:35:09,920 --> 00:35:12,880 once upon a time. 469 00:35:14,040 --> 00:35:18,800 Still is. I think she still plays some. So, uh 470 00:35:17,160 --> 00:35:22,800 we'll see. But, anyway, congratulations for that. 471 00:35:20,800 --> 00:35:27,600 Couple of state championship teams back in those days, wasn't it? Yeah. 472 00:35:24,520 --> 00:35:31,400 I remember correctly, '85, '86, eh? >> Back to back. 473 00:35:28,600 --> 00:35:35,800 » Back to back. Yep, that's right. All that. So, all right. 474 00:35:34,200 --> 00:35:39,400 Anything you want to Anybody want to add to that? Anything? Okay. 475 00:35:37,880 --> 00:35:40,440 Mr. City Attorney, anything else from you? 476 00:35:39,920 --> 00:35:43,560 » No, sir. >> Thank you, sir. 477 00:35:41,720 --> 00:35:47,080 I do not have any other recommendations of anything tonight. We've talked about 478 00:35:44,960 --> 00:35:51,640 so much the last 2 weeks, there's not much to add to to anything, but uh it's 479 00:35:49,520 --> 00:35:55,640 been a really busy busy time in the summer. Hope you will enjoy the concerts 480 00:35:54,080 --> 00:36:00,240 and the many events that are still going on through August and through into 481 00:35:57,640 --> 00:36:05,360 September. Uh there's a lot still to happen, and we'll be celebrating 250 for 482 00:36:03,320 --> 00:36:07,760 as long as we can this year. So, enjoy that. 483 00:36:06,440 --> 00:36:11,040 Any reports from any of our council members? 484 00:36:08,800 --> 00:36:16,720 Anything to come up? Okay. If nothing else to come before us, 485 00:36:13,720 --> 00:36:16,720 we stand adjourned. 486 00:36:38,200 --> 00:36:40,280 » Mhm.