[0:24] i don [0:25] t think we do the other [0:30] one, but there might be. But I. [0:32] Thank you. So we [0:32] ll build it [0:58] after you. Yes. Thank. [1:00] And after the first talk, a [1:01] little. [1:01] Something. [1:03] The Joyner Press Council member [1:04] Clark here. [1:05] Council member. [1:06] Bohlen here. [1:08] Council member. Sisco. Mayor [1:09] pro tem. Adams. Thank you. [1:10] Council member. Taylor. [1:11] Present. [1:14] Council member. Hall and [1:17] council member. Burke. [1:18] Thank you very much. Please [1:20] join the City council meeting [1:33] in a moment of silence. Thank [1:35] you so much. Would you please [1:36] join the City Council in me in [1:40] the Pledge of Allegiance? I [1:42] pledge allegiance to the flag [1:45] of the United States of America. [1:48] To the body which is state, one [1:51] nation under GOD, indivisible, [1:53] with liberty and justice for [1:58] all. Thank you very much. Our [1:59] sergeant at arms tonight is [2:01] Lieutenant Langdon. Thank you [2:02] for being with us tonight. And [2:04] our fire marshals. Peacock to [2:06] be with us. Before we get into [2:07] the city manager [2:08] s report [2:10] tonight. Obviously, we have a [2:11] very special group of [2:13] individuals who are with us [2:15] tonight. Might recall that on [2:17] the on the JULY 4th at the [2:20] stadium, we recognized number [2:21] of centurions from our [2:22] community here, those who are [2:25] 100 years old or older. And [2:26] instead we wanted to actually [2:28] bring them or ask them to come [2:30] down to City Hall tonight. So [2:33] we could recognize them in [2:34] person as part of us [2:36] celebrating our 250th [2:38] anniversary as a country. I [2:38] can [2:40] t think of a better way to [2:42] do that than to recognize those [2:43] individuals who have made it a [2:45] special part of our of our [2:47] city. So we do have a number [2:49] of, of of folks here tonight. [2:49] I [2:50] m going to call your names. [2:52] And if you would just raise [2:54] your hand and wave at us there, [2:54] and we [2:55] re going to give you a [2:59] little gift there. I think, uh, [3:09] good to be here for so but so. [3:11] Okay, so our first one is Ben [3:14] Meeks. Briggs. Briggs, thank [3:21] you for being with. All right. [3:21] Briggs won [3:22] t mind me saying [3:22] he [3:24] s a 104 years old. All right. [4:52] Elizabeth Linsky, there she is, [5:12] right there. Althea McIntyre. [5:26] Annie Smith. And Lena Wardlow. [5:27] We are just delighted to have [5:29] you with us tonight. And we [5:29] re [5:30] delighted that you [5:30] ve been a [5:32] part of our community. Thank [5:35] you for all your wives. Uh, [5:37] make such a difference. I do [5:38] want to unfortunately [5:40] acknowledge that since the JULY [5:42] 4th event, we have lost two of [5:45] our sisters. Um, when Robert [5:47] Lindsay Greer, who was one of [5:49] our original firefighters on [5:51] the original African-American [5:52] firefighters created the fire [5:55] department, he was 104. And [5:58] then maybe when we have members [5:59] of their family and our family [6:07] here. Where m is to deal with [6:11] those 127. What a great legacy [6:12] for our community. We [6:12] re glad [6:15] to have you tonight. Uh, uh, [6:15] we [6:16] re going to move on with our [6:17] meeting now, but feel free to [6:20] stay as long as you like. And [6:22] feel free to go any time you [6:24] like as well. [6:25] You can do whatever they want. [7:06] Yeah, right. Your prayers. And. [7:07] I wish. [7:10] Along highway 93. From her. [7:11] Mouth. By the time. [7:38] I just received. [8:00] A little for a long. Uh, time. [8:00] It [8:00] s worth. [8:04] Every second. [8:27] I took. Thank you. [8:29] Of. [8:44] Of. They were live their life [8:50] is almost. I will thank you. [8:52] Everyone of us. So resume the [9:01] meeting. Uh. Let me. Call on [9:03] the city manager if you [9:03] re [11:24] ready for your, uh. Continuing [11:25] to be serviced. [11:26] Uh, until the replacement [11:28] stickers are received. So, uh, [11:29] if you [11:29] re having problem with [11:31] your red sticker staying on, [11:32] there is another one coming in [11:35] that were have asked them to be [11:36] a little bit more intentional [11:38] with the adhesive that they put [11:38] on those. [11:40] This time. [11:42] , just before our next meeting, [11:42] I also want. [11:43] To. [11:45] Remind Council and the public [11:48] that our Wisdom Transit [11:49] Authority will be implementing [11:52] the largest service redesign in [11:54] in a number of years. On AUGUST [11:56] the 30th, transitioned from [11:59] primarily 60 minute and waste [12:01] service to primarily 30 minute [12:03] service to provide more [12:05] frequent and convenient transit. [12:10] Extensive community outreach [12:11] and public education to help [12:13] shape, communicate, and service [12:15] changes. And there will be more [12:18] information can be found on our. [12:20] Let me ask transit not call our [12:26] website about the change. One [12:28] of the council know the public [12:29] and we [12:30] re also starting our [12:31] annual city of Winston-Salem [12:33] University program this [12:35] Thursday, AUGUST 20th, which [12:37] will run through NOVEMBER 2nd. [12:39] Council members are welcome to [12:40] tent sessions. We [12:42] re excited to [12:44] have a group of community [12:45] residents that really want to [12:47] learn more about the city, city [12:49] government, and what is offered [12:50] in our community, so we [12:50] re [12:52] excited to talk them starting [12:55] this Thursday in the [12:57] construction of the Helen [12:59] Walking Church, located on [13:00] Carbon School Road, began in [13:05] APRIL, is now about 99.5%. [13:06] Proven. Solution. Boardwalk [13:08] pedestrian trail, fitness [13:11] equipment, shade structures, [13:13] scratch resistant landscaping [13:16] and completion is expected [13:18] around the end of SEPTEMBER and [13:20] the public grant development [13:26] plan as we get closer to. A [13:27] want a couple of recognitions? [13:27] Don [13:31] t recognize City Manager [13:33] women who are recently [13:35] completed the public Executive [13:37] Leadership Challenge to to the [13:39] Community School of Government [13:40] Program Development and [13:42] leadership collaboration and [13:44] placemaking skills. Local [13:46] government effectiveness. So [13:52] congratulations. Thank. And I [13:52] m [13:53] going to actually turn it over [13:56] to to her right now to our [13:58] parking. [14:01] Uh thank you. So we recently [14:03] for today do general Services [14:05] Department, which is comprised [14:07] of our property facilities [14:09] management and vegetation [14:11] management, sustainability and [14:12] our central warehouse. And we [14:16] just hired a perfect. And so he [14:20] just started two weeks ago. As [14:23] the director of departments, he [14:24] has said it [14:25] s been more than a [14:27] decade. Local government [14:29] leadership with the county [14:33] since 2012. And now several [14:41] leaders. Deputy Fletcher, major [14:49] individuals. In criminal [14:56] justice. Administration. So I [14:56] m [15:07] excited to have. To. For and [15:27] see. [15:33] Have the city. Because we want [15:35] to support it in all others to [15:39] make public facilities. And our. [15:45] Come all the things in the past. [15:52] Help us to second is trying. To [15:58] just places. With some of our [16:07] with. That and resources around [16:16] the policies. First and. 635 [16:26] dash. One elements. 12. Master [16:31] is expanding how? The council a [16:36] lot of houses, a lot of [16:41] housing, stores Council budgets [16:48] and tuition provisions as human [16:51] are with the city. On [16:53] Wednesday, AUGUST 26th, from [16:56] 930 to 1130 at the Old Town [16:58] Neighborhood Center at 4550 [17:01] Chaplin Drive. Residents are [17:02] invited to meet with city staff [17:04] and community partners, learn [17:06] about city services, ask [17:07] questions, share ideas, and [17:09] discuss issues affecting their [17:11] neighborhoods, complimentary [17:12] coffee and refreshments will be [17:16] provided. And then, at our [17:18] communities last week, [17:19] particularly in the public [17:20] works Committee meeting last [17:21] last week highlighted the [17:23] outstanding work across [17:26] multiple city departments that [17:28] took place to resolve the a [17:29] major water main break that [17:32] occurred at the end of JULY. [17:32] I [17:33] d be remiss if I didn [17:33] t take [17:35] a moment at this platform to [17:37] acknowledge the extraordinary [17:38] around the clock effort of our [17:40] employees, many of which you [17:42] are also feeling the impact at [17:44] their homes on this water [17:46] outage. Our water main break, [17:48] whose example our one team [17:50] approach to city government in [17:52] action around professionalism, [17:54] commitment and collaboration of [17:55] all these individuals working [17:57] not only with one another but [17:58] with the county and the [18:00] community as a whole, including [18:01] the many organizations and [18:03] individuals to step up to help [18:05] those who need it. During this [18:07] time, the Council is our [18:08] expression of appreciation for [18:11] their work on that. And joining [18:12] me in the spirit of Christmas. [18:15] Thank you to the public for his [18:16] patience and for all those who [18:18] played a hand in taking care of [18:26] the situation. So thank you. I [18:27] know you had some of them. Some [18:29] of them were even much needed [18:31] break right now from the work [18:33] that they had on. And then just [18:35] finally, I wanted to [18:36] acknowledge the International [18:38] Theater Festival that was in [18:40] full spring, actually full [18:41] swing. What am I going to [18:43] cover? But the city worked with [18:44] the festival organizers, hotels [18:46] and host sites to minimize the [18:48] impact on the tens of thousands [18:49] of guests that were in town. [18:50] For one of our community [18:52] signature events, the spirit [18:54] and enthusiasm of the attendees [18:56] and participants was powerful, [18:57] and the festival was a true [18:59] celebration of the arts like [19:00] culture and the power of [19:02] community to bring people [19:04] together to find. The festival [19:05] featured more than hundred and [19:06] 20 performances by 30 [19:07] professionals like the [19:09] companies, many of the [19:11] performances were sold out, [19:13] most of them organizers [19:14] estimate that the weeklong [19:16] event generated economic impact [19:19] for dollars. City caused the [19:21] impact positively impacting [19:23] hotels, restaurants, retailers, [19:24] transportation providers, and [19:26] other local businesses. They do [19:28] always kind of like always does [19:30] a fantastic job with this [19:31] festival together. And I felt [19:32] like we needed to recognize [19:36] them for that work. Since and [19:37] since, unless we [19:37] re meeting [19:40] together. So without camera, [19:40] which. [19:41] Was a delicious. [19:43] Display. [19:45] Good. Thank you very much. [19:48] Thank you. Have a two honorees. [19:53] Who have I? [19:55] Resolution recognizing national [19:57] emergency Management Awareness [19:57] Month. [19:59] Whereas emergencies. [20:00] And disasters, including [20:01] natural. Manmade and [20:02] technological. [20:04] And occur unexpectedly posing [20:06] significant threats to life, [20:08] property and environment. And [20:10] whereas the Winston-Salem [20:11] Forsyth County Office. [20:13] Of Emergency Management, the [20:15] city of Winston-Salem emergency [20:17] managers across all sectors, [20:18] community leaders, the North [20:20] Carolina Division of Emergency [20:22] Management, and the Federal [20:24] Emergency Management Agency, [20:26] fema dedicate countless hours [20:27] to developing preparedness, [20:29] response, recovery, and [20:31] mitigation programs to protect [20:33] the lives and property of all [20:34] persons living in the United [20:36] States and U.S. Territories. [20:39] And Whereas, emergency managers [20:40] across the United States and [20:42] U.S. Territories are charged [20:44] with establishing and [20:46] capabilities necessary to [20:48] effectively direct, coordinate, [20:50] and support emergency and [20:51] disaster response and recovery [20:53] efforts. And Whereas, the [20:54] efforts of our nation [20:55] s [20:56] emergency managers have helped [20:58] millions of community members [20:59] across the United States to [21:02] cover, rebuild and become more [21:03] resilient in the face of [21:05] adversity. Now, therefore, be [21:07] it resolved, the Mayor and City [21:08] Council of the city of [21:10] Winston-Salem hereby recognize [21:12] the month of AUGUST as National [21:13] Emergency Management Awareness [21:15] Month in the city of [21:16] Winston-Salem, in conjunction [21:18] with the National Preparedness [21:20] Month in SEPTEMBER, with the [21:21] support of the North Carolina [21:23] Division of Emergency [21:24] Management, the International [21:26] Association of Emergency [21:28] Managers, and the National [21:29] Emergency Management [21:31] Association, all U.S. [21:32] communities are urged to [21:33] express their sincere [21:35] appreciation for emergency [21:37] managers in every sector who [21:39] work diligently to prepare, [21:41] protect and serve our cities, [21:43] counties and states. Tribes, [21:45] territories, regions and [21:47] organizations against all [21:48] hazards and risks. [21:50] Through motion. [21:52] MR. Mayor Pro Tem actions by [21:55] Councilmember all although to [21:58] say I. A unanimous asked the [22:00] CHAIRMAN Of the Committee to [22:02] present us to our Director of [22:16] Emergency Management to offer. [22:19] On behalf of our city. We thank [22:20] you for all of your excellent [22:22] work that you do in your [22:25] department. We are excellent [22:27] because of your diligence, your [22:31] commitment and all of the time [22:33] your staff gives. When we have [22:36] mercy, we thank you. We [22:52] appreciate you and we are. [22:53] Thank you, MR. Mayor. Mayor Pro [22:55] Tem and members of the council [22:57] for the proclamation. Just very [22:58] briefly, the Office of [23:00] Emergency Management. We plan [23:01] to coordinate our community [23:03] response to disasters. Large [23:06] scale emergency, natural avenue [23:09] and technological development, [23:11] and major infrastructure. And [23:13] they occur. We do this by [23:14] partnering with our local, [23:17] city, county, regional, state, [23:19] federal, private and nonprofit, [23:21] non-governmental organizations. [23:23] Our office is a very small team [23:25] of five individuals and self, [23:27] and we are typically working [23:28] behind the scenes at public [23:30] eye. So I think the [23:32] proclamation excellent where we [23:34] are now and what our team does [23:36] and our mission is. And with [23:37] that, I just want to accept the [23:38] proclamation on behalf of my [23:44] teams, recognition. One word. [23:45] Thank you very much and have [23:51] you. Thank you, MR.. Going over [23:53] to fc during the water main [23:55] crisis, here with full house [23:59] work. First I will say about [24:01] the city performance and we are [24:05] to the beginning. Thank you. [24:07] Have our needs to. [24:08] Thank you for resolution [24:10] honoring the 2026 Winston-Salem [24:12] Police Department. Citizens [24:14] Police Academy graduates. [24:15] Whereas 12 citizens have [24:16] successfully completed the [24:18] Winston-Salem Police Department, [24:21] Citizen Police Academy. Shannon [24:24] Dula, Antoinette Conrad Montego [24:27] Davidson, Lacey Dickens, [24:29] Jocelyn Grace, Leticia Harrison [24:32] Brooks, Jewett, Judith [24:34] Renteria, Marion Chantelle, [24:38] Shante Reynolds, and and Cisco. [24:41] Ladies. And whereas the course [24:42] is intended to provide [24:44] residents with a deeper [24:45] understanding of the inner [24:47] workings and complexities of [24:48] law enforcement and the [24:49] Winston-Salem Police [24:51] Department. And Whereas the [24:54] 2026 Citizens Police Academy [24:56] has included more than 30 hours [24:57] of interactive instruction [24:59] across 13 weeks, giving [25:00] participants a behind the [25:02] scenes look at Winston-Salem [25:04] Police Department. And Whereas [25:05] the coursework covers city [25:07] government and governance [25:09] structure and community [25:11] engagement, investigation, [25:12] field operations, and [25:14] constitutional law, and much [25:16] more. Whereas participants [25:18] experience specialized units [25:20] such as Swat, k-9, forensics, [25:22] and the real time crisis and [25:24] have completed a ride along or [25:26] cit, along with patrol or [25:28] communications. And Whereas [25:30] their dedication has resulted [25:31] in a better understanding and [25:33] appreciation of city government [25:35] and law enforcement, and their [25:37] participation has given them [25:38] resources to serve their [25:40] community and the world better. [25:42] Now, therefore, be it resolved [25:43] that the mayor and the [25:44] Winston-Salem City Council [25:46] hereby approve honoring the [25:49] 2026 Winston-Salem Citizens [25:51] Police Academy graduates in [25:52] which the much discussed with [25:54] their future as community [25:55] leaders. [26:00] Come. For our second, because [26:02] they are pursuing a position [26:04] that has unanimous and [26:08] presented us to begin to. Alan [26:26] recognized. Thank you, Kenzie. [26:28] Thank you for helping to make [26:31] all this happen here. And Chief [26:32] Fan has joined us here. How are [26:35] you? Uh, so we are delighted to [26:36] have this program in our city [26:38] and our public safety chair and [26:40] member of the class is here as [26:41] well. So I [26:42] ll present this to [26:44] you and invite you to make a [26:50] comment to your life. [26:51] Good evening. Mayor. Mayor Pro [26:53] Tem, member of the Council. [26:55] Thank you for this recognition [26:56] for the Citizens Police [26:59] Academy. And I also wanted to [27:00] take this opportunity to extend [27:03] my gratitude to them. Although [27:05] it is very clear to me that [27:08] everyone knows how to do our [27:11] job, when, where and how to do [27:12] it. Um, it [27:14] s especially I want [27:16] to thank them this committee [27:19] group, for the 13 Thursdays [27:21] that they spent learning all [27:22] about the police department. [27:24] Um, they took ownership of [27:26] their police department, and [27:29] they learned a lot. I will tell [27:30] you that as much as they [27:32] learned during those 13 weeks, [27:34] we learn just as much from [27:35] them. And I [27:36] m going to warn [27:36] them, like I did at the [27:39] beginning of class. They hear [27:41] all this knowledge with them. [27:42] However, if every time they [27:44] watch in cop movies with their [27:46] family members, they say they [27:46] can [27:47] t do that or they can [27:47] t do [27:48] that, no one will want to watch [27:50] tv with them. So please refrain [28:01] for that. But thank you. [28:03] I will add that we have the [28:05] fall version of Citizens Louis [28:07] County coming up on AUGUST [28:08] 27th. Thank you all so much. [28:13] Thank you. Now go to our [28:15] regular agenda. Our agenda is [28:16] comprised of two parts the [28:18] consent agenda and the general [28:20] agenda. As always, practice of [28:21] our Council to pay to consent [28:22] agenda is the first order of [28:24] business. Items on this agenda [28:26] have been unanimously [28:27] recommended by committee of the [28:29] City Council, or are being [28:30] submitted in accordance with [28:32] established city procedure. [28:33] There will be no discussion of [28:35] the items on this agenda unless [28:37] council members so request that [28:38] item be removed. The consent [28:39] agenda and considered [28:41] individually. Item is not [28:43] remove will be enacted with one [28:45] motion. Councilmember. Hall was [28:47] asked by seven with any other [28:50] items. Councilmember seeing [28:51] none is here. [28:51] I [28:52] ll move for approval. [28:53] Of the consent. [28:54] Agenda. [28:57] Second, Councilmember Clark. [28:59] This is what chronic disease [29:00] electronic vote. Please [29:03] indicate a voting yes if no one [29:05] can invoice with. All in favor, [29:07] please say aye. Aye. Opposed? [29:07] And that [29:08] s unanimous. MAY have [29:11] item c7, please. [29:14] Item c7 resolution establishing [29:15] a new date for Winfield Forward, [29:17] llc to complete construction of [29:20] the Residences at Indiana to [29:21] provide affordable housing [29:50] located in the North Ward. [29:52] Presented at city at the [29:55] Committee. This is fine. I can [29:58] do my remark, which is a very [29:59] general. I [30:00] ll just be [30:03] presenting what I did on last [30:03] Monday, if that [30:04] s okay. Mayor [30:07] Jones okay, um, what I wanted [30:08] to do was make sure that I [30:10] reiterated what I mentioned at [30:12] the Housing and General [30:14] Government meeting on last [30:17] Monday. That was just that, um, [30:18] the representatives from [30:21] Winfield for, uh, to follow up [30:23] with Mayor Pro Tem Adams, who [30:25] is the representative for this [30:27] ward, to be sure that they are [30:28] able to follow up with the [30:29] residents who are across the [30:31] street and Stonewall community. [30:33] I know that they did make that, [30:36] um, promise during that meeting [30:38] on last Monday. I just want to [30:39] make sure that that is stated [30:41] on record. So they do follow up [30:43] and make sure that they have [30:45] that meeting with, uh, Council [30:46] Member Adams, as well as the [30:48] residents that are nearby for [30:51] the update with the um, site [30:52] plans and also with the new [30:53] date for completed [30:55] construction. Thank you, Mayor [30:56] Jones. [30:57] , promotion Council member. [30:59] I am. And with that, I move to [31:02] approve item c7. [31:03] By Mayor Pro Tem Adams. Any [31:05] discussion? If not all those in [31:06] favor of this motion, please [31:08] indicate by saying I. [31:09] I. [31:11] Oppose no. And that unanimous [31:14] thinking. Now go to the general [31:15] agenda, which is concludes [31:17] public hearings on alleyway [31:19] closure, flood insurance [31:20] compliance, text amendment [31:22] seven zoning petitions and [31:25] elected body special use permit [31:27] petition, public hearings are [31:29] called uh. Persons in the [31:30] Council chamber will be given [31:32] an opportunity to speak if [31:33] there is opposition to a public [31:35] hearing item. The proponents [31:37] and opponents will be given 15 [31:38] minutes for presentation and [31:40] three minutes for rebuttal. If [31:42] no one wishes to speak on [31:43] public hearing and the City [31:46] council will consider the item [31:47] which we have, item g one, [31:50] please. [31:52] Item g one public hearing and [31:53] consideration of a petition to [31:56] close an abandoned a 1.25 acre [31:58] unnamed alleyway between Allen [32:00] Street and Wilbur Street, [32:02] located in the southeast ward. [32:04] Thank you. Is there anyone in [32:05] the Council chamber who wishes [32:10] to be heard on this item? [32:11] Seeing no one, I declare the [32:12] public hearing closed and [32:13] recognize the CHAIRMAN Of the [32:14] Public Works Committee. [32:28] Councilmember. [32:30] I move for approval of item. [32:31] Chief. [32:33] Second., which is a second by [32:39] Councilmember Taylor. Go ahead [32:40] and say that. [32:42] I move for approval of item g. [32:46] One second in the discussion of [32:48] this item. Not afraid. The [32:49] motion, please. In the [32:51] capability. Yes. Anyone opposes [32:56] vote no. And as unanimous. [32:59] Thank you. Item g2. [33:01] Item g2 public hearing and [33:04] consideration of Udo cc 36 [33:05] National Flood Insurance [33:08] Program Compliance testimony. [33:10] This is a public hearing. Is [33:11] there anyone in the Council [33:13] chamber who wishes to be heard [33:14] on this proposed amendment to [33:16] the National Flood Insurance [33:21] Program compliance text. C one [33:23] under threat public hearing [33:24] code close to recognize Mayor [33:25] Pro Tem items. [33:27] Thank you. Mayor. I move for [33:28] approval of one the statement [33:30] of consistency for the approval [33:33] of this item and two. Udl cc [33:34] 36. [33:37] Second. Second by Councilmember [33:40] Clark. Any discussion questions [33:41] now for the motion please, and [33:43] keep a voting yes. Anyone who [33:43] s [33:52] vote no. That is unanimous. [33:55] Thank you. Item g three. [33:56] Item g three public hearing and [33:58] consideration of the Zoning [34:01] petition of young keeping him w [34:05] 3687 from Rs nine and rm18 to [34:07] Rs seven. Property is located [34:09] east of the Andrews Drive, and [34:09] we [34:10] ve asked Boulevard [34:12] intersection located in the [34:13] North Ward. [34:15] Is there anyone in the council [34:16] CHAIRMAN Who is opposed to this [34:21] rezoning? Seeing that we [34:21] re not [34:22] the chair of the public hearing [34:25] closed and recognize the [34:26] appropriate Adams, I [34:27] ll. [34:28] Move for approval of one. The [34:30] statement of consistency for [34:32] the approval of this item. And [34:35] two w 3687. [34:39] A second. Second second. [34:40] Council member Taylor. Any [34:43] discussion questions? Not all [34:44] for the motion, please indicate [34:46] by voting yes. Anyone opposed? [34:51] Vote no. That is unanimous. [34:53] Thank you. Mayor Pro Tem, item [34:54] g. [34:56] Item g for public hearing and [34:57] consideration of a zoning [35:01] petition of Lewis David Vargas. [35:05] W 3688 from Rs nine to gbl [35:06] properties located on the west [35:08] side of Home Road, north of [35:10] Indiana Avenue, containing [35:12] approximately 0.36 acres. [35:15] Located in the North Ward.. [35:16] So anyone in the Council [35:17] chamber who is opposed to this [35:23] proposed rezoning. Seeing no [35:24] one, I declare a public hearing [35:26] closed and again recognized [35:28] mayor put on work. You are [35:29] less. [35:31] I move for approval of one [35:32] statement of consistency for [35:35] the approval of this item, and [35:38] two w 3688. [35:41] For a second. Second second. [35:43] Councilmember. Clerk in session. [35:46] Questions on this item? Not all [35:47] those in favor, please indicate [35:49] voting yes. Anyone who [35:54] s. As [35:56] unanimous. Thank you. Item g [35:58] five. [36:00] Item five. Motion to excuse [36:01] Council Member Taylor from [36:03] voting item g6. [36:04] Thank you. Chair a motion to [36:05] excuse Councilmember Taylor. [36:07] I move to Councilmember Taylor. [36:11] Be voting on item g six. [36:12] Second above for all. Any [36:15] discussion. All those in favor [36:16] of the item, please take the [36:18] voting. Yes. Anyone opposed? [36:22] Vote no and that is unanimous. [36:24] For whatever your excuse for [36:27] voting on item. Uh, g6, they [36:28] will have on Jesus. [36:30] I g6 public hearing and [36:31] consideration of a zoning [36:34] petition for Water Holding llc [36:35] doing business as equal [36:39] properties w 3689 from R.M. [36:44] Eight s and lil two lifo [36:45] properties located at the [36:47] southeast intersection of South [36:49] Main Street and Arnold Avenue, [36:51] containing approximately 0.81 [36:53] acres. Located in the southeast [36:54] ward. [36:56] Thank you. Is there anyone in [36:56] the Council CHAIRMAN Who [37:01] opposed this rezoning? Seeing [37:03] no one, our declare the public [37:05] hearing closed and just comes [37:06] prepared. Excused. I [37:07] m [37:09] councilmember. Motion. Thank [37:09] you. [37:11] Thank you. Mayor. I move for [37:13] approval of the statement of [37:15] consistency for the approval of [37:20] this item. And w-3689. [37:22] Second by Mayor Pro Tem Adams. [37:24] Any discussion questions on [37:26] this item? Not all those in [37:28] favor. The motion please. Yes. [37:39] Anyone opposed? Nope. That is [37:41] unanimous with Councilmember [37:43] Taylor being excused following [37:46] on it. Item d7. [37:48] Item g7 Public Hearing and [37:49] consideration of the Zoning [37:52] Petition of hhs Holdings, llc. [37:56] W 3690. From lds to gps [37:57] properties located along the [37:59] southeast side of South [38:00] Stratford Road and at the [38:02] terminus of Ashwood Drive, [38:04] containing approximately 2.38 [38:06] acres located in the southwest [38:08] Ward. [38:09] Thank you. Is there anyone in [38:11] the Council chambers opposed to [38:17] this rezoning? See, you want to [38:18] declare a public hearing closed [38:19] and recognized? Councilmember [38:22] Andre Bowman. [38:23] MR. Mayor, I move. [38:25] For approval of one statement. [38:26] Consistency for the approval of [38:31] this item. And to w 3690. [38:34] Second Councilor Scipio. Any [38:38] discussion questions? Now, all [38:39] those in favor? The motion, [38:41] please keep the voting. Yes. [38:47] Anyone knows those have. And [38:49] that is unanimous. Thank you. [38:51] Item g8. [38:53] I am g a public hearing and [38:54] consideration of the zoning [38:56] petition of all Red Investment [39:00] Company, llc. W 3692 from gi [39:03] and cpo to gpl properties [39:05] located on the north side of [39:06] East Haynes Mill Road, across [39:08] from Brasfield Drive, [39:11] containing approximately 44.45 [39:13] acres. Located in the northeast [39:14] Ward. [39:16] Thank you. Is there anyone in [39:17] the Council CHAIRMAN Who is [39:22] opposed to this rezoning? [39:23] Seeing no one on declare the [39:24] public hearing closed and [39:26] recognized, Councilmember. [39:26] Fortune. [39:29] Thank you, mayor. I move for [39:31] approval of one. The statement [39:33] of consistency for the approval [39:38] of this item. And two w 3692. [39:40] One mayor Pro Tem Adams any [39:41] discussion questions on this [39:44] item? Not all those in favor, [39:46] please. Yes. You want to close [39:54] out that? As approved [39:58] unanimously. Item g nine. [40:00] Item g9 public hearing and [40:01] consideration of a Zoning [40:05] Petition of alma mater w 3693 [40:08] from Rs nine to Knoll [40:09] Properties, located on the [40:11] south side of Country Club Road [40:13] between South Cliff Dale Drive [40:15] and Harbor Street, paying [40:17] approximately 0.33 acres. [40:20] Located in the southwest Ward. [40:21] I understand there is [40:22] opposition to this item, so we [40:26] will have a public hearing for [40:27] the proponents here to make [40:30] comments. Uh, MR. Murphy is [40:53] going to do that for us. Mayor. [40:54] Um, mayor Pro Tem, members of [40:57] council, uh, this request is to [41:00] rezone 0.33 acres of property [41:01] located on the south side of [41:02] Country Club Road, between [41:04] South Lift and Rob and Harbor [41:06] Street, located in the [41:08] southwest ward from Rs. Nine to [41:11] Knoll neighborhood office. [41:20] Limited use. This is a map of [41:23] the for 2045 Growth Management [41:24] Area Plan map showing the [41:26] property located in gma three [41:27] suburban neighborhoods. It is [41:28] located to the south side of [41:30] Country Club Road, just to the [41:32] west of South Creek Parkway. [41:33] South Creek Parkway, and that [41:35] area does serve as the dividing [41:36] line between gma [41:37] s two and [41:39] three, but this is located [41:40] within the suburban suburban [41:41] neighborhood. Growth management. [41:45] Uh, this is a subject property [41:47] highlighted in yellow, again [41:49] shown on the south side of [41:51] Country Club Road. You see, it [41:53] is located just slightly west [41:56] of a large office, uh, zoning [41:58] across the road from an us [42:01] townhome project. It is located [42:02] in between Harper and Cliff [42:04] Dale, and it is located close [42:06] to the on and off ramps as [42:12] follows. Creek Parkway Road. [42:14] Outlined in yellow. This is the [42:16] existing single home. This [42:19] would be an adaptive reuse. And [42:20] again you do see the [42:21] development pattern in the [42:23] area. Some intense single [42:25] family and multifamily to the [42:27] north have traditional older [42:29] homes on that south side of [42:31] Country Club Road. And again [42:32] you do see the office [42:35] development there to the east [42:38] along South Creek Parkway. And [42:39] you see to the west the [42:41] beginnings of the um, [42:45] commercial area. There to the [42:50] west, the Gordon Manor area. [42:51] This is the subject property [42:52] shown on the West Suburban Area [42:54] Plan update, which was updated [42:56] in 2018. It does recognize the [42:57] existing single family [42:59] residential use of the property [43:01] and recommends for this [43:03] property to be developed as [43:05] single family residential. Uh, [43:07] also in the area plan. Uh, you [43:09] know, does talk about the [43:11] neighborhood office and zoning [43:13] can be an acceptable transition [43:15] use and can be accepted [43:18] alternative to single family [43:21] residential, especially along, [43:23] uh, urban corridors such as [43:25] country Club Road. So again, it [43:25] doesn [43:26] t meet the specific [43:28] recommendation of area plan. [43:30] But there is some flexibility [43:31] there for adaptive reuse of [43:35] existing structures. Uh, this [43:37] is just some images. This is [43:38] looking east along Country Club [43:39] Road to subject property is to [43:41] the right to see the zoning [43:43] sign there on the other side [43:44] you see some of those townhomes [43:46] that were built about 8 to 10 [43:48] years ago. You do in the [43:50] background over there. See the [43:52] southbound offramp from South [43:53] Creek Parkway, home to Country [43:57] Club. Uh, this is looking west [43:59] on along hundred Club Road. The [44:00] subject property is to the left [44:03] in the on the image you see the [44:05] apartments, uh, apartments of [44:07] townhomes across country Club. [44:08] Again, there [44:08] s a wall, there [44:09] s [44:10] a vegetated screen, but there [44:12] is more intense side of the [44:15] road. Uh, this is looking [44:16] south. Home kind of club road [44:18] at the subject property. This [44:21] is the house in question. Uh, [44:22] this is looking west from the [44:24] property and adjacent vacant [44:28] parcel. Their own country club. [44:29] This is looking east from the [44:31] subject property and another [44:34] adjacent to make it parcel to [44:35] give. This is looking more [44:37] directly across the backs of [44:38] the townhomes across Country [44:42] Club Road. And looking at the [44:44] project can provide an analysis [44:45] of West Suburban area plan [44:47] update recommends this property [44:49] for low density single family [44:50] development. The district is [44:52] intended to accommodate home [44:53] office conversions at the edges [44:55] of existing residential [44:57] neighborhoods. The proposed [44:58] request is compatible with the [45:00] residential development pattern [45:01] of the area, and would [45:02] accommodate reuse of that [45:04] existing single family home on [45:06] the site. Proposals. Also [45:08] consistent with forward to 2045 [45:09] recommendations to create [45:11] compatible transitions between [45:14] different land uses. This was [45:15] heard by the Planning Board at [45:16] their meeting in JULY. Uh, [45:17] there was one speaker in [45:19] opposition, primarily concerned [45:20] with the additional business [45:21] development along the country [45:23] Club Road corridor. I believe, [45:25] specifically related to traffic [45:27] concerns. Uh, following the [45:28] public hearing of the, uh, the [45:29] planning board did voted [45:30] unanimously to recommend [45:31] approval of this request to [45:33] council. And with that, I stand [45:35] ready to answer any questions. [45:39] MR. Murphy. Good morning. Thank [45:43] you, MR. Murphy. Um, so what [45:43] are the what can [45:44] t what are the [45:46] limitations of moving from what [45:49] is currently to what the Noel [45:51] what are the major limitations? [45:52] Because we spoke earlier that [45:54] there are things they just [45:54] can [45:56] t do. They can do. Can you [45:57] explain that a little bit in [45:59] detail? As much as you can. [46:00] Under this request, they are [46:02] specifically asking for a [46:03] limited number of uses or [46:04] asking for an office use, [46:06] asking for a couple of [46:07] different kinds of adult [46:09] daycare uses. They [46:09] re asking [46:11] for a couple of different kinds [46:12] of child daycare uses, and [46:12] they [46:13] re asking to keep the [46:15] existing single family home as [46:17] a potential use. But it can [46:19] only be one of those four [46:21] things. All of us residence, [46:23] daycare center, or adult [46:26] daycare provider, or a [46:28] combination thereof. Of course, [46:29] if they keep the existing home, [46:30] they would have to make sure it [46:32] meets, uh, non-residential [46:34] code. Uh, if they [46:34] re going to [46:35] have it as any type of [46:37] occupancy other than single [46:39] family, um, there are no [46:40] conditions of approval related [46:42] to this. As far as keeping the [46:42] home, we don [46:43] t really have [46:45] anything that would kind of if [46:47] you remove it and you violated [46:48] the zoning condition, there [46:48] s [46:49] not really a remedy to put the [46:51] house back if you tear it down. [46:52] Given the limited nature of the [46:54] uses that are being requested, [46:54] I don [46:55] t think it [46:56] s likely that [46:58] the house is to be torn down [47:00] and rebuilt for something else. [47:01] Perhaps the petitioner could [47:02] speak to that, but again, it [47:03] wouldn [47:06] t be binding. But very [47:08] limited frame of uses that are [47:10] being requested here. I know [47:12] that one of the concerns of the [47:14] people who are opposed to this [47:16] is around the traffic. Um, is [47:18] there a limitation of how many [47:22] cars can go into this proposed, [47:24] zoning? Not as part of this, [47:24] because there [47:25] s no site [47:27] specific development plan. The [47:28] uses that are here and [47:29] obviously a child daycare [47:30] center would be somewhat [47:32] limiting by the square footage [47:35] of the structure. Uh, and [47:36] office, you know, again, [47:37] generally speaking, of all [47:39] pesticides would generate a lot [47:40] of traffic, but there would be [47:42] any guarantees or assurances [47:44] related to traffic because it [47:44] s [47:46] a limited use request, can [47:46] t [47:49] speak to the fact that the [47:51] existing traffic count in that [47:52] area on Country Club is at [47:56] 15,500, and the capacity before [47:57] you tip over into level of [48:00] service d is 15,800. So it is a [48:04] heavily congested road. Thank [48:06] you. We now will have our [48:07] public hearing. Uh, is the [48:11] proponent here a proponent? [48:13] Yes. Okay. We [48:13] ll get back to [48:17] you. Anyone to speak for the [48:25] proponent of okay. Yes. MR.. [48:26] Please come forward. And just [48:27] give your name and address for [48:29] the record. Please. [48:31] Hello. My name is alma mater, [48:32] and I [48:33] m representing the House, [48:38] 36 Oak Country Club and I don [48:39] t [48:40] know how to serve, but, um, we [48:44] are, um, having concerns about [48:46] the traffic. Uh, usually we try [48:47] to use the house for home [48:51] office. Um, the main point is, [48:53] uh, well, I don [48:53] t know what to [48:55] say, but it is, uh, it [48:55] s [48:57] somebody really interesting to [48:59] use the house for. Home office? [48:59] It [49:02] s a lawyer. Is, I guess it [49:02] s [49:03] not going to be heavy traffic. [49:07] If it is a problem, but I don [49:07] t [49:08] know what I [49:10] m say. [49:10] Okay. [49:13] Thank you. All right. Anyone [49:16] else? For the proponents right [49:18] now and ask for the opponents? [49:19] Yes, ma [49:20] am. State your name and [49:22] address for the record as well. [49:23] Hi. Um, I [49:24] m Valerie Martin, my [49:27] address is 417 South [49:31] Cloverdale. And, um, I am also [49:34] speaking today on behalf of the [49:35] Sheffield Garden. Um [49:38] Association. Central Garden. [49:39] Sorry, there [49:39] s a Sheffield [49:40] garden club that I [49:41] m a part of, [49:43] as well as the Sheffield [49:46] neighborhood. Um, Association. [49:49] And I have a list of names of [49:51] people that I spoke with. And [49:51] I [49:57] m. Copies of. Um, so as a [49:58] lifelong resident of this [50:00] neighborhood, um, I am also I [50:01] m [50:02] very happy that about the [50:04] office building that is there [50:07] on the office across Harper [50:08] Street. If you look at your map [50:11] and I will have to say three [50:12] things, your pictures must have [50:14] been taken. I don [50:15] t know what [50:17] time of day it showed no [50:22] traffic at all. And, um, the [50:23] office building that is built [50:26] there was heavily contested by [50:28] the entire neighborhood at that [50:29] time. It was during the 90s. It [50:31] was a tie three three vote. And [50:34] our previous mayor nine was tie [50:36] breaker. But, um, and there [50:38] used to be a surveying company [50:40] that was down the street. They [50:43] actually wrote a report that [50:46] talked about how, um, damaging [50:48] that office building was going [50:50] to be. Our neighborhood because [50:52] of water runoff, which is a [50:53] problem that we it [50:54] s our [50:55] neighborhood is downhill from [50:57] the country club. So we [50:58] constantly have a problem with [51:00] the runoff. I do know that the [51:02] state just passed a law about [51:02] the parking, so that [51:03] s great [51:05] that the permeable surfaces [51:06] surfaces won [51:07] t be a problem [51:10] here. Um, but I will have to [51:13] say that the neighborhood, um, [51:16] surveying with the 500 radius, [51:20] um, and I find that very, um, [51:22] not substantial to get a good [51:24] opinion about what the people [51:26] in that area will be impacted [51:29] by this development. Um, I [51:31] understand and appreciate my [51:33] council person asking me [51:34] directly about the, um, [51:36] furthering of, like what? That [51:38] you know, what the, um, [51:39] limitations are on that [51:42] building. And, um, just my [51:44] concern and yesterday, it might [51:46] just be an office for one [51:48] lawyer, but who [51:49] s to say that [51:49] they don [51:51] t care now and then? [51:52] Like you said, there [51:52] s nothing [51:54] really good about that. And [51:55] then next thing you know, it [51:55] s [51:57] like a bait shop or whatever, [51:59] because that is high density. I [52:01] understand the high density [52:03] area stops right there. So [52:03] we [52:05] re right on the border. Maps [52:08] also do not show that it is the [52:13] entrance for southbound False [52:15] Creek. And the off ramp of [52:17] House Creek on Harper Street. [52:17] There [52:19] s two streets that Harbor [52:23] Street does not have a direct [52:24] intersection. Do not meet up. [52:25] So it [52:26] s an offset intersection. [52:26] That [52:28] s where the light is. All [52:29] the residents that live in that [52:31] neighborhood cannot leave the [52:33] neighborhood except for through [52:35] that light. There [52:36] s no turning [52:37] on that light. You already [52:38] discussed about how much [52:40] traffic is. It? It [52:40] s almost an [52:43] access to that area. The other [52:45] street comes down that borders [52:47] that house is, um, political [52:50] drive, which is my street, and [52:52] I cannot leave my neighborhood [52:54] going on with Gail because the [52:57] traffic is such so backed up [52:58] there. There [52:59] s, you know, one [53:01] thing that goes east on Country [53:02] Club Road, one lane that goes [53:03] west on Country Road. There [53:04] s a [53:06] turning point in the middle. [53:08] That turning lane is often [53:11] backed up between, um, Arbor [53:15] Street and the street exits all [53:17] the way down past Colonial [53:19] Drive. So you cannot exit [53:21] Brookdale Drive going either [53:22] way because there [53:22] s turning [53:25] there that is hacked. Also, if [53:27] I wanted to go across Country [53:29] Club Road straight to [53:30] Cloverdale, the other north [53:32] side of Cloverdale, there is no [53:33] way to do that through the [53:37] traffic there. Again, I totally [53:38] understand that somebody wants [53:40] to put an office there. I think [53:40] that there [53:41] s a lot of office [53:43] space throughout the city that [53:46] you could find to pursue that. [53:48] Um, we are talking about that. [53:51] We need housing. So for people [53:53] to live in. So I think that [53:53] it [53:55] s been a house for since the [53:57] 40s, it should continue to be a [53:58] house that is right at the [54:01] border of the. I [54:01] m sorry, I [54:01] m [54:03] not familiar with the terms, [54:03] but it [54:05] s right at the border of [54:06] where you [54:08] re going to stop the [54:10] density of business on country [54:14] road going forward on the, you [54:16] know, going into like across [54:20] our street, into the. That they [54:23] would never put that into. So [54:24] thank you for your time. Thank [54:26] you for all your services. Um, [54:29] and I apologize because, um, [54:30] that I wasn [54:31] t at the previous [54:33] meetings, but I have called [54:35] every day. As soon as the sign [54:36] went up, I called. I [54:37] ve tried [54:38] to be as civically engaged as [54:40] possible. I went around and [54:41] surveyed my neighbors as much [54:43] as possible about the traffic [54:45] and about the situation. Um, [54:47] but I just I find that it [54:47] s [54:50] just excessive to to make this [54:53] decision in favor of that. And [54:54] thank you for your time. [54:55] Appreciate you listening to me. [54:58] Thank you very much. Anyone [54:59] else for the opposition? Yes, [55:07] sir. [55:09] I live in Cliff Moore across [55:12] the street. Uh, at the time of [55:14] this Planning Board hearing, I [55:16] was actually living in Ardmore. [55:18] So my first knowledge of this [55:21] was the letter I got. Say, I [55:24] live with within 500ft. And to [55:28] be adhering tonight. Uh, I [55:30] talked to planning about this [55:33] and my concern is, is not what [55:33] we [55:35] re being told is going to be [55:37] there. But in answer to my [55:40] question, yes, the House can be [55:42] torn down and an office built, [55:45] and that office can be 40ft [55:50] high. So my concern is not [55:52] necessarily what is being [55:55] proposed, but the potential of [55:58] what this is resolved can [55:59] happen. Thank you. [56:02] Thank you sir. Anyone else for [56:07] the opposition? Seeing anyone, [56:08] in the proponents, you can have [56:09] three minutes for any rebuttal [56:10] you [56:19] d like to present. [56:21] Um, I wanted to mention [56:22] something a little bit ago. I [56:24] know there are some concerns [56:26] about traffic, but one of the [56:27] things that made me think about [56:29] it, uh, I just received a [56:32] letter, um, maybe two weeks ago [56:33] about the going to tear the [56:35] bridge down, the one that are [56:37] concerning about it. And for [56:38] that, maybe I don [56:39] t know if [56:39] they [56:40] re going to do remodels [56:41] for the bridge. They [56:41] re going [56:44] to be make the bridge more, I [56:46] mean, concerned, I mean, do [56:47] something to remove to do that [56:50] traffic more easy. [56:52] Okay. The bridge over the [56:52] river. [56:55] Yeah. The one they saw scream.. [56:56] Right. [56:56] Thank you. [56:57] Thank you. [56:59] And thank you so much for your [57:01] help. [57:01] Thank you. [57:04] Oh my GOD. The address is 3606 [57:06] Country Club Road. [57:09] Okay. Thank you. Ah. Anyone [57:12] else on rebuttal? Okay. Thank [57:14] you. The opposition would have [57:15] three minutes for rebuttal. If [57:15] you [57:16] d like to add anything else. [57:21] Okay. You [57:23] re good. There. Okay. [57:24] All right. Thank you. I [57:24] ll [57:25] declare the public hearing [57:27] closed. And MISTER Murphy [57:27] s [57:29] already given basically the [57:31] report of the planning board. I [57:33] recognize a council member, [57:34] Andre Baldwin. [57:34] If you don [57:34] t mind, I [57:35] d like a [57:36] couple more questions, if you [57:37] don [57:38] t mind for MR. Murphy. Yes. [57:40] Thank you, sir. MR. Murphy, um, [57:41] there were a couple of things I [57:42] would like to just kind of make [57:43] sure that we [57:47] re clear on, um, [57:49] if this if this, this rezoning [57:54] goes through, um, the the [57:54] there [57:55] s a possibility of [57:58] allowing this to be a house [58:00] with a business attached to it. [58:05] Is that correct? [58:06] Let me make sure I understand [58:06] what you [58:07] re asking. Could could [58:09] it be used jointly as a [58:10] residence in an office? [58:12] Yes. Okay. And from the [58:13] conversation that I [58:14] ve had with [58:15] the person who [58:15] s making that [58:17] proposal, that is what is being [58:19] proposed. Okay, um, and then [58:22] there was a question about if [58:24] this if this goes through [58:26] building it one day, turning it [58:29] into a larger office space, if [58:31] this if this does go through, [58:33] if there was proposed, if they [58:34] wanted to make it a larger [58:35] office space, it would have to [58:36] come back to be rezoned. Is [58:37] that correct? [58:38] Incorrect. [58:39] Okay. Please can you expand [58:39] that. [58:39] Because it [58:39] s, it [58:41] s a as long as [58:43] they are not changing the uses. [58:44] In other words, if this were to [58:45] get approved tonight, they [58:45] ve [58:47] asked for offices, adult [58:49] daycare or home, adult daycare [58:51] center, child care home drop in [58:53] single family residential. As [58:53] long as it [58:56] s one of those uses. [58:56] There [58:59] s nothing that requires [59:01] that building to stay there. So [59:03] if this were approved tonight [59:06] and they move in there and they [59:07] have an office for several [59:08] years and then decide, hey, you [59:10] know, I think we could do a [59:12] bigger office. And they tear [59:14] the building down and build a [59:17] two three story office, [59:18] assuming they could fill in a [59:20] lot with the setbacks, they [59:22] could do that, and it would not [59:23] have to come back before this [59:23] board because it [59:24] s a limited [59:26] use request, not a special use [59:28] request that ties it to a site [59:30] plan, a specific development [59:32] approval. That [59:32] s that [59:32] s not [59:34] what this does. This is limited [59:35] use. So you [59:35] re just looking at [59:37] the uses. [59:46] Okay. Thank you. Okay. Um, [59:46] let [59:50] s get the right one. Well, [59:51] I don [59:52] t know the deal. Uh, I [59:52] guess I [59:53] ll go ahead. I move for [59:55] approval of one. The statement [59:56] of consistency for the move, [59:58] the approval of this item. And [1:00:01] two, 3693. [1:00:02] Thank you. Is there a second? [1:00:04] Second. Second. Counselor. [1:00:06] Scipio. Councilmember Clark and [1:00:08] Councilmember Joyner. Yes. I am [1:00:09] the COUNCILMAN Across the [1:00:11] street. I don [1:00:12] t have any [1:00:13] trouble. If someone wanted to [1:00:16] use the house as an office, but [1:00:17] if it was me, I would have put [1:00:19] restrictions on what you could [1:00:23] do. Uh, this is a third of an [1:00:24] acre. I don [1:00:25] t know how big an [1:00:26] office building you could put [1:00:28] in. Raleigh just did away with [1:00:29] all the parking requirements. [1:00:32] So, um, since there are not any [1:00:34] restrictions, you could tear it [1:00:36] down and put up a larger office [1:00:37] building. I will have to vote [1:00:38] no. That [1:00:40] s where. Joyner. [1:00:43] Thank you. Mayor. I, um, I [1:00:46] really feel that in most cases, [1:00:47] someone should be able to do [1:00:48] what they want to do with their [1:00:51] property. But in a residential [1:00:54] neighborhood, and as the woman [1:00:58] said, uh, we are strapped for [1:01:00] spaces to put housing. And [1:01:04] under the original idea of a [1:01:05] plan for this property, it [1:01:08] would be great. Um, because it [1:01:10] could be a resident and an [1:01:11] office. But that [1:01:12] s no [1:01:14] guarantee. Five years, five [1:01:17] months or 50 years. But the [1:01:18] thing that we know, five [1:01:20] months, five years or 50 is [1:01:23] that we need housing. So for [1:01:25] that, as much as I believe [1:01:29] entrepreneurship is a a [1:01:31] stronghold and something that [1:01:33] needs to be, I would have to [1:01:35] vote no for this. [1:01:38] Okay. Thank you very much. Just [1:01:39] do we have a motion to approve [1:01:40] the rezoning? All those in [1:01:41] favor of the rezoning, please [1:01:43] vote yes. Anyone opposed? Vote [1:01:55] no. Motion passes 5 to 3. Five [1:01:57] in favor of three. Opposed. [1:01:59] Thank you. Councilmember Bone. [1:02:02] All right. Item g ten. [1:02:04] Item g ten. Public hearing and [1:02:05] consideration of a zoning [1:02:07] petition of Andrea Adams [1:02:11] Strickland w 3694 from Rs 12 to [1:02:14] hbl properties located on North [1:02:16] on the northeast intersection [1:02:18] of University Parkway and Laura [1:02:19] Avenue, containing [1:02:21] approximately 0.9 acres. [1:02:24] Located in the northeast Ward. [1:02:26] Thank you. Is there anyone in [1:02:28] the chamber who is opposed to [1:02:33] this rezoning? See no one. I [1:02:34] ll [1:02:35] declare the public hearing [1:02:36] closed and recognized. [1:02:40] Councilmember Burke. [1:02:42] I move for the approval of one. [1:02:43] The statement of consistency [1:02:45] for the approval of this item. [1:02:49] And two w-3694. [1:02:51] Second second by Mayor Pro Tem [1:02:55] Adams. Any discussion questions? [1:02:56] No. Those opposed the motion. [1:02:58] Please indicate by voting yes. [1:03:02] Anyone opposed? Vote no. And [1:03:03] that is unanimous. Thank you. [1:03:07] Councilmember Burke. Item g 11. [1:03:09] Item g 11 public hearing and [1:03:10] Consideration of an Elected [1:03:12] Body. Special Use Permit [1:03:14] petition of w Sanders, Moseley [1:03:17] and Elizabeth Moseley. W 3691. [1:03:19] Property is located on the west [1:03:21] side of Chatham Road, north of [1:03:23] Buxton Street, containing [1:03:26] approximately 1.93 acres. [1:03:28] Northwest Ward. [1:03:30] Thank you. As mentioned, this [1:03:32] is a public hearing regarding [1:03:32] the petitioner [1:03:33] s application [1:03:35] for a special use permit for [1:03:36] the establishment of an outdoor [1:03:39] enclosure for a kennel, indoor [1:03:41] use, and a g1 zoning district. [1:03:43] The process of approving the [1:03:44] issuance of a special use [1:03:47] permit is quasi judicial, which [1:03:48] requires speakers for this item [1:03:50] to speak under oath. Speakers [1:03:52] should also rely only on their [1:03:54] own information, and not based [1:03:55] on remarks on what someone else [1:03:58] has said or knows the applicant [1:03:59] or other witnesses have the [1:04:00] right to ask questions of each [1:04:03] other. All testimony and [1:04:04] evidence relate must relate to [1:04:06] the four findings of fact that [1:04:08] the Council must make as it [1:04:10] relates to this quasi judicial [1:04:12] hearing. Council is prohibited [1:04:14] from considering opinion [1:04:15] testimony from non-expert [1:04:17] Witnesses, in particular [1:04:19] testimony as to how the [1:04:21] proposed use would impact the [1:04:22] value of neighboring [1:04:23] properties. Additionally, [1:04:25] counsel must only consider [1:04:26] evidence provided at the [1:04:28] hearing. Communications with [1:04:29] members of the City Council [1:04:30] outside of the hearing are [1:04:32] prohibited and must be [1:04:34] disclosed if. The four findings [1:04:36] of fact are going to be shown [1:04:38] on the screen here in a moment. [1:04:42] I think. Um, the process [1:04:44] requires that the City council [1:04:46] issue a special permit only [1:04:48] when it is able to make an [1:04:49] affirmative finding. As to each [1:04:51] of the four findings. The [1:04:53] applicant has the burden of [1:04:54] proof as to the second and [1:04:57] third findings. The opposition [1:04:58] has the burden of proof with [1:05:00] respect to the first and fourth [1:05:02] finding. Uh, anyone who wishes [1:05:04] to speak on this item should [1:05:05] come forward right now and be [1:05:21] sworn in. [1:05:31] Do I come up now? Yes. [1:05:33] All opposition.. [1:05:33] Well, anyone that [1:05:34] s taking [1:05:37] opposition. [1:05:38] Opposition? [1:05:39] Yes, everybody. That [1:05:43] s. [1:05:46] So you all can maybe all share. [1:05:52] Yeah. Yeah. Well. Okay. What? [1:05:55] Can you hold that? Um. [1:05:56] City clerk. [1:05:58] Left hand on the Bible? [1:06:02] Yes. Oh, there we go. We get [1:06:03] everybody. [1:06:03] He [1:06:04] s an attorney. He doesn [1:06:04] t [1:06:05] have to be sworn. [1:06:06] Okay. [1:06:06] All right. [1:06:09] So do you solemnly swear or [1:06:10] affirm that the statements that [1:06:12] you are about to make are the [1:06:13] truth, the whole truth, and [1:06:14] nothing but the truth, so help [1:06:15] you GOD? [1:06:16] I do. [1:06:17] All right. [1:06:19] All right. Thank you very much. [1:06:20] Council members, I [1:06:20] d asked at [1:06:22] this point if any of you had [1:06:24] any ex-parte communications on [1:06:26] this item, and if if so, would [1:06:27] you disclose it? Councilmember [1:06:28] Hall? [1:06:29] Um, thank you, Mayor Jones. [1:06:30] I did. [1:06:33] Receive an email on Friday, [1:06:36] AUGUST the 14th, 2026 at 4:21 [1:06:39] P.M. I am happy to share that [1:06:41] email for the record. Um, I did [1:06:43] not respond to the email, but, [1:06:46] um, I need to disclose it based [1:06:48] off of what you just read. So [1:06:48] I [1:06:50] m happy to read the the email [1:06:52] in its entirety. City attorney, [1:06:53] if you would like me to or just [1:06:55] to note, um, who the email was [1:06:57] from and the date and time [1:06:58] spent. [1:06:59] Um, Councilmember Hall, if you [1:07:01] could just, um, summarize the [1:07:02] email and then give it to the [1:07:04] clerk for the record. [1:07:05] Um, I think that would be [1:07:05] sufficient. [1:07:08] Okay. Um, so I did receive an [1:07:11] email from a constituent, uh, a [1:07:13] resident of the northwest Ward. [1:07:16] Um, Frank Frye, on Friday, [1:07:19] AUGUST 14th at 4:21 P.M.. Um, [1:07:20] wanting to express his [1:07:22] opposition to the outdoor [1:07:25] kennel proposal at 740 Chatham [1:07:28] Road. Uh, and that he knows [1:07:30] several property owners on West [1:07:31] End Boulevard overlooking the [1:07:35] site, uh, who also oppose the [1:07:39] proposed use. [1:07:41] Okay. Matter of record. Thank [1:07:43] you. And Councillor Warner. [1:07:45] Thank you. Mayor. Um, before, [1:07:46] uh, council meeting started [1:07:49] this evening, I did encounter [1:07:51] and speak cordially with one of [1:07:54] the residents of that area who [1:07:57] is here for, uh, to oppose it. [1:07:59] We did not have a conversation [1:08:04] about it. Um, I was told why [1:08:06] they were here. I acknowledged [1:08:08] that, and we moved on. [1:08:09] Okay. Thank you. COUNCILMAN [1:08:11] Clark. I go to church with the [1:08:13] petitioner. Petitioner, [1:08:15] whatever, but he and I have not [1:08:18] discussed it. Thank you for it. [1:08:18] All right, we [1:08:19] ll move forward [1:08:21] then. Um, Councilor Murphy, you [1:08:22] want to Council member MR. [1:08:25] Murphy? We have. You take a pay [1:08:25] cut. [1:08:27] Oh, yeah. [1:08:28] See that for it, please? [1:08:31] Yes. Uh, the this is a request [1:08:33] to, uh, for a special use [1:08:34] permit for 1.93 acres located [1:08:35] on the west side of the Chatham [1:08:37] Road, north of Buxton Street, [1:08:38] and again located in the [1:08:39] northwest ward. It [1:08:40] s an elected [1:08:41] body. Special use permit for [1:08:43] the establishment of the [1:08:45] outdoor enclosure. Enclosure [1:08:47] for a kennel, indoor use in gis [1:08:48] zoning district. And I want to [1:08:50] make that distinction because a [1:08:52] kennel indoor use is allowed in [1:08:55] gi zoning by right. Uh, but [1:08:55] there there [1:08:56] s a proposal for an [1:08:58] outdoor run as part of the [1:08:59] indoor kennel. And that [1:08:59] s what [1:09:01] requires the special use [1:09:02] permit. So this is not a [1:09:02] rezoning. It [1:09:03] s a special use [1:09:04] permit for the establishment of [1:09:07] the outdoor kennel with outdoor [1:09:10] run as part of the kennel. I [1:09:10] m [1:09:10] not going to go over the [1:09:12] findings again. I will get to [1:09:15] those at the conclusion. Uh, [1:09:17] again, we treat this similar to [1:09:18] a rezoning case. So we do kind [1:09:21] of show you the property in its [1:09:22] situation. On the growth [1:09:25] management area plan map. It is [1:09:26] located within gma two, in the [1:09:28] urban neighborhoods just on the [1:09:29] fringe of gma one, but it is [1:09:32] located within gma two, which [1:09:34] is urban neighborhoods. This is [1:09:36] a subject property highlighted [1:09:37] in yellow. Again, you do see it [1:09:41] is on the north side of where [1:09:42] West End Boulevard. Kind of, [1:09:46] uh, traverses the area. Uh, it [1:09:48] is on the edge of the Ho [1:09:49] district, but not in the Ho [1:09:52] district. Chatham Road is a [1:09:53] road that kind of transitions [1:09:55] from, uh, I think Crystal [1:09:59] towers and the, um, substation. [1:10:02] And it kind of goes into the [1:10:05] traditional industrial area to [1:10:06] the north there along Northwest [1:10:09] Boulevard, you have the Heinz [1:10:11] plant there on the right. Uh, [1:10:12] this was an old industrial [1:10:14] building. Its last use that we [1:10:16] have recorded as an approved [1:10:17] use was as a church, probably [1:10:20] in the in the 2000 through the [1:10:21] early 20 tens. I [1:10:22] m not sure if [1:10:22] it [1:10:23] s been vacant, how long it [1:10:23] s [1:10:25] been vacant, but it had been [1:10:26] used as a church. But again, [1:10:28] you do see there is a a lot of [1:10:30] various zoning classifications [1:10:31] in the area. But again, this is [1:10:35] on ge General Industrial. The [1:10:36] aerial photo there again you [1:10:40] see the um the area primarily [1:10:42] residential to the south and [1:10:45] southwest, uh, industrial and [1:10:49] uh, redevelopment of previously [1:10:51] used industrial areas there on [1:10:53] to the north, uh, on the west [1:10:55] side of Chatham Road. Again, [1:10:56] you see, there is an existing [1:10:57] building here. You [1:10:58] ll see those [1:11:01] in the site, photos. Uh, this [1:11:03] is the subject property shown [1:11:05] on the south central [1:11:06] Winston-Salem area Plan update. [1:11:08] It does recognize this again as [1:11:10] an institutional use, because [1:11:12] whenever the plan was done, at [1:11:14] least probably 11 years ago, [1:11:16] this was still being used as a [1:11:17] church, even though it was [1:11:18] zoned industrial. But again, it [1:11:20] is adjacent to an extensive [1:11:21] area zoned for light industrial [1:11:25] and general industrial. Uh, [1:11:27] this is looking south along [1:11:28] Chatham Road. The subject [1:11:29] property is to the right. You [1:11:31] do see the special use permit [1:11:33] sign posted there along Chatham [1:11:35] Road in the background. There [1:11:38] you see the Mac and the Winston [1:11:39] Tower building. You don [1:11:39] t [1:11:41] really see Crystal towers from [1:11:42] here, but it is just up the [1:11:45] hill. Uh, this is looking north [1:11:46] along Chatham Road. The subject [1:11:48] property is to the left. You [1:11:49] see the railroad? Um, they [1:11:50] re [1:11:51] about the middle of the image. [1:11:52] You see the railroad crossing [1:11:54] on Chatham Road? Um, the [1:11:58] signage, uh, this is behind the [1:11:59] building in question. This is [1:12:01] the location of the proposed [1:12:02] outdoor enclosure. Again, this [1:12:04] is an existing building, zoned [1:12:06] industrial allows the use. But [1:12:08] this is where the outdoor [1:12:09] kennel would take place on the [1:12:10] backside of that building. The [1:12:14] outdoor enclosure. Um, this is [1:12:15] looking south from the outdoor [1:12:18] enclosure. Uh, looking into the [1:12:19] West End neighborhood on top of [1:12:21] the hill. So again, they [1:12:22] re [1:12:23] single family homes up there [1:12:26] that would look down onto the [1:12:28] rear of this project and [1:12:31] property. Uh, this is looking [1:12:33] southeast from the back of the [1:12:34] paved area. Enclosure would be [1:12:35] on the left side of the image. [1:12:36] And again, the West End [1:12:37] Historic District is on top of [1:12:41] the hill. And this is just [1:12:42] looking at the main parking [1:12:44] area there on the south side of [1:12:45] that existing industrial [1:12:46] building. But that [1:12:46] s where the [1:12:48] hill is. That goes up to the [1:12:51] west end. Uh, this is a site [1:12:53] plan. Uh, again, it [1:12:54] s basically [1:12:55] most of it is cleaning the site [1:12:57] up and re utilizing the [1:12:59] existing facility, there MAY be [1:13:00] a slight expansion of the [1:13:02] parking on that south side. I [1:13:05] will let the, uh, petitioner [1:13:07] and, uh, folks representing the [1:13:08] petitioner speak to that. I [1:13:09] can [1:13:10] t 100% say whether or not [1:13:12] this is all existing parking on [1:13:14] that south side or not. You do [1:13:15] see some, I believe that [1:13:15] s some [1:13:18] proposed asphalt. Uh, excuse [1:13:20] me? Concrete walkways. And then [1:13:22] you do see the proposed outdoor [1:13:23] enclosure labeled there on the [1:13:24] right side of that building. [1:13:24] It [1:13:26] s a 5100 square foot [1:13:27] enclosure, along with some [1:13:30] fencing and other things, uh, [1:13:32] specified by the Udo. Again, [1:13:36] there are, um, uh, does show, [1:13:37] uh, maintaining the existing [1:13:38] vegetation. There isn [1:13:39] t a [1:13:41] requirement for a buffer yard [1:13:42] in between industrial zoning [1:13:45] and residential zoning. Uh, so [1:13:46] again, they can get credit for [1:13:48] existing vegetation and [1:13:51] supplement that as they need to. [1:13:53] And looking at those findings [1:13:54] that were mentioned before the [1:13:57] hearing, uh, the first finding [1:13:58] is that the use would not [1:14:00] materially endanger the public [1:14:01] health or safety if located, [1:14:02] were proposed and developed, [1:14:03] according to the application [1:14:04] and plan, as submitted and [1:14:07] approved. In response to that, [1:14:09] staff says that yes, this can [1:14:10] be found. The subject request [1:14:12] would not materially endanger [1:14:13] the public health or safety due [1:14:15] to relatively low traffic [1:14:17] generation, use of an existing [1:14:19] building and access points, and [1:14:20] compliance with operational [1:14:22] standards for an indoor kennel [1:14:25] with outdoor enclosure use. [1:14:28] Established in section 5.2.4, [1:14:30] one of the Udo. Further, the [1:14:31] presumption is that the use is [1:14:33] permitted in the if. If the use [1:14:34] is permitted in the zoning [1:14:36] district, it is not a threat to [1:14:37] public health or safety unless [1:14:40] proven otherwise. Under two [1:14:41] that the use meets all required [1:14:43] conditions and specifications. [1:14:44] The finding there is. Yes. The [1:14:45] subject request will meet the [1:14:49] minimum requirements of the Udo [1:14:51] and it did go to the Planning [1:14:52] Board. Who did certify that it [1:14:54] does meet those requirements. [1:14:54] And that [1:14:55] ll be on the last [1:14:58] slide. Three that the use will [1:14:59] not substantially injure the [1:15:00] value of adjoining or abutting [1:15:02] property, or that the use is [1:15:04] deemed a public necessity. That [1:15:05] is not something that staff has [1:15:07] the expertise to testify on. [1:15:09] Uh, so and again, that [1:15:09] s one of [1:15:10] the findings. That is the [1:15:12] burden of proof originally lies [1:15:13] with the petitioner, and I [1:15:14] believe they [1:15:14] d have some [1:15:15] information that would speak to [1:15:18] that. Uh, so there is no [1:15:20] finding from a staff level for [1:15:23] that finding. And then finally [1:15:24] the fourth finding that [1:15:25] location, character and [1:15:26] character of the use, if [1:15:27] developed according to the [1:15:29] application and plan submitted [1:15:30] and approved, will be in [1:15:31] harmony with the area in which [1:15:33] it is to be located and in [1:15:34] general conformity with for [1:15:37] 2045. From a staff perspective, [1:15:39] we find that this that this [1:15:41] finding can be met. The request [1:15:43] will allow the reuse of an [1:15:44] existing vacant building in a [1:15:46] zoning district, and is [1:15:47] generally consistent with the [1:15:49] industrial character of the [1:15:51] surrounding area. The proposed [1:15:52] outdoor enclosure is located [1:15:53] behind. The existing building [1:15:55] includes buffering elements [1:15:56] intended to mitigate visual and [1:15:58] auditory impacts on nearby [1:16:00] residential properties. The [1:16:01] request would support the [1:16:02] redevelopment of an [1:16:03] underutilized industrial site, [1:16:04] consistent with the general [1:16:05] recommendations of forward [1:16:07] 2045, and again, the [1:16:09] presumption is that if the use [1:16:10] is permitted in the zoning [1:16:11] district, it is in harmony with [1:16:12] the area. Unless proven [1:16:15] otherwise. As far as the [1:16:16] recommendation, I [1:16:17] ve gone over [1:16:18] the four findings the [1:16:19] establishment of an outdoor [1:16:21] enclosure for a kennel, indoor [1:16:23] use requires the issuance of a [1:16:24] special use permit from the [1:16:26] elected body, uh, following a [1:16:27] site plan review by the [1:16:29] planning Board for the gi [1:16:30] zoning district, the Planning [1:16:32] Board did determine that the [1:16:33] site plan meets all Udo [1:16:35] requirements. On JUNE 11th of [1:16:38] 2026, so the next steps are to [1:16:39] hold a public hearing, which [1:16:39] we [1:16:41] re doing now, and then make [1:16:42] a determination regarding those [1:16:44] four findings. And based on [1:16:46] that either issue or deny the [1:16:48] special use permit request. And [1:16:48] with that, I [1:16:49] m glad to answer [1:16:50] any questions. [1:16:54] Questions. MR. Murphy? Yeah. [1:16:55] Councilmember Clark. [1:16:58] This is currently zoned gi. [1:16:58] Correct. [1:17:00] Could you give some examples of [1:17:02] what could be built in a gi [1:17:06] zoning? [1:17:08] Uh, manufacturing a [1:17:10] manufacturing, b manufacturing [1:17:11] c, manufacturing c allows the [1:17:12] highest that [1:17:13] s the most intense [1:17:15] form of manufacturing. You [1:17:17] could have an abattoir, which [1:17:19] is essentially a like a [1:17:21] meatpacking plant. Uh, you [1:17:22] could do all kinds of things [1:17:24] under that existing gi zoning. [1:17:25] If you hold on a second, I [1:17:25] ll [1:17:26] actually get to the table of [1:17:27] permitted uses. I [1:17:27] m not sure if [1:17:28] that [1:17:32] s enough. Um, as far as [1:17:35] the heavy industrial type uses, [1:17:38] um, manufacturing a, b, c [1:17:41] asphalt and concrete plant, um, [1:17:43] borrow site, hazardous waste [1:17:45] management, meatpacking plant, [1:17:47] a mine and quarry, a recycling [1:17:49] plant, storage and salvage [1:17:50] yard. [1:17:52] Thank you. [1:17:52] And I [1:17:53] ve never heard of that [1:17:53] word. [1:17:55] You used an abattoir? [1:17:55] Yeah. [1:17:55] I [1:17:56] ve learned. [1:17:56] It [1:17:57] s not used much anymore. [1:18:00] Slaughterhouse. Customer. [1:18:02] Recipient? [1:18:03] Yes. [1:18:07] MR. Murphy? Um, the. First [1:18:09] requirement said something [1:18:14] about the planning board. There [1:18:16] was no material endangerment to [1:18:16] public. [1:18:18] Health or safety. [1:18:19] How did the planning. [1:18:21] Board? [1:18:21] This is staff [1:18:23] s analysis. I [1:18:24] know the planning board. The [1:18:26] planning board only certifies [1:18:27] whether or not it meets you [1:18:29] their requirements. Remember, [1:18:30] we can only hold one public [1:18:31] hearing. So this is the only [1:18:33] place where the public hearing [1:18:34] is held. [1:18:34] So. [1:18:35] Giving the staff [1:18:38] s assessment, [1:18:45] how did you look at audible? Uh, [1:18:50] situations with dogs barking? [1:18:50] And again. [1:18:51] You [1:18:52] re actually making the [1:18:53] findings of fact. We [1:18:53] re just [1:18:55] providing supporting [1:18:56] documentation and our [1:18:57] recommendation on how we feel [1:18:59] like it would meet that. Again, [1:19:01] we have noise ordinances. We [1:19:02] have things in place that kind [1:19:03] of address noise. There [1:19:04] s not [1:19:06] anything specific related to a [1:19:07] kennel indoor, except for the [1:19:08] fact that they have to get a [1:19:09] special use permit from the [1:19:10] elected body. [1:19:12] But this is the outdoor kennel. [1:19:14] This is for outdoor runs. It [1:19:14] s [1:19:15] not an outdoor kennel. [1:19:16] Okay. [1:19:17] So basically there are [1:19:20] provisions for an outdoor run [1:19:22] that you have to have. Staff [1:19:23] has to be out there with the [1:19:24] dogs. It [1:19:25] s not just a free for [1:19:27] all running around. Now [1:19:28] obviously, you know again I [1:19:28] m [1:19:29] not sure what the business [1:19:30] model is. You can hear from the [1:19:32] folks whenever they speak. I [1:19:35] mean, you know, if you have 25, [1:19:36] 30 dogs, I [1:19:36] m sure you [1:19:36] re going [1:19:38] to have some barking in some [1:19:39] play and those kind of things. [1:19:39] But again, it [1:19:40] s not like these [1:19:41] animals would be left [1:19:42] unattended. [1:19:42] That [1:19:44] s what I was thinking [1:19:45] about. They were going to be [1:19:46] left outside, but that [1:19:46] s not [1:19:48] the case. Thank you. [1:19:50] All right. Thank you. We [1:19:50] ll now [1:19:51] hear from the proponents. You [1:19:52] d [1:19:53] have 15 minutes for your [1:19:54] presentation if you state your [1:19:57] name and address. [1:19:59] MR. Mayor, mayor pro tem and [1:20:01] city council. I am Brad [1:20:01] Friesen. I [1:20:02] m an attorney at [1:20:03] Bell, Davis and Pit, and I [1:20:07] represent, uh, Kelsey and Eddie [1:20:08] Dolan and Kelsey [1:20:09] s non-profit [1:20:10] corporation that she formed [1:20:10] Stella [1:20:13] s Rescue, Inc. They have [1:20:14] a contract to purchase this [1:20:16] property from MR. Mosley, who [1:20:17] s [1:20:20] also here. Uh, I would like to [1:20:23] start, um, and, MR. Mayor, [1:20:26] would it be possible to, as a [1:20:28] to meet the evidentiary [1:20:29] requirements? I would like to [1:20:31] question a few questions from [1:20:34] MR. Murphy and then MISS Dolan, [1:20:35] and then we have Luke Dickey [1:20:37] here from Stonewall to talk [1:20:38] about the site plan. And Rick [1:20:41] Brandt, an appraiser. And i [1:20:43] have a good outline. I can move [1:20:44] through this pretty quickly, [1:20:46] but I MAY need more time. Uh, [1:20:47] would it be possible to ask for [1:20:48] more time? [1:20:49] If necessary, we [1:20:49] d ask you to [1:20:50] move as quickly as possible. [1:20:52] Okay. Thank you, MR. Murphy, [1:20:54] can I first ask you a couple of [1:20:57] questions about the zoning and [1:20:58] the nature of the site? First [1:21:00] of all, you mentioned that it [1:21:01] was previously a warehouse [1:21:02] building or had a warehouse [1:21:05] use. Uh, could it again be used [1:21:08] without any permit again for [1:21:11] warehousing and trucking under [1:21:17] its current zoning? [1:21:18] To answer the question, I have [1:21:19] to go into a little bit of [1:21:20] detail. I can [1:21:21] t sit here and [1:21:23] testify. I know there was a [1:21:23] church in it. I can [1:21:24] t testify [1:21:25] whether or not the church ever [1:21:26] got the proper permits, that [1:21:27] the church got the proper [1:21:29] permits, they would probably [1:21:30] there would probably have to be [1:21:33] a internal submission to the [1:21:36] inspections division to issue a [1:21:38] permit if the use had in fact [1:21:39] changed. But that [1:21:39] s not [1:21:40] anything that would require any [1:21:42] entitlements other than coming [1:21:43] to our department to get them. [1:21:44] It wouldn [1:21:45] t need to be rezoned. [1:21:46] Correct. [1:21:48] And there are hourly [1:21:49] limitations on the use of the [1:21:51] outdoor enclosure we [1:21:52] re seeking [1:21:53] here under the Udo. Is that [1:21:56] correct? And those are from 8 [1:22:00] A.M. To 6 P.M.. [1:22:01] Before I answer in the [1:22:02] affirmative, I want to look. [1:22:16] Yes, that sounds correct. [1:22:16] That [1:22:17] s correct. [1:22:19] And while you have the Udo [1:22:20] there, it [1:22:21] s also a requirement [1:22:23] of the Udo that no animals can [1:22:24] be left unattended in the [1:22:26] outdoor enclosure. Correct? [1:22:26] That [1:22:27] s correct. And animals [1:22:29] cannot be housed outdoors. [1:22:29] They [1:22:30] re correct. [1:22:30] That [1:22:31] s correct. [1:22:34] And so adding an outdoor run [1:22:37] for a kennel use would not [1:22:39] increase the the population of [1:22:40] animals that could already be [1:22:41] housed there because they can [1:22:41] t [1:22:43] be housed inutdoor [1:22:44] enclosure. Right. [1:22:45] Correct. [1:22:48] And also as a matter of, uh, [1:22:50] requirements under the Udo, the [1:22:53] animal waste. And that MAY be [1:22:54] deposited in the outdoor [1:22:55] enclosure has to be managed on [1:23:15] a daily basis, correct. [1:23:15] I can [1:23:17] t testify to whether that [1:23:18] being true. That could be [1:23:20] within the city code. I don [1:23:20] t [1:23:23] see it in the Udo. If you see [1:23:23] it in there, if you [1:23:24] ll point it [1:23:24] out to me, I [1:23:25] ll be glad to [1:23:28] testify to that fact. [1:23:34] Scoop to poop. I got two dogs. [1:23:35] Oh. [1:23:35] I just see. [1:23:36] It.. [1:23:38] Correct. You are correct. It [1:23:39] does say with animal waste [1:23:41] being managed daily as per [1:23:42] applicable sanitation codes and [1:23:43] ordinances, which again I think [1:23:46] refers back to the city code. [1:23:51] Uh, thank you sir. You [1:23:54] mentioned that the residential [1:23:57] property adjacent to this site [1:23:58] are and I can [1:23:59] t remember your [1:24:02] exact words, but the staff [1:24:05] report notes that they are [1:24:08] significantly up uphill from [1:24:10] the this property. Right? [1:24:11] Correct. [1:24:13] So in terms of water runoff, we [1:24:14] would not have water running [1:24:16] from this enclosure. Appeal to [1:24:18] the residential areas. That [1:24:18] right. [1:24:30] Correct. [1:24:35] There was the staff report on [1:24:40] page five at the very bottom in [1:24:41] the analysis of conformity to [1:24:43] plans and planning issues, [1:24:46] notes that the existing [1:24:48] vegetation, steep topography, [1:24:49] placement of the enclosure area [1:24:51] behind the existing building [1:24:53] and the volunteered additional [1:24:55] plantings will attenuate [1:24:58] offsite impacts of the request. [1:24:59] And that is something that the [1:25:01] the planning staff found to be [1:25:03] the c case. Is that right? [1:25:03] That [1:25:06] s correct. [1:25:09] And the mentioned it [1:25:09] s [1:25:10] mentioned there that there are [1:25:11] volunteered additional [1:25:14] plantings. The planning staff [1:25:16] asked for three additional [1:25:18] deciduous trees to be planted [1:25:19] near the outdoor enclosure. And [1:25:21] the and the applicant has [1:25:22] agreed to that, right? [1:25:22] That [1:25:23] s correct. [1:25:25] And those trees would be [1:25:26] between where the outdoor [1:25:27] enclosure is and the [1:25:29] residential property. [1:25:30] On the south side, correct. [1:25:40] On the south side. MR. Murphy, [1:25:42] if the outdoor enclosure is [1:25:44] being used in violation of the [1:25:45] Udo, let [1:25:47] s say with dogs out at [1:25:50] 10:00 at night, that is [1:25:51] something that the city could [1:25:53] enforce. Correct? [1:25:54] Correct. That would be a zoning [1:25:56] violation that would be handled [1:25:57] by the zoning enforcement [1:25:58] staff. [1:25:59] MR. Mayor, I would like the [1:26:01] entire staff report admitted [1:26:04] in, uh, as evidence in the [1:26:04] applicant [1:26:06] s case in this permit [1:26:07] hearing. [1:26:09] Brennan. [1:26:12] Uh, the next witness will be [1:26:16] Luke Dickey from Kimball. [1:26:18] So if you would give your name [1:26:20] and address, please. [1:26:21] Good evening. Luke Dickey with [1:26:22] Stem associates, 601 North [1:26:24] Trade Street, suite 200. MRS.. [1:26:26] 027101. [1:26:28] Thank you, MR. Dickey. [1:26:31] See? [1:26:33] MR. Murphy, do we have slides [1:26:39] that we could? [1:26:40] You want the PowerPoint or do [1:26:42] you want the overhead? Okay, [1:26:42] let [1:26:44] s got it. All right. Cuz I [1:26:45] know you said you might need [1:26:45] the overhead and. [1:26:46] That might be problematic. [1:26:48] But we can figure. [1:26:49] Yeah. Thank you very much. [1:26:50] Tonight I [1:26:50] m just going to kind [1:26:51] of walk you through the site [1:26:53] plan that we prepared. Um, [1:26:54] utilizing of course, the [1:26:55] information we get from the [1:26:57] Unified Development Ordinance [1:26:58] under the Udo Kier code, [1:27:00] working with planning staff. [1:27:01] And we prepare these plans that [1:27:03] get submitted for their review. [1:27:04] It goes to the departmental [1:27:06] review. And then we address [1:27:07] those comments. And then that [1:27:08] goes into the course into the [1:27:08] planning board for [1:27:09] recommendation. And then that [1:27:11] comes before you this evening, [1:27:12] uh, up on the screen right [1:27:13] here, right now is kind of the [1:27:14] way that just general [1:27:16] highlighted areas. The building [1:27:17] is the main white block that [1:27:17] s [1:27:19] in the middle. Uh, the blue is [1:27:21] the enclosure area on the back [1:27:23] side. Um, highlighted in a [1:27:24] little bit of a darker green is [1:27:25] the three trees that were [1:27:27] conditioned as part of that to [1:27:28] be planted on the south side of [1:27:30] the site, uh, the parking lot [1:27:32] then is located that will be [1:27:33] expanded to meet the other [1:27:35] requirements for the size of [1:27:36] the kennel. Uh, so that gets [1:27:37] expanded a little bit more [1:27:39] towards the south side of the [1:27:41] site. Uh, we designated the [1:27:42] better stands of trees on the [1:27:43] side. Those are in the darker [1:27:46] green corners there for the [1:27:47] tree safe area that meets the [1:27:49] requirements of that as well. [1:27:50] With the expansion of the [1:27:52] parking lot, there will be a [1:27:53] street yard requirement. Then [1:27:55] of course along Chatham Road [1:27:56] that would be provided to meet [1:27:57] the requirements. From that [1:27:59] standpoint, we are showing a [1:28:00] dumpster at the end of that [1:28:01] parking lot. That meets the [1:28:02] requirements of being 50 foot [1:28:05] setback from any residential [1:28:06] zoning lot. And then also, [1:28:06] we [1:28:07] ve expanded a little bit of [1:28:08] the parking there on the north [1:28:09] side, but that [1:28:09] s up against the [1:28:11] gi zoning. And there will be a [1:28:13] street yard required there as [1:28:15] well. Um, on the overall site [1:28:17] plan, you can see the slope, [1:28:18] the dark, the dashed lines that [1:28:19] are in between the building and [1:28:20] the residence to the south. [1:28:22] That is the topography. Each [1:28:23] one of those that represents a [1:28:25] two foot step. From that [1:28:26] standpoint, if you can go to [1:28:28] the next slide. Oh, just real [1:28:30] quick. And the closure is [1:28:30] there [1:28:32] s one permitted, uh, per [1:28:32] the ordinance. And that [1:28:33] s the [1:28:33] one we [1:28:34] re providing. Uh, the [1:28:36] has to meet the required [1:28:37] building setback requirements, [1:28:39] which is 40ft from any [1:28:41] residential zoning. We are 40ft [1:28:42] away from that at the nearest [1:28:44] corner. Um, and then I already [1:28:46] mentioned the recommended [1:28:47] screening. That was a condition [1:28:49] for the three trees there on [1:28:50] the south side. Next slide [1:28:52] please. This one is just kind [1:28:53] of going against talk about the [1:28:54] significant elevation that was [1:28:56] mentioned in the staff report. [1:28:57] Uh, the approximate elevation [1:28:59] of the enclosure there you can [1:29:01] see is at 860. Uh, the parking [1:29:03] lot is around 856. Uh, this [1:29:06] residences to the south is 902. [1:29:10] Uh, so roughly 42ft above, uh, [1:29:12] roughly the enclosure and also [1:29:14] 900. The nearest one is there [1:29:16] to the east, and that is at an [1:29:18] 874. So it is 14ft. But that [1:29:18] s [1:29:19] also where we [1:29:19] re going to have [1:29:21] a remaining vegetation. And [1:29:22] that will be supplemented to [1:29:24] from a meeting the buffer [1:29:25] requirement. So that would be [1:29:26] addition of evergreen shrubs [1:29:28] and evergreen plantings to make [1:29:28] sure we meet the code [1:29:31] requirements in that location. [1:29:33] Next slide please. Uh, this is [1:29:34] again kind of similar to the [1:29:35] images that MR. Murphy had [1:29:37] shown earlier. This is where [1:29:38] the parking lot is. That will [1:29:41] be expanded there to the left. [1:29:42] And you can see kind of the [1:29:43] slope condition there. So [1:29:45] because of the slope condition [1:29:45] and where it [1:29:46] s tucked in, [1:29:46] that [1:29:48] ll be not very visible at [1:29:49] all from the neighbors in that [1:29:51] location. Next slide please. [1:29:52] Uh, then this is just kind of [1:29:53] come up along the side of the [1:29:54] building. You can see that the [1:29:55] topography there gets even [1:29:57] steeper. Um, it was covered in [1:30:00] kudzu at this point. But again, [1:30:00] that [1:30:00] s just kind of [1:30:02] representing the base of the 40 [1:30:03] foot grade change between the [1:30:05] residences to the south and [1:30:06] then where the enclosure is. [1:30:08] Next slide. Uh, this is looking [1:30:10] them directly south from the [1:30:11] enclosure. So basically at the [1:30:13] northwest corner of the [1:30:14] building, which will be the [1:30:15] furthest location of the [1:30:17] enclosure, uh, looking directly [1:30:20] south. Next slide. Uh, they [1:30:20] re [1:30:21] highlighting the screen in the [1:30:23] shadows is the closest [1:30:24] residential unit to this [1:30:26] enclosure, looking directly to [1:30:27] the to the south. Um, it [1:30:28] s kind [1:30:29] of covered there, but again, we [1:30:30] will plant the trees on that [1:30:32] southern side as they grow up. [1:30:33] Would be kind of more dense [1:30:34] when you [1:30:34] re looking down into [1:30:36] the site than that would start [1:30:37] to be covered there from that [1:30:40] location. Next slide. And then [1:30:42] this is directly, directly to [1:30:42] the west. So there [1:30:43] s again the [1:30:45] residents in the shadows, uh, [1:30:46] in the backside over there. And [1:30:47] those trees are going to remain [1:30:49] in that location. I [1:30:49] m sure [1:30:49] we [1:30:50] re going to clean up the [1:30:52] understory scrub there, but [1:30:53] then they [1:30:54] ll all be replanted [1:30:55] with make sure we meet the [1:30:56] ordinance requirements of the [1:30:58] full screen. Uh, use of the the [1:30:59] site with the evergreen [1:31:00] plantings and the evergreen [1:31:02] shrubs there to create a visual [1:31:04] break. In addition, of course, [1:31:06] the the enclosure will have a [1:31:07] five foot opaque fence all the [1:31:08] way around it. So anything [1:31:09] that [1:31:10] s within the enclosure [1:31:10] won [1:31:11] t be visible from that [1:31:15] standpoint. And that concludes [1:31:16] my presentation. [1:31:19] Thank you, MR. Dickie. Anyone [1:31:21] else? [1:31:30] Three minutes. [1:31:32] MR. Mayor, our next witness is [1:31:35] Kelsey Dolan, who is one of the [1:31:36] folks who has the property [1:31:38] under contract to purchase. [1:31:38] We [1:31:39] ve been referring to the [1:31:40] word kennel during this [1:31:43] application. The intended use [1:31:44] for this property is actually [1:31:46] for an animal rescue. There [1:31:46] s [1:31:47] not a separate category for [1:31:49] that in our Udo. However, the [1:31:50] closest one is kennel, which is [1:31:51] why that [1:31:52] s that [1:31:52] s why the [1:31:55] application is for a kennel [1:31:56] enclosure. Kelsey, could you [1:31:58] introduce yourself and explain [1:31:59] the intended use for this [1:32:00] property? [1:32:00] So I [1:32:01] m Kelsey Dolan I [1:32:01] m already [1:32:02] tearing up. It [1:32:02] s kind of [1:32:03] surreal. I [1:32:04] m super excited. I [1:32:04] don [1:32:04] t know how many people show [1:32:06] up excited about this. Um, but [1:32:08] it is for a rescue and it is [1:32:11] all from an animal, a dog that [1:32:13] we had named Stella, who was [1:32:15] super special. Um, she kind of [1:32:17] found me and she was great. [1:32:18] She, I will say, under oath. I [1:32:20] think she spoke English. And so [1:32:22] we named it for her. She was [1:32:23] great. And I think that the [1:32:26] biggest part of this is really [1:32:29] the location itself is making [1:32:31] that possible, making that [1:32:32] accessible for everyone. You [1:32:33] know, we very well could have [1:32:34] gone somewhere else and built a [1:32:36] space and built an enclosure [1:32:37] and an outdoor run, an outdoor [1:32:38] kennels and space for these [1:32:40] animals. But a big part of this [1:32:42] is really wanting to be part of [1:32:44] the community, part of what is [1:32:46] helping, you know, in the past [1:32:48] to have funded this, um, I love [1:32:49] ever talking. I [1:32:49] m looking. This [1:32:50] is like taking at me. So I [1:32:51] m [1:32:52] going to try not to ever speak. [1:32:54] Um, my great grandfather had a [1:32:55] big hand in developing Winston [1:32:56] and my grandfather after him. [1:32:58] And I want to repurpose what [1:33:01] they did. And as a big tribute [1:33:02] to take that and invest it back [1:33:04] into what made them successful. [1:33:06] And I think that people a lot [1:33:07] of times say, you know, well, [1:33:07] it [1:33:08] d be nice if somebody [1:33:10] invested in us, invested in [1:33:11] where we live and made it a [1:33:12] better place. And that [1:33:12] s really [1:33:14] what this is about. And outdoor [1:33:16] space is because people and [1:33:17] animals both need to be [1:33:19] outside. They need sunlight. It [1:33:20] would not be a very good rescue [1:33:22] and not be very responsible for [1:33:23] us if we just left animals [1:33:25] outside, or if we left them in [1:33:28] their own mess, and if they [1:33:29] made a mess, and if they sink [1:33:31] and if they barked. That said, [1:33:33] I completely understand anyone [1:33:34] that would have concerns around [1:33:36] that. Because if I thought [1:33:37] somebody was going to build [1:33:39] outdoor kennels, just letting [1:33:41] dogs, you know, hunting dogs, [1:33:42] anything like that, they [1:33:42] re [1:33:43] going to sit outside and bark [1:33:45] and make a mess and stink. That [1:33:46] that is not a rescue of which [1:33:47] people would want to come and [1:33:49] adopt animals from. Um, it [1:33:49] s [1:33:51] also not one where people who [1:33:53] might not have the chance to be [1:33:55] exposed to cats and dogs can [1:33:57] have that time. They can go in, [1:33:59] they can spend time with dogs [1:34:01] and cats and volunteer and kind [1:34:02] of just bring the community [1:34:04] together. I think you saw the [1:34:06] photos. What we intend to do, I [1:34:07] mean, even from the pictures, [1:34:09] is to clean that space up, to [1:34:10] take a space that [1:34:10] s not being [1:34:12] used to not waste the resources [1:34:14] to build a totally new one, but [1:34:16] to use what Winston already has [1:34:17] and to make it something nice [1:34:19] and to make it something that [1:34:20] people and animals alike can [1:34:22] benefit from. And in a time [1:34:22] where there [1:34:25] s a 43% increase in [1:34:27] economical surrenders at [1:34:28] shelters, this is something [1:34:30] that the city needs. Um. [1:34:31] Let me ask you a couple. [1:34:32] Yeah. Sorry. I [1:34:32] m gonna keep it [1:34:33] stolen. [1:34:34] Are you a current resident of [1:34:34] Winston-Salem? [1:34:35] Yes. [1:34:35] What [1:34:36] s your address? [1:34:38] 325 Mendota Drive. [1:34:40] And in 2025, you formed a [1:34:42] non-profit corporation for this [1:34:43] purpose? Yes. [1:34:44] Are you. Are you. [1:34:45] Do you currently have [1:34:47] experience in sheltering rescue [1:34:48] animals? [1:34:49] Yes. [1:34:51] Can you talk about the the [1:34:53] whether there is a public need [1:34:55] for more animal shelter space [1:34:57] in Winston-Salem, for example, [1:34:59] do you get calls from people [1:35:00] needing to find places for [1:35:01] their rescue animals? [1:35:02] Yes. [1:35:03] Um, we get hundreds of calls [1:35:05] and specifically emails. I will [1:35:07] say cats are infinitely worse [1:35:09] in the moment than dogs. I will [1:35:10] give you a timeline, but there [1:35:12] was a time when animal control [1:35:13] and humane side of in the same [1:35:13] building, and we [1:35:14] ve been very [1:35:15] limited on resources. [1:35:18] Since then. [1:35:20] Sorry. Um, and one just very [1:35:23] quick fact is that cat math is [1:35:24] if you have one male and one [1:35:26] female cat over the course of [1:35:28] one year, worst case scenario [1:35:30] can create 400. So when you [1:35:32] hear cat colonies and you hear [1:35:34] things like this, it is a much [1:35:35] bigger issue that [1:35:35] s going to [1:35:37] get much bigger over the years. [1:35:37] We [1:35:38] re not asking for resources. [1:35:40] We are trying to give resources [1:35:44] to the city. We are asking for [1:35:44] funding. We [1:35:45] re trying to fund [1:35:47] ourselves to help this out. [1:35:48] Councillor Ward five minutes. [1:35:50] Be. [1:35:52] Um. Rick Brandt is here. He [1:35:53] s [1:35:54] an appraiser with Loftus [1:35:56] Companies. He has seven slides [1:35:57] to explain his paired sales [1:35:59] analysis. On the question of [1:36:00] whether there is harm to the [1:36:02] adjoining properties. Uh, we [1:36:03] ll [1:36:04] try to do it in five minutes. [1:36:05] Okay. That [1:36:05] d be great. [1:36:06] Thanks. [1:36:15] Thank you. [1:36:15] Let [1:36:16] s see. Do we have. There [1:36:17] s [1:36:19] another set of slides for MR. [1:36:21] Brandt. [1:36:22] There we go. [1:36:24] Uh, could you introduce [1:36:25] yourself and explain your [1:36:26] qualifications? [1:36:27] Uh, my name is Rick Brandt. I [1:36:27] m [1:36:29] an appraiser here with Loftus [1:36:30] Appraisal Company in [1:36:31] Winston-Salem. Our office on [1:36:34] 6160 Campbell Forest Drive in [1:36:35] Winston-Salem. I [1:36:37] m an ma. I, [1:36:39] uh, Appraisal Institute member. [1:36:39] Uh, I [1:36:41] ve been appraising here [1:36:42] within the city for over 20 [1:36:43] years. [1:36:46] Thank you. If you [1:36:46] ll go to. [1:36:47] And with respect to the [1:36:49] question of whether there would [1:36:51] be substantial harm to the [1:36:52] value of adjoining or adjacent [1:36:54] properties, if an outdoor [1:36:56] kennel, an outdoor, an outdoor [1:36:59] enclosure, uh, if an if an [1:37:01] outdoor enclosure were approved [1:37:02] by the special use permit, did [1:37:04] you do any analysis? [1:37:05] I did, I did a paired sales [1:37:09] study of comparable, uh, homes [1:37:11] located in close proximity to [1:37:12] kennels. The first one was a [1:37:14] development called Dorchester, [1:37:17] uh, in Northern David County. [1:37:18] Uh, if you look up there on the [1:37:20] map, uh, you can see the [1:37:23] location of no goats, no glory. [1:37:26] Uh, kennel. And, uh, the dot is [1:37:27] more or less over there. [1:37:29] Outdoor enclosure. Uh, that [1:37:32] outdoor enclosure is located, [1:37:33] uh, very close to the subject [1:37:35] property. If you go to the next [1:37:37] slide, I can give you it [1:37:37] s [1:37:41] 160ft from the subject property [1:37:43] to the kennel, uh, to the [1:37:44] outdoor enclosure of that [1:37:46] kennel. Uh, the way you do a [1:37:48] paired sales study is you look [1:37:50] for other homes that are highly [1:37:52] similar, that are a further [1:37:54] distance away, that should not [1:37:56] be impacted in any way by the [1:37:58] presence of that outdoor [1:37:59] kennel. Uh, and in this case, I [1:38:02] found two homes on that same [1:38:04] street that were very similar. [1:38:07] The first one was 400ft away. [1:38:08] Uh, and the way you proceed [1:38:10] with the paired sales study is [1:38:12] just like when you purchase a [1:38:13] home, you make adjustments for [1:38:15] all the things that are [1:38:16] dissimilar between the two [1:38:18] homes to arrive at a adjusted [1:38:20] price per square foot, if that [1:38:22] adjusted price per square foot [1:38:25] were drastically, um, higher [1:38:28] than what the subject sold for, [1:38:29] that would tell you that [1:38:29] there [1:38:30] s some impairment with [1:38:32] the subject that we did not [1:38:33] consider. In this case, that [1:38:34] would be the presence of the [1:38:37] kennel. Uh, in this case, the [1:38:39] first comparable came in at [1:38:41] $126 per square foot. The [1:38:44] subject property sold for 151, [1:38:46] indicating that there was no [1:38:48] impairment present. Uh, if you [1:38:51] go to the next slide, uh, [1:38:52] that [1:38:53] s comparable to it was [1:38:56] located 800ft away. Um, and it [1:38:59] was a new home. Uh, if you look [1:39:00] at it, the adjusted price per [1:39:04] square foot was $119 per square [1:39:05] foot, as opposed to the [1:39:08] subject, which sold for 151. So [1:39:10] again, there is no indication [1:39:10] that there [1:39:11] s any detrimental [1:39:13] condition created by the [1:39:15] presence of the outdoor, uh, [1:39:17] dog enclosure. Uh, go to the [1:39:19] next slide. This is the second [1:39:21] study I conducted. This is in [1:39:23] Oak Valley Country Club in [1:39:26] advance. Uh, if you look at the [1:39:28] top there, hound housing, [1:39:30] doggie daycare, uh, has an [1:39:31] enclosure that [1:39:31] s directly [1:39:34] adjacent to, uh, homes in Oak [1:39:36] Valley Country Club. Uh, the [1:39:38] subject property, uh, is [1:39:40] located on the other side of [1:39:42] the fence from the doggie [1:39:43] daycare. If you [1:39:44] ll flip to the [1:39:47] next slide. Um, there you can [1:39:47] see that it [1:39:49] s 650ft from the [1:39:50] house to the area of the [1:39:53] enclosure. Uh, there I looked [1:39:56] at two homes also. Um, after [1:39:58] adjustments, the first one came [1:40:01] in at $163.16 as opposed to the [1:40:04] subject at 164 30. So that [1:40:06] indicates that it was, um, you [1:40:08] know, very similar indicated [1:40:09] price to what it actually sold [1:40:10] for. And there was no [1:40:12] detrimental condition there. [1:40:14] Uh, if you go to comparable [1:40:17] number two, uh, again, um, that [1:40:20] one was 2000ft away. Uh, on [1:40:21] that one, the only thing I [1:40:23] would note there is that part [1:40:24] of the reason the adjusted [1:40:26] sales price is so low is that [1:40:27] when backed up to the 15th [1:40:29] fairway, and we use paired [1:40:31] sales to make adjustments for [1:40:32] things that have golf views, [1:40:34] and that required a much larger [1:40:35] adjustment than the other one. [1:40:37] So, uh, you notice the gross [1:40:38] adjustments are fairly large [1:40:40] there. But again, it, uh, [1:40:41] indicated no detrimental [1:40:42] condition at all for the [1:40:47] subject. [1:40:49] And so after doing that [1:40:51] analysis and you [1:40:51] re familiar [1:40:52] with the subject site that we [1:40:54] have, the application on [1:40:56] tonight and understanding how [1:40:58] that site is situated based on [1:40:59] your analysis of other. [1:41:01] Sales community. [1:41:03] What is your conclusion about [1:41:05] whether the proposed outdoor [1:41:07] enclosure would substantially [1:41:09] harm values of adjoining [1:41:09] property? [1:41:10] I can [1:41:11] t find any evidence that [1:41:14] it would. [1:41:16] Sir. [1:41:18] Um, MR. Mayor, those are all of [1:41:20] our witnesses. If it would help [1:41:23] the council, uh, at the end of [1:41:25] the opposition I have, I could [1:41:27] present a very brief summation [1:41:28] addressing the evidence on each [1:41:31] of these factors. Go ahead. You [1:41:32] would like me to proceed now. [1:41:37] Thank you. On the factor of [1:41:38] whether the outdoor enclosure [1:41:39] would not materially endanger [1:41:41] the public health or safety if [1:41:43] located, were proposed and [1:41:44] developed. According to the [1:41:46] application and the plan. And [1:41:48] if the plan is submitted and [1:41:50] and approved, I would point out [1:41:51] that it is already zoned [1:41:53] General Industrial, which the [1:41:54] staff report points out is the [1:41:55] most intense industrial [1:41:57] district allowed in the zoning [1:41:59] ordinance. There are many, much [1:42:01] more disruptive uses that this [1:42:02] property could be put to [1:42:04] without any additional permits [1:42:07] from the City council. Uh, as [1:42:08] you heard from MR. Murphy, the [1:42:09] use of the outdoor enclosure is [1:42:11] limited by your ordinance. The [1:42:11] city [1:42:13] s ordinance. Um, there [1:42:13] s [1:42:15] no evidence that [1:42:15] s been [1:42:16] submitted so far that the use [1:42:18] of the enclosure would produce [1:42:20] noise of any particular level. [1:42:22] The ordinance addresses this [1:42:23] and limits the hours of [1:42:25] operation from 8 A.M. To 6 [1:42:27] P.M.. And the animals cannot be [1:42:28] out in the outdoor enclosure [1:42:31] unattended. Uh, also, with [1:42:33] respect to public health and [1:42:35] safety, the udl requires that [1:42:36] the waste be addressed on a [1:42:38] daily basis and the outdoor [1:42:39] enclosure would not actually [1:42:40] increase the amount of waste [1:42:42] being generated here, because [1:42:43] no animals can be housed out [1:42:49] there. The, uh, there is a [1:42:50] significant elevation [1:42:50] difference between the [1:42:52] adjoining properties, creating [1:42:55] a natural barrier. The [1:42:56] applicant applicant has agreed [1:42:58] to plant additional trees [1:42:59] between where the outdoor [1:43:01] enclosure area is and the [1:43:02] adjacent residential [1:43:04] properties, which will also [1:43:07] promote health and safety and [1:43:12] harmony. As shown on the site, [1:43:15] plan, uh, this the outdoor [1:43:16] enclosure will not add [1:43:19] impervious surface. Um. The [1:43:20] staff report notes that is not [1:43:22] expected to generate traffic [1:43:26] problems. And MISS Dolan, uh, [1:43:27] testified about the community [1:43:29] need for this. You just heard [1:43:30] from Rick Brandt on the [1:43:32] question of substantial injury [1:43:34] to the adjoining properties. [1:43:36] And then as for the location [1:43:38] and whether the location and [1:43:39] character of the use, if [1:43:41] developed according to the [1:43:42] application and plan submitted, [1:43:43] would be in harmony with the [1:43:45] area and in conformity with the [1:43:49] comprehensive plan. Uh, by law, [1:43:49] there [1:43:50] s a presumption that if [1:43:52] this is available in the Udo [1:43:54] with a special use permit, it [1:43:57] is in harmony with the area. [1:43:58] Also, this is a general [1:43:59] industrial area. There is [1:44:01] adjoining, general industrial [1:44:03] use currently to the north and [1:44:05] then across Chatham to the [1:44:07] east. It [1:44:08] s a two acre site. [1:44:09] We [1:44:09] re not trying to squeeze [1:44:11] this in on a on a small home [1:44:15] site. There is a natural [1:44:17] separation which is noted on [1:44:19] the site plan and in the staff [1:44:19] report that [1:44:20] s created by the [1:44:22] significant difference in [1:44:23] elevation and the existing [1:44:27] vegetation buffer. Uh, it will [1:44:29] not be visible from the street. [1:44:31] The two additional conditions [1:44:34] that have been requested and [1:44:36] agreed to for this permit are [1:44:38] limitation on the size of the [1:44:39] sign, and also the three [1:44:41] additional trees. I think those [1:44:43] both would promote harmony of [1:44:45] this additional enclosure with [1:44:49] the surrounding area. Uh, and [1:44:51] then with respect to forward [1:44:53] 2045, the staff report notes [1:44:56] that conformity can be found. [1:44:57] Uh, I would note that the site [1:44:59] plan shows the addition of [1:45:01] sidewalks on this site, which [1:45:03] would enhance pedestrian [1:45:04] access, at least on this [1:45:06] particular lot, which is one [1:45:09] factor, a goal of the [1:45:11] comprehensive plan it would be [1:45:12] putting to use a vacant [1:45:13] property that [1:45:13] s been long [1:45:15] vacant, uh, which also would [1:45:16] promote a goal of the [1:45:19] comprehensive plan. And I would [1:45:20] argue that it will improve the [1:45:21] aesthetic appearance of this [1:45:23] site. And the comprehensive [1:45:25] plan also has, as a goal, [1:45:28] cleaner and more attractive [1:45:29] neighborhoods. And so I would [1:45:31] urge the council to find that [1:45:32] the four factors have been [1:45:33] proven. Thank you. [1:45:36] Thank you very much. All right. [1:45:37] Excuse me. We will now hear [1:45:38] from the opposition. If you [1:45:40] would come forward and state [1:45:41] your name and address. For the [1:45:43] record, we have a number of [1:45:45] individuals signed up for. [1:45:45] Sure. [1:45:46] If I MAY, before. [1:45:52] I run out of oxygen. Um, Tony [1:45:55] Gaines, I live at, uh, 151 West [1:45:56] End Boulevard. Uh, prior to [1:46:00] that, I lived at 173 and 175 [1:46:02] West End or, excuse me, 175 and [1:46:05] 177 West End Boulevard. All of [1:46:07] those properties are right [1:46:10] above. I am the houses, right [1:46:14] above their proposed spot. [1:46:18] Noise travels, folks. Uh, there [1:46:21] is a huge embankment, and I bet [1:46:21] y [1:46:24] all will improve the [1:46:26] neighborhood tremendously. But [1:46:29] noise travels. If there [1:46:29] s dogs [1:46:32] there, dogs are going to bark. [1:46:33] Rescues bark. I [1:46:34] ve got a [1:46:35] 90 [1:46:38] pitbull I rescued last year. [1:46:40] Prior to that, I had a [1:46:40] 80 [1:46:43] German Shepherd I rescued or [1:46:45] they rescued me. But sound [1:46:47] travels and regardless of how [1:46:49] many employees you have [1:46:51] handling these dogs, it [1:46:51] s going [1:46:54] to be noisy. So yeah, there [1:46:58] will be noise. You can only [1:46:59] control. You [1:46:59] ve been around [1:47:01] dogs, you understand? So that [1:47:02] s [1:47:05] my concern. Yeah, I was really, [1:47:07] really opposed to the idea of [1:47:09] dogs being there and making all [1:47:11] the noise they could make. But [1:47:13] yeah, I realize that it could [1:47:16] be a whole lot worse. Uh, Heinz [1:47:18] dying fishing, for instance, [1:47:20] has ruined my $80,000 beautiful [1:47:23] pickup truck with acid rain. [1:47:23] But that [1:47:25] s part of doing a [1:47:27] business in Winston-Salem. Uh, [1:47:31] so my challenge is that if [1:47:31] there [1:47:32] s anything else that [1:47:35] could be done to buffer the [1:47:38] noise because the hill is not [1:47:39] going to stop the noise. I [1:47:39] don [1:47:42] t know if a noise reducing [1:47:45] wall would help, but that [1:47:45] s my [1:47:46] concern. I [1:47:48] ve got two duplexes [1:47:49] right up on that hill that I [1:47:52] ran out. I would hate for my [1:47:55] tenants to say, we can [1:47:55] t live [1:47:58] here because of the dog noise. [1:47:58] So that [1:48:00] s my concern. And I was [1:48:02] able to pay my property taxes [1:48:04] the other day because of my [1:48:05] tenants. I don [1:48:06] t want that to [1:48:08] change. So that [1:48:09] s about all I [1:48:09] have to say. [1:48:10] Thank you. Thank you, MISS [1:48:19] Gaines. All right, next. [1:48:20] Hello again. [1:48:22] I feel like we were just here. [1:48:23] Um, yeah. My name is Chris [1:48:25] Krajewski. I live at 811 North [1:48:26] Spring Street. Um, I [1:48:27] m the [1:48:28] building. I [1:48:29] m the residence [1:48:31] directly behind. Um, the the [1:48:34] Chatham building. Um, the [1:48:36] pictures that were shown that [1:48:36] I [1:48:37] m going off script here, the [1:48:37] pictures that were shown [1:48:40] earlier, full summer, all the [1:48:42] greens there, uh, during the, [1:48:44] uh, during the winter season, [1:48:45] all that green is gone. We have [1:48:47] a direct shot. You know, our [1:48:48] our yard is the one that backs [1:48:52] right up to, um, that lot. Um, [1:48:54] and I understand MR. Mosley has [1:48:55] been trying to unload this [1:48:56] property for a long time, and [1:48:57] I. And I do feel for him, and [1:48:58] it does sound like the [1:49:00] proponents made a great case. [1:49:01] And I think if it does go [1:49:01] through, I think they [1:49:01] re going [1:49:04] to do the right thing. That [1:49:06] being said, sound travels as [1:49:08] much as I want to. As much as I [1:49:10] want to support this. Um, this [1:49:11] is the second time that I [1:49:11] ve [1:49:14] been here. Um, pushing back [1:49:16] against a dog kennel in 2010, [1:49:19] Carolina Pet Place wanted the [1:49:20] same exact thing, but. But in [1:49:22] the building next door, um, an [1:49:23] indoor kennel with an outdoor [1:49:25] dog space. During the day. At [1:49:26] the time, my daughter and I [1:49:28] went to the Clemens location, [1:49:30] parked about as far away from [1:49:31] the building is where we [1:49:32] thought our house was was, and [1:49:34] we could hear dogs inside very [1:49:38] clearly from that distance. Um, [1:49:39] we as a neighborhood voiced our [1:49:41] opposition, uh, right here in [1:49:44] this room. And, um, the council [1:49:45] sided with us, and and the [1:49:46] planning board denied their [1:49:49] proposal. Um, the argument [1:49:51] against this kennel is the same [1:49:53] as it was against that kennel. [1:49:55] Uh, the proposed site is [1:49:57] surrounded by homes, many like [1:49:59] ours, in the historic West End. [1:50:00] And part of the ambiance of [1:50:02] that neighborhood is the [1:50:04] peacefulness we have in living [1:50:05] in the shadow of a bustling [1:50:07] downtown, but not in it. And a [1:50:09] dog kennel is simply not a good [1:50:10] fit. Even in an area zoned for [1:50:12] commercial use. We [1:50:13] re fine with [1:50:15] the white noise. Hum. I don [1:50:15] t [1:50:16] get the acid rain, but we do [1:50:18] get the white noise hum of the [1:50:19] machinery from a Heinz dine [1:50:21] finishing plant. Um, and that [1:50:22] s [1:50:23] fine because it is sort of [1:50:25] white noise, but dogs barking [1:50:28] is not that. Um, I just feel [1:50:28] like it [1:50:29] s going to create [1:50:30] tremendous noise pollution. Not [1:50:32] to I, not to mention the smell. [1:50:33] I think you made a good case [1:50:34] that that [1:50:35] s not going to be the [1:50:36] worst part, but it [1:50:37] s just as [1:50:39] far as being conducive to [1:50:40] living, to residential living [1:50:42] in this, you know, peaceful [1:50:44] enclave that is the West End. [1:50:45] Um, and it [1:50:46] s hard to say. You [1:50:48] know, I do take a little bit of [1:50:52] umbrage on the the fact that it [1:50:52] didn [1:50:54] t show property values [1:50:55] dropping in those certain [1:50:57] cases, but it [1:50:58] s hard to put a [1:51:00] price on quality of life, and [1:51:01] it [1:51:02] s hard to put the burden on [1:51:04] us to prove after the fact that [1:51:06] it did. In fact, drop our house [1:51:08] prices, prices, because it [1:51:09] feels like that kennel is much [1:51:12] closer than the ones in the um, [1:51:17] in the examples. Um, so why is. [1:51:17] It. [1:51:18] Is, you know, here we go again. [1:51:20] I, we were just here we, you [1:51:22] know, you guys opposed a [1:51:23] nightclub that was proposed at [1:51:25] the same place due to the noise [1:51:27] it would create the noise that [1:51:29] goes straight at us, rises up [1:51:30] the hill. So whether it [1:51:30] s cars, [1:51:32] people, music or dogs barking, [1:51:33] and it just feels like there [1:51:35] are other industrial sites in [1:51:36] Winston that don [1:51:37] t back up to, [1:51:39] uh, residential neighborhoods [1:51:41] with families, some with babies [1:51:42] and young children. Um, some of [1:51:43] the young families up on West [1:51:46] End Boulevard and many of whom, [1:51:48] like us that have dogs, will no [1:51:50] doubt join in the barking. If [1:51:50] there [1:51:51] s barking out, hear my [1:51:53] dogs barking inside or barking [1:51:55] out in the backyard. Um, it [1:51:56] just feels like it will be [1:51:58] relentless at some point. And [1:51:59] we spent a lot of time in our [1:52:01] backyard year round. It just [1:52:01] feels like it would be [1:52:03] detrimental to our home life. [1:52:05] So I respectfully ask that you [1:52:06] please protect the integrity of [1:52:09] this historic neighborhood. Um, [1:52:11] as it was in Winston-Salem, [1:52:13] Council has done in prior cases [1:52:15] and deny this proposal. Thank [1:52:15] you. [1:52:26] Cynthia Kelly. [1:52:29] My name is Cynthia Kelly. I own [1:52:31] three residential properties in [1:52:32] the immediate area of the [1:52:34] proposed commercial dog kennel, [1:52:37] two of them directly adjoin the [1:52:39] proposed kennel kennel property [1:52:41] along the rear property lines, [1:52:43] and the third is approximately [1:52:46] 300 yards down the hill. Uh, of [1:52:46] course, it [1:52:47] s the historic [1:52:49] neighborhood of West End. I [1:52:50] m [1:52:51] not opposed to progress or [1:52:53] development. I welcome thought [1:52:54] development, thoughtful [1:52:56] development. I [1:52:57] m undoubtedly a [1:52:58] bigger supporter of small [1:53:01] businesses and also animals. [1:53:02] She gave a great animal [1:53:03] testimony. I [1:53:04] m simply asking [1:53:05] that the development occur in a [1:53:07] way that is responsible and [1:53:10] sustainable for all parties. My [1:53:14] noise concern is that we don [1:53:14] t [1:53:15] know what the noise is going to [1:53:15] be, which they [1:53:17] ve mentioned. [1:53:19] Um, that that picture showed a [1:53:22] lot of kudzu on that hill. [1:53:24] Faith Kaufman, who sent you all [1:53:29] a letter, sold me to, um, empty [1:53:31] lots. And when you look at that [1:53:33] kudzu, the reason why there [1:53:33] s [1:53:34] so much kudzu is because some [1:53:34] of that we [1:53:35] re about to clear, [1:53:35] we [1:53:37] ve had it surveyed. We [1:53:37] ve [1:53:38] got an engineer coming in. I [1:53:39] m [1:53:41] building, uh, two residential [1:53:43] homes on those properties [1:53:45] because we need housing. And [1:53:47] part of that engineering [1:53:49] includes changing the elevation [1:53:51] on that. So some of their [1:53:53] argument about elevation will [1:53:56] be irrelevant over the next [1:53:58] series of months as we start [1:54:00] developing those properties. [1:54:02] And so those properties too, [1:54:04] will be looking directly at [1:54:06] that, at that building. Uh, one [1:54:08] of the buildings will be in the [1:54:09] two of them will be in the [1:54:11] historic overlay. One will be [1:54:13] on 819 with West seventh [1:54:14] Street, which will be a [1:54:16] triplex. And as you know, the [1:54:18] plans for historic overlay are [1:54:20] extreme. We want to make sure [1:54:22] in our peers want to make sure [1:54:23] that it aligns with the [1:54:25] community and the regulations [1:54:27] that have already been said. [1:54:31] And so if the barking, the odor [1:54:33] waste, and I know you all [1:54:34] mentioned runoff wasn [1:54:34] t going [1:54:36] to be a problem, we [1:54:37] ve all [1:54:38] walked outside of an apartment [1:54:39] complex or been in a park where [1:54:40] you could, gosh, I smell dog. [1:54:41] And that [1:54:42] s not even a kennel. [1:54:42] That [1:54:43] s just where people are [1:54:45] walking their dogs and they so [1:54:47] happen to relieve themselves. [1:54:48] So there will definitely be [1:54:50] those things. Other North [1:54:51] Carolina communities recognize [1:54:54] this concern. Wake County [1:54:56] specifically identifies noise, [1:55:00] odor, insects and traffic as [1:55:01] potential impacts associated [1:55:04] with kennels, and they require [1:55:05] a setback to be of at least [1:55:09] 100ft, not the 50ft that you [1:55:12] all have been describing. [1:55:15] Excuse me. Um, I noticed the [1:55:18] housing prices on this sheet. [1:55:18] We [1:55:20] re not 650ft from the [1:55:21] kennel. We [1:55:22] re one foot from [1:55:24] their property line. So I don [1:55:24] t [1:55:24] know that that [1:55:25] s relevant [1:55:26] either. If he doesn [1:55:27] t have an [1:55:29] example of a property. That [1:55:29] s [1:55:32] right adjacent, and I have to [1:55:33] right adjacent to that [1:55:37] particular property line. So I [1:55:38] don [1:55:39] t believe homeowners should [1:55:40] effectively become the [1:55:43] monitoring. Excuse me. And the [1:55:44] enforcement system for [1:55:46] commercial operation. The [1:55:47] better approach is to determine [1:55:50] compatibility before the use is [1:55:52] established. There should be [1:55:55] clear, objective, site specific [1:55:57] evidence regarding this noise, [1:55:59] including relevant distance, [1:56:03] including relevant elevation [1:56:05] and also naming. Not only that, [1:56:09] the dogs will be attended. All [1:56:10] dogs that are attended still [1:56:11] bark, so the unattended dog [1:56:20] park to me is also irrelevant. [1:56:21] But that being said, I [1:56:24] respectfully ask that you deny [1:56:26] or at minimum defer approval [1:56:28] until these site specific [1:56:30] issues are independently [1:56:31] evaluated and made part of the [1:56:33] record. [1:56:58] Thank you, Frank fry. MR. [1:56:58] Mayor. [1:57:00] Mayor Pro Tem and council [1:57:03] members. My name is Frank fry. [1:57:07] I live at 850 Chatham Road and, [1:57:10] uh. Initially I [1:57:11] d like to say [1:57:14] to MR. Sanders and his son, Ben [1:57:15] that I [1:57:16] m not always against [1:57:19] you, you know, but seems like [1:57:27] was here last AUGUST and my [1:57:28] concerns have already been [1:57:33] stated. But Chris, the first [1:57:36] speaker or second, actually, it [1:57:40] turned out. But I just want to [1:57:43] give a little background on the [1:57:45] the West End, the the Crystal [1:57:48] tower is part of it, which had [1:57:50] a resurgence back in around [1:57:54] 1973. It was pretty much on the [1:57:57] on the ropes. There were three [1:57:58] major houses that were brought [1:58:03] in from one from where? Uh, 500 [1:58:04] West fifth Street is now, the [1:58:09] old in a gone another from [1:58:13] where wsj s used to be on fifth [1:58:18] Street as well. And the third [1:58:20] was actually beside on the [1:58:23] underground lot as well. But [1:58:27] tremendous amount of city [1:58:28] involvement in that [1:58:31] neighborhood. And to bring it [1:58:34] around. And it [1:58:35] s got many [1:58:40] challenges. Uh, noise being the [1:58:45] primary one and this, this all [1:58:46] the houses up on Western [1:58:50] Boulevard in a different manner [1:58:53] than the houses that have been [1:58:55] talked about, that are close to [1:58:57] other kennels. These houses has [1:59:02] been stated before, 40ft high, [1:59:07] overlooking the dog park. So or [1:59:11] dog kennel run, whatever it is, [1:59:12] opportunity to bark is what it [1:59:17] is. So these these neighbors [1:59:19] are looking down on it, which [1:59:24] makes it much different than. [1:59:27] The examples the appraiser used. [1:59:33] Uh, the attorney asked that the [1:59:36] planning staff report be [1:59:37] entered in as evidence that [1:59:39] this is not a not a harmful [1:59:41] thing. Uh, it [1:59:42] s looking through [1:59:44] the, the report and there are [1:59:46] several things that I, you [1:59:56] know, just being picky. Um. Uh, [1:59:56] let [2:00:01] s see. The large trees that [2:00:09] are going to be planted. For [2:00:23] this, um. What I [2:00:24] d like to say [2:00:27] about Chatham Road, I own the [2:00:31] building that we were in. Now, [2:00:34] since 2001. And in that time [2:00:41] period. Especially in 2001, [2:00:43] next door to our property was [2:00:45] the old Chatham manufacturing [2:00:47] mill. It [2:00:49] s now apartments which [2:00:52] are, you know, really nice. So [2:00:54] that that changed from an [2:00:57] underutilized building that the [2:01:00] the roof was collapsing and it [2:01:04] was pretty much it was sort of [2:01:05] nip and tuck whether it would [2:01:07] just survive or not. And now [2:01:07] it [2:01:09] s contributing member to the [2:01:13] neighborhood and to the city on [2:01:16] the. No. On the noise issue, I [2:01:20] looked up dog barks compared to [2:01:23] a Harley Davidson. And they [2:01:23] re [2:01:26] about equal for a standard [2:01:29] Harley Davidson at idle and a [2:01:32] Harley Davidson accelerating or [2:01:36] going at road speed. So you can [2:01:40] imagine. That that [2:01:42] s a noise [2:01:44] that people could really not be [2:01:51] happy with. There are 224 cars, [2:01:52] I believe. Was the estimate the [2:01:56] planning staff thought for this [2:02:00] increase. Um, over the past two [2:02:01] and a half years, I [2:02:02] ve walked [2:02:06] that strip of Chatham past by [2:02:09] this building a thousand times [2:02:10] in one direction, a thousand [2:02:14] times in another. At eight in [2:02:14] the morning. It [2:02:16] s beautifully [2:02:21] quiet. Sundays, Saturdays it [2:02:22] s [2:02:24] quiet. It won [2:02:27] t be quiet in the [2:02:30] future if this goes through and [2:02:31] they [2:02:32] re residential, there are [2:02:35] a couple of watts on Chatham. [2:02:37] There was a duplex that was [2:02:38] torn down, and it [2:02:39] s now part of [2:02:41] the Parks Family Trust. They [2:02:44] plan to put another residential [2:02:45] building on that. There [2:02:46] s [2:02:48] another house just up the [2:02:48] street from that. That [2:02:49] s I [2:02:52] think comes up in SEPTEMBER to [2:02:54] be torn down and a new [2:02:58] structure put up. So there is a [2:03:00] a trend in that area towards [2:03:03] residential, not towards [2:03:07] industrial. And sad to say, I [2:03:07] didn [2:03:09] t get involved in the [2:03:11] comprehensive plan. The last [2:03:15] one, 2011, I think, he said. [2:03:19] But the industrial use that is [2:03:23] there currently should have had [2:03:26] a good look. You know, it [2:03:28] s a. [2:03:32] The highest form. Lots, lots of [2:03:35] negative things can go in site [2:03:37] would prohibit a lot of that. [2:03:43] But. I think the comprehensive [2:03:47] plan was a little off in that [2:03:48] same area that I walk with my [2:03:51] dog, which is uh, goes up [2:03:55] through Jackson Park, which I [2:03:56] Think there [2:03:57] s a plan to get rid [2:04:00] of the park and make little [2:04:02] boutiques or something there. I [2:04:02] don [2:04:05] t know, but there are about [2:04:10] 40 acres of developable land in [2:04:12] that area, which is a lot of [2:04:14] land, a lot of opportunity for [2:04:18] housing or mixed use or [2:04:20] something. That land has been [2:04:24] intentionally held for. Ever [2:04:26] since Marshall Street was [2:04:31] expanded. So I feel like I feel [2:04:33] like that area is on the verge [2:04:35] of being something better than [2:04:38] it is now. And I think this [2:04:40] would be a setback. And I thank [2:04:42] you for your time. [2:04:43] Thank you, MR. Friar. All [2:04:44] right. We [2:04:45] ll now go back to the [2:04:46] proponents. You have three [2:04:48] minutes or so for any rebuttal [2:04:48] you [2:04:55] d like to present. [2:04:57] Well, just with respect to the [2:04:59] note in the staff report about [2:05:01] traffic that was looking at a [2:05:03] change from a church used to a [2:05:06] kennel, use the actual analysis [2:05:08] that would be relevant would be [2:05:10] the traffic difference between [2:05:12] an indoor kennel use and one [2:05:14] with an outdoor enclosure. [2:05:16] Because this is already zoned [2:05:19] as general industrial. Um, Rick [2:05:22] Brandt did present to parent [2:05:24] sales showing properties [2:05:27] adjacent to kennels that have [2:05:29] outdoor enclosures so that that [2:05:31] is directly relevant. And I [2:05:33] would ask for his slides and [2:05:34] also Luke Dickie slides to be [2:05:37] included in the evidence for [2:05:40] this case. The question before [2:05:41] the council is a little [2:05:44] different than with a rezoning. [2:05:46] Special use permit has to be [2:05:50] based on competent material [2:05:53] evidence, including expert [2:05:54] evidence on the question of [2:05:55] value and also question of [2:05:57] traffic for that matter. Um, to [2:05:59] prove the factors. And then the [2:06:00] question for y [2:06:02] all is whether [2:06:03] that evidence has been [2:06:06] presented. Um, this is not and [2:06:06] I [2:06:06] m I [2:06:07] m telling you things [2:06:08] you [2:06:10] ve already known and [2:06:11] studied. It [2:06:12] s a quasi judicial [2:06:12] hearing. It [2:06:14] s not a question of [2:06:15] legislative discretion tonight. [2:06:16] It [2:06:17] s a question of judging the [2:06:19] evidence before you on the [2:06:21] factors in the ordinance that [2:06:23] the city has already enacted. [2:06:23] We [2:06:24] ve presented competent [2:06:27] evidence on each one of those. [2:06:29] Um, and I think this will be a [2:06:30] way of improving the [2:06:32] neighborhood and performing a [2:06:34] service for the community. And [2:06:36] I would urge you to please, uh, [2:06:38] approve the permit. Thank you. [2:06:41] Thank you. Sir. The. Yes, sir. [2:06:41] If you [2:06:43] d like to add to that. [2:06:45] Yes, sir. 11 seconds. MAY I use [2:06:47] it? Absolutely. My name is [2:06:49] Sanders Mosley. I have. [2:06:52] Owned the building since 1994. [2:06:55] Uh, we had a distribution [2:06:57] company for medical uniforms [2:07:00] that went out of business. We [2:07:03] have since rented to a number [2:07:06] of places of business. Excuse [2:07:07] me. I [2:07:08] m looking at the clock [2:07:11] closely. The way it is [2:07:15] currently zoned. I have had two [2:07:19] unsolicited inquiries since I [2:07:20] m [2:07:23] into this contract for trucking [2:07:25] distribution companies, and [2:07:29] they can truck into and out of [2:07:32] there 24 hours a day with no [2:07:34] additional zoning. And those [2:07:37] tractor trailers wanted to park [2:07:41] in the back lot. And there is [2:07:43] nothing in the zoning, is my [2:07:45] understanding, that would [2:07:48] prohibit them from doing that. [2:07:50] So in my opinion, this is a [2:07:53] good neighbor use of my [2:07:54] property. [2:07:56] Thank you. Thank you, MISTER [2:08:00] Mosley. All right. Thank you. [2:08:01] Would the opposition. I [2:08:02] d like [2:08:03] to have three minutes of [2:08:07] rebuttal. [2:08:09] One second. [2:08:10] Yes. If you give your name and [2:08:13] address for the record, please. [2:08:14] Hi. [2:08:17] My name is Sophia Nazareth. I [2:08:19] live at 816 West eighth Street, [2:08:22] which is in 500ft of the back [2:08:23] lot, where they [2:08:23] re going to [2:08:27] have their outdoor kennel. Um, [2:08:28] I have a dog. I [2:08:29] m not anti [2:08:32] animal or anti rescue at all. [2:08:35] Um, but I am a little bit [2:08:37] concerned about this changing [2:08:39] the amount of noise in the [2:08:41] neighborhood. And I don [2:08:41] t think [2:08:43] that was addressed like [2:08:46] adequately to me. Um, we all [2:08:49] know that amplifiers glide up, [2:08:53] noise travels up. Um, one dog [2:08:55] barks in our neighborhood. All [2:08:56] the dogs start barking in our [2:08:59] neighborhood. We have on eighth [2:09:00] Street, where I am two [2:09:03] industrial companies. They both [2:09:05] are pretty quiet. So it [2:09:05] s not [2:09:07] that we do not live with [2:09:09] industry. We do. And it gets [2:09:12] along fine with us. Um, I think [2:09:14] this is different. So I would [2:09:16] just recommend that without [2:09:18] really understanding how the [2:09:23] sound will travel, that it we [2:09:24] don [2:09:24] t want to have to be [2:09:30] calling for animal noises every [2:09:32] day because dogs are barking. [2:09:33] And I do fear that that would [2:09:35] be what happens. We have all [2:09:36] these dogs barking. It [2:09:37] s 15 [2:09:39] minutes. After 15 minutes. You [2:09:42] can call for a violation of [2:09:46] noise. I think that that is [2:09:47] possibly what would happen [2:09:49] here. All right. Thank you. [2:09:51] Thank you. Anyone else? Yes, [2:09:51] ma [2:09:58] am. [2:10:00] Understanding that this is what [2:10:02] you are calling a quasi [2:10:04] judicial process and rebuttal [2:10:06] to the argument. I [2:10:06] d like to [2:10:07] name three things that were [2:10:10] irrelevant to this argument. [2:10:11] One was the elevation. Because [2:10:13] the elevation will change [2:10:14] within the next 12 months. Once [2:10:17] I get my engineering. Um, [2:10:20] redrawn to, that means that the [2:10:21] noise that he [2:10:21] s talking about [2:10:24] is going to change. And then [2:10:28] the third thing is going to be [2:10:30] the the runoff of the water [2:10:32] will then also impact the [2:10:34] neighboring, uh, apartments and [2:10:36] also houses that are going to [2:10:44] be built in the area. [2:10:45] Thank you. Anyone else for the [2:10:48] opposition? All right. Seeing [2:10:49] no one, I [2:10:50] ll declare the public [2:10:52] hearing closed and would [2:10:58] recognize Councilmember Hall. [2:11:02] Thank you. Mayor Jones. Uh, [2:11:03] thank you for everybody [2:11:04] tonight. Thank you to my [2:11:06] colleagues pressing through, [2:11:11] um, with this hearing. Um, we [2:11:12] heard a lot of concerns [2:11:14] tonight. Um, from the [2:11:16] proponents and the opponents of [2:11:20] this, uh, special use permit. [2:11:23] And I would just like to state [2:11:27] that I would hope that, um, if [2:11:30] this is approved tonight, that [2:11:32] the proponents would as best as [2:11:35] possible, um, remember all of [2:11:37] the concerns that were lifted [2:11:41] tonight, particularly from the [2:11:44] opponents, as best they can and [2:11:46] consider these concerns moving [2:11:48] forward with any possible [2:11:53] development on the site. Um, [2:11:54] and just for clarity, since [2:11:59] this is a, um, quasi quasi [2:12:02] judicial act. Um, I am [2:12:06] confirming, uh, the four [2:12:10] findings of fact for granting a [2:12:14] special use permit. Um, and [2:12:17] Mayor Jones, if, um, if I am [2:12:18] incorrect, I would like for [2:12:21] Director Murphy to say no, [2:12:21] you [2:12:22] re not right. If that is [2:12:26] the case. Um, for findings of [2:12:30] fact, um, that staff in [2:12:32] particular, um, also went [2:12:34] through. And their report is, [2:12:37] um, public health and safety [2:12:39] that, um, the use will not [2:12:42] materially endanger the public [2:12:45] health or safety if located [2:12:46] where the proposed and [2:12:51] developed, um, and developed um [2:12:54] application plan as submitted [2:12:55] and approved. I think we do [2:12:57] have a slide for that. Um, but [2:12:58] I want to make sure that that [2:13:02] is the case. And then also the [2:13:04] other finding of fact, um, that [2:13:06] we were to be listening for [2:13:09] tonight was that this use meets [2:13:11] all required conditions and [2:13:12] specifications, and that would [2:13:14] be in alignment to just [2:13:15] essentially ordinance [2:13:19] compliance. And then the other [2:13:21] thing, um, the for the other [2:13:24] finding effect, um, would be [2:13:26] that this use as presented will [2:13:29] not substantially, um, endure [2:13:31] the value of adjoining or [2:13:33] abutting property value. So [2:13:33] basically we [2:13:34] re talking about [2:13:37] property values not being, um, [2:13:41] endangered. And then the other, [2:13:43] um, finding of fact that the [2:13:44] location and the character of [2:13:46] the proposed use, if it [2:13:47] s [2:13:48] developed according to the [2:13:50] application and the plan that [2:13:53] was submitted, um, would be in [2:13:55] harmony with the area and then [2:13:58] also to be in conformity with [2:14:02] the for 2045. [2:14:03] Councilmember Hall, I [2:14:04] m. [2:14:05] Sorry, Councilmember Hall, I [2:14:07] will say that as to findings [2:14:10] one, two, and four, that is the [2:14:12] fact that is what staff [2:14:15] believes, that those three [2:14:18] findings have been met in [2:14:22] regards to, um, this project [2:14:23] staff does not have the [2:14:26] technical expertise to address, [2:14:27] uh, finding number three, [2:14:29] dealing with property values. [2:14:30] Uh, that [2:14:31] s something that you [2:14:32] have to, uh, you know, again, [2:14:34] the whole thing is based on the [2:14:37] hearing staff put forward our [2:14:38] thoughts on the three findings, [2:14:39] but you have to make an [2:14:41] independent decision related to [2:14:42] the property values based on [2:14:44] what you heard. As far as the [2:14:45] testimony was tonight. [2:14:47] Thank you. I appreciate that. [2:14:49] So let that be noted. For the [2:14:53] record. Um, and with that, uh, [2:14:55] and everything that I heard [2:14:57] tonight and based off of those [2:15:00] findings, I moved that based [2:15:01] upon the application, the [2:15:03] testimony and the evidence [2:15:05] presented at this public [2:15:07] hearing. That one the City [2:15:09] Council affirmed the four [2:15:11] findings as required by section [2:15:16] 3.2.13 e6a of the Unified [2:15:20] Development Ordinances, and two. [2:15:21] The City Council approved the [2:15:23] site plan that is included with [2:15:25] the Special Use Permit request, [2:15:27] along with the conditions [2:15:29] included in the Special Use [2:15:32] Permit and Staff Report, and [2:15:35] three the City Council approved [2:15:39] w-3, six, seven, six and issued [2:15:41] a special use permit to [2:15:44] Concrete Supply Company, llc [2:15:48] for establishment of an indoor [2:15:51] enclosure for outdoor enclosure [2:15:56] for a kennel, indoor use in g-1 [2:16:01] zoning district. Yes city. [2:16:02] Is there a second to that [2:16:03] motion? [2:16:05] Just a moment. Um, Mayor Jones, [2:16:05] I believe. [2:16:05] Just minute. [2:16:06] Councilor. Yes, sir. [2:16:08] Just a minute. Have you [2:16:10] finished your total motion? [2:16:10] Yes. Is there a problem with [2:16:11] the motion? [2:16:13] Yes, sir. Yes, sir. [2:16:13] Um, I just wanted. [2:16:15] To correct that. I believe that [2:16:16] we, um, that it [2:16:17] s, um, three [2:16:19] six, nine one. [2:16:21] Um. And I think you said. Three [2:16:23] seven something. I apologize [2:16:25] for that. And then, um, there [2:16:26] was something. [2:16:29] Related to an llc. [2:16:31] A concrete company. I don [2:16:31] t [2:16:31] think that [2:16:33] s a part of the [2:16:34] issue. [2:16:36] It sounds like the sample [2:16:37] motion MAY have been barred [2:16:38] from the last time we had a [2:16:39] special use permit, which was [2:16:41] for expansion of an asphalt and [2:16:43] concrete plant on Lowry Street. [2:16:45] The proper case number is w [2:16:48] 3691, and this would be for an [2:16:50] outdoor enclosure for a kennel, [2:16:52] indoor use. [2:16:52] Yes. [2:16:53] So if you could just amend your [2:16:54] motion. [2:16:56] For to to correct that for the [2:16:57] record, I. [2:16:59] Will. And thank you Mayor [2:17:02] Jones. I move that based upon [2:17:04] the application, testimony and [2:17:05] evidence presented at the [2:17:07] public hearing that one the [2:17:10] City Council affirmed the four [2:17:12] findings as required by section [2:17:17] 3.2.13 e6a of the Unified [2:17:19] Development Ordinances, and [2:17:21] two. The City Council approved [2:17:23] the site plan that is included [2:17:24] with this special use permit [2:17:26] request, along with the [2:17:28] conditions included in the [2:17:30] Special Use Permit and Staff [2:17:33] Report, and three the City [2:17:38] Council approved w dash 3691 [2:17:41] and issue a special use permit [2:17:44] for establishment of an outdoor [2:17:47] enclosure for a kennel, indoor [2:17:51] use in a g one zoning district. [2:17:52] Very good. Now, is there a [2:17:54] second? Second. Second by [2:17:55] Councilmember Clark. Any [2:17:57] further discussion questions? [2:18:00] Uh, customer Clark, for the [2:18:05] record, I do have two dogs. [2:18:06] I do. [2:18:08] Have two indoor kennels with [2:18:10] runs. To the best of my [2:18:12] knowledge, in the West ward, [2:18:13] one is behind Duke [2:18:13] s [2:18:15] restaurant, which is, I think [2:18:15] it [2:18:18] s an adoption type place. [2:18:20] Uh, I eat at Duke [2:18:20] s [2:18:21] periodically. I get my car [2:18:23] washed next door to that one [2:18:25] regularly. I have never smelled [2:18:27] anything, nor I have I. Have I [2:18:30] ever heard a dog bark there? I [2:18:32] have another indoor kennel [2:18:33] which does have an outdoor run [2:18:37] further out. Country club, uh, [2:18:38] kind of near where the driving [2:18:40] range is way out there. I [2:18:40] ve [2:18:42] never gotten a complaint on it. [2:18:45] I have two dog runs at [2:18:47] Meadowlark School. I used to [2:18:48] take my dogs there a while [2:18:49] back. Uh, I [2:18:50] ve never gotten a [2:18:52] complaint there about barking. [2:18:54] I have said on this council for [2:18:56] 25 years, and I had probably [2:18:58] count on one hand the number of [2:18:58] calls I [2:19:01] ve got on barking dogs. [2:19:02] Uh, but that [2:19:04] s not why I would [2:19:08] like to speak. This property [2:19:12] has the most broadest, worst [2:19:17] zoning you can imagine. General [2:19:20] industrial. You mentioned a [2:19:22] cement plant, asphalt plants. [2:19:24] We have a hard time getting [2:19:26] those cited because they are [2:19:28] not good neighbors. You could [2:19:32] have a lot of things, and I [2:19:34] simply would suggest, be [2:19:37] careful what you ask for. And I [2:19:38] will be supporting the motion. [2:19:40] Very good. Oh, do you have a [2:19:42] motion to approve this item? [2:19:43] All those in favor, please [2:19:44] indicate by voting yes. Anyone [2:19:51] opposed? Vote no. My computer [2:19:51] s [2:20:02] down. The motion passes in [2:20:04] favor of seven. In favor one [2:20:05] opposed. Councilmember Burke [2:20:07] voting no. Thank you very much. [2:20:10] Councilmember Hall of love [2:20:12] verbiage. There. All right, so [2:20:14] now go to the public comment [2:20:16] period, which is the time that [2:20:18] the City Council now set aside [2:20:20] for citizens to voice their [2:20:21] opinions on matters that are [2:20:24] germane to city government when [2:20:25] the comment period is called, [2:20:26] each speaker will be given [2:20:27] three minutes for presentation [2:20:29] and the total amount of the [2:20:30] public comment period will be [2:20:32] 30 minutes. Uh, do we have the [2:20:34] list of speakers? [2:20:49] Uh. [2:20:52] Okay. First person signed up as [2:20:54] Benjamin Gaither. If you would [2:20:55] please state your name and [2:20:56] address. For the record, MR. [2:20:58] Gaither. [2:20:59] Um. [2:21:00] Hello, my name is Benjamin [2:21:04] Gaither. Uh, my address is 281 [2:21:05] Village Creek Circle, [2:21:08] Winston-Salem. And, uh, I [2:21:08] m a [2:21:10] student of Winston-Salem State [2:21:13] University. Uh, today was the [2:21:15] first day of classes, and I [2:21:17] parked my car. I noticed [2:21:18] something different this [2:21:21] semester. Uh, Alper. Cameras, [2:21:24] uh, from Flock Safety, uh, had [2:21:26] been added to the entrances and [2:21:29] exits. Uh, so instead of [2:21:31] studying between classes, I [2:21:32] chose to write the words that [2:21:33] you [2:21:35] re hearing. Now, I [2:21:35] m not [2:21:37] here to tell you to remove [2:21:39] them. I would work with the [2:21:40] university for something like [2:21:44] that. Uh, no. I am here to tell [2:21:47] you what countless Americans [2:21:49] and listeners Elamites have [2:21:51] been going through over the [2:21:54] past year. Right now, you can [2:21:57] go to the morgue and see where [2:21:59] the alp is in our community. [2:22:02] Are. I noticed that many of [2:22:04] them were placed in parking [2:22:06] lots, like Hanes Mall or Home [2:22:09] Depot. Uh, even some in [2:22:11] apartment complexes or a [2:22:12] s. And [2:22:12] I think that [2:22:13] s a little bit [2:22:17] messed up. Um, I understand [2:22:20] that these APIs are paid for by [2:22:23] private groups and companies. [2:22:24] Uh, I would not say I [2:22:25] m against [2:22:27] the use of cameras to keep [2:22:30] parking lots peaceful. Uh, what [2:22:33] I am against is much nearer and [2:22:37] significantly more irking, um, [2:22:39] being a computer science major, [2:22:41] I know a few things about cyber [2:22:43] security. When you conne a [2:22:44] device to the internet, you [2:22:46] allow the ability for your [2:22:48] device to be hacked by someone [2:22:51] else. Far cameras have no real [2:22:54] vulnerabilities and information [2:22:56] collected from them can be [2:22:57] shared with other police [2:23:00] departments across the United [2:23:01] States with no requirements for [2:23:05] warrants. This semester, when I [2:23:07] should be in classes, listening [2:23:09] to instructors, I will be [2:23:10] worried about who [2:23:11] s watching [2:23:14] me. My peers will worry about [2:23:15] their license plates being [2:23:18] misread and police officers [2:23:20] claiming that they have a [2:23:23] stolen vehicle. Uh, most [2:23:25] importantly, everyone will [2:23:27] wonder what will happen next. [2:23:29] Uh, axon is currently [2:23:32] developing Taser armed drones [2:23:35] that are for active shooters. [2:23:37] Um, situations on public [2:23:40] schools. Will my university [2:23:41] decide to implement these [2:23:44] measures for our safety? Uh, [2:23:46] but if Fox decides to track [2:23:48] more than just cars in the [2:23:51] future, right. Uh, will my [2:23:53] university have a choice in [2:23:57] that? Who watches the watchers [2:23:58] with a closed circuit [2:24:00] television camera system? None [2:24:01] of the cameras. [2:24:04] Are open to. [2:24:05] Yeah. [2:24:15] Uh, Olivia Doyle. [2:24:16] Hello, y [2:24:16] all. [2:24:16] Aren [2:24:17] t you excited to be going [2:24:20] home soon? Um. I Doyle, 1/12 [2:24:23] Street. So hideout is here [2:24:24] because we still have not been [2:24:25] invited. Well, actually, we [2:24:26] just got an invitation [2:24:28] informally earlier today, but [2:24:28] we haven [2:24:29] t been invited to [2:24:30] present our legal defense of [2:24:31] our proposal to stop local [2:24:33] cannabis arrests. We are still [2:24:34] asking for the meeting that [2:24:36] Mayor Pro Tem Adams, uh, [2:24:37] promised to get our ordinance [2:24:38] through the General Government [2:24:39] Committee. But while we are [2:24:41] waiting for that, we would like [2:24:42] to deliver the legal analysis [2:24:43] that we have received from [2:24:45] civil rights litigator Jaylen [2:24:46] Miller of Emancipate North [2:24:48] Carolina. Attorney Miller has [2:24:49] concluded, as you should have [2:24:50] read in her email earlier [2:24:51] today, that Dillon [2:24:52] s rule is [2:24:54] not a reasonable barrier to [2:24:55] mandatory sign release or [2:24:56] lowest law enforcement [2:24:58] priority. Attorney Miller could [2:24:59] not find an instance in which [2:25:01] the city engaged with our legal [2:25:02] argument, supporting these [2:25:03] proposed policies, but she did [2:25:06] find two instances where a [2:25:07] manager paid an attorney. [2:25:09] French challenged our proposal [2:25:10] again without responding [2:25:11] directly to our defense. Using [2:25:12] North Carolina General Statute [2:25:15] 58 302 by citing Dillon [2:25:16] s Rule [2:25:16] as though Dillon [2:25:17] s Rule is this [2:25:19] impenetrable obstacle to [2:25:20] preventing arrests for [2:25:21] misdemeanor cannabis. Cannabis [2:25:23] possession and Winston. It is [2:25:25] not. In fact, according to her [2:25:26] analysis, Dillon [2:25:26] s rule might [2:25:27] not even apply in North [2:25:30] Carolina, particularly in this [2:25:32] instance. So we are asking you [2:25:33] still to pass two policies [2:25:35] mandatory sign release and [2:25:36] lowest level enforcement [2:25:37] priority for misdemeanor [2:25:39] possession, because as of right [2:25:40] now, without those [2:25:42] decriminalization measures, [2:25:43] black and Latino residents are [2:25:45] being stopped and incarcerated [2:25:46] more often for things like [2:25:48] this. This is a hemp derived [2:25:50] blunt that I bought a couple [2:25:51] hours ago, and Council member [2:25:52] Clark [2:25:53] s ward, just across the [2:25:55] street from a church. And if if [2:25:56] I take it outside the tube, I [2:25:57] walk because I know the smell [2:25:59] gives some people a headache. [2:26:00] But if I take it outside of the [2:26:01] tube, I assure you you would [2:26:02] not be able to tell the [2:26:03] difference between this and [2:26:05] illegal cannabis. It [2:26:06] s a blunt. [2:26:08] So unless we want to continue [2:26:09] the racist governance that was [2:26:10] set up by the likes of City [2:26:11] Manager, Gold or Mayor [2:26:13] Cavanaugh, we need to prevent [2:26:14] the racially disproportionate [2:26:15] enforcement for possessing [2:26:17] things that look and smell like [2:26:19] this. Despite Chief Pence [2:26:20] claims that the weed in [2:26:22] Winston-Salem is not mellowing [2:26:23] people out, I can assure you [2:26:25] that this blunt is not going to [2:26:26] make me go on a rampage. In [2:26:28] fact, this one is labeled as an [2:26:29] indica strain, and that usually [2:26:32] just makes me go to sleep. So [2:26:34] once again, we are asking that [2:26:35] our ordinance proposal be [2:26:36] pushed through the General [2:26:38] Government Committee. I also [2:26:40] want to follow up with um, [2:26:41] Councilmember Andrew Bone about [2:26:42] the meeting that was proposed [2:26:44] earlier today and formally. And [2:26:45] we are asking this with the [2:26:46] understanding that Dillon [2:26:46] s [2:26:49] rule is not a barrier to our [2:26:51] proposed ordinance passage. I [2:26:51] m [2:26:54] going to leave a copy, a couple [2:26:54] copies of Attorney Miller [2:26:55] s [2:26:56] analysis, as well as the [2:26:57] ordinance proposal that we [2:26:57] ve [2:26:57] sent y [2:26:59] all a couple of times, [2:27:00] just in case you need it to [2:27:03] read over again. Thank you. [2:27:04] Thank you. Matthew Mares, [2:27:17] please. [2:27:19] Getting sleepy back there. Hey, [2:27:20] Matthew. [2:27:21] My name is Matthew Mayers. I [2:27:24] live at two, 844 Wesleyan Lane. [2:27:26] I wanted to, um, first of all, [2:27:27] uh, call out some really [2:27:28] positive things that have [2:27:30] happened recently, echoing one [2:27:31] one thing MR. Pate was talking [2:27:33] about earlier, the incredible [2:27:34] response by utilities when the [2:27:37] water main broke, that was that [2:27:39] was like superhuman. Um, and, [2:27:42] uh, another I just have to go [2:27:43] on record for your amusement [2:27:44] saying, I [2:27:45] m so glad the fire [2:27:47] department is driving their [2:27:50] SUVs more, um, probably not [2:27:51] something you expected me to [2:27:53] say. Driving your suv more [2:27:55] makes me happy. But if it [2:27:56] s as [2:27:57] opposed to driving a big fire [2:27:57] engine, that [2:27:58] s a great thing. [2:27:59] And especially if it [2:27:59] s less [2:28:01] than, respond better to, uh, [2:28:04] emergency situations. But I [2:28:04] m [2:28:06] really here to offer kind of [2:28:07] like a public service [2:28:09] announcement to you all. Pretty [2:28:10] soon, I think you [2:28:10] re going to [2:28:13] be getting the report on your [2:28:16] property. Um, evaluation of the [2:28:17] the state of the property [2:28:19] inventory for the city. And [2:28:21] after that, I hope making some [2:28:22] decisions about how you want to [2:28:24] improve those properties in [2:28:26] lots of ways, and I hope, [2:28:28] including the monitoring and [2:28:30] efficiency of energy use in [2:28:32] them. So the public service [2:28:33] announcement part is to let you [2:28:35] know that among the tools in [2:28:37] your in your toolbox going [2:28:39] forward, on top of things like, [2:28:40] you know, bond issues and all [2:28:42] of that, um, if you haven [2:28:42] t [2:28:43] seen a couple of a couple of [2:28:44] weeks ago in Raleigh, they [2:28:47] passed, uh, Senate Bill 445, [2:28:48] which was a regulatory reform [2:28:52] bill, and a part of it, um, was [2:28:55] to streamline the process of [2:28:57] letting government and entities [2:29:00] enter into, uh, guaranteed [2:29:02] energy savings contracts. And [2:29:03] if you probably are somewhat [2:29:05] familiar with those, but again, [2:29:09] for public record, it allows [2:29:10] city governments or other [2:29:12] entities to contract with a [2:29:14] third party. Um, not have to [2:29:16] put forth a bunch of cash [2:29:18] necessarily, and start to see [2:29:20] savings from, uh, from energy [2:29:23] efficiency right away. Is it as [2:29:25] good a deal, not a dollar for [2:29:25] dollar. But you don [2:29:26] t have to [2:29:28] come up with a cash. So in that [2:29:30] sense, it can be a real unlock [2:29:33] for moving forward on things. [2:29:35] Um, and since I have 48 [2:29:35] seconds, I [2:29:36] ll also mention [2:29:38] House Bill 162 also passed, [2:29:40] which means no more parking [2:29:41] limits, no more parking [2:29:43] minimums, I should say. Which I [2:29:43] know that [2:29:44] s somewhat [2:29:46] controversial, but think of how [2:29:47] marvelous that [2:29:48] s going to be [2:29:49] for opening up housing in the [2:29:50] city. I know there will be [2:29:52] people who are a little upset, [2:29:55] but this is a good thing for, [2:29:57] um, improving density and [2:29:59] fighting against sprawl. So [2:30:00] hooray for that and I hope you [2:30:01] have a good night. I think I [2:30:01] m [2:30:02] last, so y [2:30:03] all get to go home. [2:30:04] Good night. [2:30:05] Thank you, MR. Mares. Is there [2:30:07] anyone else who wants to speak [2:30:08] during the public comment [2:30:08] period? Yes, ma [2:30:16] am. [2:30:20] I have to put my shoes on. [2:30:21] Hi, all. My name is Marilyn [2:30:23] Mendiola dela Cruz. I live in [2:30:24] Mebane and I don [2:30:25] t have a home [2:30:26] address. Um, I [2:30:27] m here because I [2:30:29] stand in solidarity and in full [2:30:30] support with hate out [2:30:32] Winston-Salem fair Justice and [2:30:33] Safety Act, which I try and [2:30:35] see, supports a youth policy [2:30:36] that did decriminalize a small [2:30:37] amount of marijuana possession [2:30:39] by minors through sight and [2:30:41] release, and diversion, while [2:30:43] keeping criminal penalties for [2:30:43] selling, trafficking, [2:30:46] distribution, driving and [2:30:48] adults supplying marijuana to [2:30:50] minors. North Carolina General [2:30:53] statute statute 90-95 currently [2:30:56] makes possession of schedule [2:30:58] six controlled substance, a [2:31:00] class three misdemeanor with [2:31:01] marijuana penalties increasing [2:31:03] by quantity. Possession over [2:31:06] the half one half ounce becomes [2:31:08] a class one misdemeanor, and [2:31:10] possession over one and one [2:31:11] half ounce becomes class one [2:31:12] felony. We should not treat [2:31:14] teenagers caught with small [2:31:15] personal use amount the same [2:31:16] way that we treat someone [2:31:18] selling drugs to children. The [2:31:20] policy should be simple seize [2:31:22] the substance issue site, [2:31:24] notify parent guardian when [2:31:25] appropriate. Connect the young [2:31:27] person to education, [2:31:28] assessment, counseling, [2:31:29] diversion and keep them out of [2:31:31] detention. Unnecessary and [2:31:34] unnecessary criminal processing [2:31:36] the person selling it is a [2:31:37] different enforcement problem. [2:31:38] North Carolina already [2:31:40] recognizes that youth justice [2:31:42] can use interventions other [2:31:43] than incarceration under [2:31:46] chapter seven seven. Be [2:31:47] juvenile courts can impose [2:31:48] counseling, community service, [2:31:49] substance abuse programming, [2:31:51] supervision, curfews as [2:31:52] conditions of juvenile [2:31:55] dispositions. There is also [2:31:56] useful historical comparison [2:31:59] with tobacco. In 1998, the cdc [2:32:01] documented the 42 states had [2:32:03] laws prohibiting minors from [2:32:05] purchasing, possessing, or [2:32:06] prohibiting selling or [2:32:07] distribution of tobacco to [2:32:08] minors. North Carolina [2:32:10] specifically prohibits minors [2:32:11] from purchasing tobacco and [2:32:14] classified the violation as a [2:32:17] class two misdemeanor. The [2:32:19] policy lesson is that we can [2:32:20] regulate youth access and hold [2:32:21] sellers accountable without [2:32:23] making criminalization of the [2:32:25] young person the primary [2:32:29] intervention. Um, I support [2:32:32] narrowly written safety focus. [2:32:37] I support. Sorry, I need [2:32:40] reading glasses. North Carolina [2:32:44] general statute. Um. 153a-142 [2:32:46] expressly authorizes counties [2:32:50] to impose a curfew on anyone 18 [2:32:53] and under 18 in North Carolina, [2:32:55] law also provides municipal [2:32:56] authority for juvenile curfews. [2:32:57] But the curfew has to be [2:32:59] written around safety, not [2:33:01] punishment. There should be [2:33:05] explicit exceptions for work, [2:33:06] school, religious services, [2:33:08] organized activities, Medicare, [2:33:10] medical care, transportation, [2:33:11] or even coming out to city [2:33:12] council to be able to speak [2:33:14] because, you know, it goes [2:33:18] after nine. Um, and not turning [2:33:19] ordinary presence in public [2:33:20] into unnecessary, [2:33:21] disproportionately racially [2:33:24] targeted arrest or criminal [2:33:25] records. Our standards should [2:33:27] be simple hold adults, dealers, [2:33:29] traffickers accountable, yada [2:33:32] yada yada and not putting our [2:33:33] kids into the criminal justice [2:33:34] pipeline. [2:33:36] Thank you. [2:33:37] Anyone else for the public [2:33:39] comment? Period. [2:33:44] I would like to say something. [2:33:46] Um, my name is Sarah Girard. [2:33:49] Uh, 216 West Banner Avenue. I [2:33:52] also came to support hate outs, [2:33:54] um, initiatives on [2:33:55] decriminalization. I [2:33:56] m very [2:33:58] concerned about our federal [2:34:00] government and the fact that we [2:34:03] have both white supremacist and [2:34:05] white nationalists in office [2:34:08] right now, and the trickle down [2:34:11] of that to us. Uh, I finally, [2:34:15] like I can only I think a lot [2:34:18] of globally and nationally and [2:34:20] internationally, but locally is [2:34:22] the only place I can really [2:34:26] have enough impact. And. I [2:34:27] m [2:34:28] just very concerned about that. [2:34:33] And I want to try to get [2:34:35] support from my local officials [2:34:38] and protecting the community. [2:34:40] So in things like not [2:34:44] overpolicing, um, people for [2:34:47] things that are not really [2:34:50] crimes, I mean, we, we have [2:34:51] well, I can we [2:34:54] ve sorry, i [2:34:54] m a [2:34:55] little nervous. I didn [2:34:56] t put [2:35:00] anything to speak. So, um, but [2:35:03] things like, uh, not how are we [2:35:05] going to protect our citizens [2:35:07] in general? And with things [2:35:11] like the, um, Ice raids and ice [2:35:14] stops there? Um, we [2:35:15] ve had our [2:35:16] sheriff say we can [2:35:16] t do [2:35:18] anything because this is, you [2:35:21] know, this is federal, but who [2:35:24] will protect our citizens when [2:35:26] you have federal officers doing [2:35:29] things that are illegal? So I [2:35:30] just wanted to speak in [2:35:32] solidarity with hate out. And [2:35:35] also, um, say that I plan to [2:35:37] attend meetings more regularly [2:35:41] because I want to, um, have our [2:35:43] local officials protecting our [2:35:45] citizens. Thank you. [2:35:48] Thank you. And someone else [2:35:55] wanted to speak. [2:35:57] Hello? Hello, I [2:35:58] m Charlotte, I [2:35:59] live in Greensboro. Although [2:36:00] some of you will have seen me [2:36:02] around a fair bit. Uh, Olivia [2:36:03] already covered everything [2:36:04] pretty thoroughly, so I just [2:36:06] want to say that, uh, I also [2:36:08] stand in solidarity with hate [2:36:09] out and, uh, support the [2:36:11] Winston-Salem Fair Justice and [2:36:12] Public Safety Act. [2:36:14] Thank you. Thank you very much. [2:36:15] Anyone else during the public [2:36:15] comment. [2:36:18] Period? [2:36:19] All right. See you then. When [2:36:19] I [2:36:21] ll close the public comment [2:36:22] period. We do have the need to [2:36:25] go into a closed session. MR.. [2:36:26] Tim Adams has a motion, I [2:36:28] believe. Councilmember Clark, I [2:36:29] make a comment before we do [2:36:31] that brief comment. I was at a [2:36:32] meeting the other day. I don [2:36:32] t [2:36:33] remember which one, but the [2:36:34] police chief was there and I [2:36:36] specifically asked the [2:36:39] question, how many cameras does [2:36:41] the city, Winston-Salem have? [2:36:46] And he said none. No, you asked [2:36:47] it. I asked. [2:36:48] If. [2:36:50] But anyway, we both asked it. [2:36:50] But that [2:36:53] s what he said. All [2:36:55] right. The answer was the same. [2:36:55] All right. [2:36:57] Thank you. [2:36:58] All around.. [2:36:59] It must have been different, [2:37:00] sir. We [2:37:01] re not talking back and [2:37:02] forth in the audience. Mayor [2:37:03] Pro tem. [2:37:04] Yes. I move. [2:37:05] For the city council to go into [2:37:07] closed session pursuant to [2:37:10] North Carolina General Statute [2:37:16] 143318.1186 to conduct the City [2:37:16] Manager [2:37:17] s annual performance [2:37:18] evaluation. [2:37:19] Thank you. Second. [2:37:20] Second. [2:37:21] All in favor of the motion, [2:37:21] please say aye. [2:37:22] Aye, aye. [2:37:22] That [2:37:23] s unanimous. We [2:37:23] re now [2:37:27] going in closed session. [2:37:31] And I took my two big. He could [2:37:33] have been, uh. [2:37:34] But the meeting I might have. [2:37:36] Made this. [2:37:37] We can [2:37:38] t talk about. [2:37:50] Um. Oh, and. [2:37:51] Then I told myself. [2:37:53] That I probably should walk [2:38:36] through. Thank you. [2:39:52] But I. [2:40:17] The. [2:41:58] Yeah. [2:41:58] That. Let [2:42:15] s try. The. [2:42:16] Yeah. [2:42:30] Okay. Okay. So that. Yeah. But [2:42:32] they they said they were. [2:42:33] Yeah. I remember those two [2:42:33] days. I couldn [2:42:34] t remember. [2:42:34] What the. [2:42:38] Other one was. And I was a. But [2:42:43] I guess. Yeah, yeah I can get [2:42:46] my emails out. Yeah. Well thank [2:42:47] you all for all of you on your [2:42:49] work. I appreciate it. It [2:42:49] s [2:42:51] been a long. Yeah, I [2:42:52] m sure [2:42:52] they [2:42:54] re not all easy. Thank you. [2:47:46] Exactly. Bye. It [2:47:48] s so cold. Yes. [2:47:55] I wish I knew somewhere welcome. [2:48:01] Is there a motion to end the. I [2:48:01] moved. [2:48:04] So moved. [2:48:06] By Hall. Second by. Yeah. All [2:48:07] in favor of any closed session, [2:48:09] please say aye. Aye aye. Motion [2:48:12] to adjourn. Motion by Mayor Pro [2:48:13] Tem, seconded by. [2:48:14] Several. [2:48:16] Thank you. Going all those in [2:48:17] favor of the motion to adjourn? [2:48:19] Say aye. Aye, aye. We [2:48:19] re [2:48:30] adjourned. [2:48:39] Let me ask you a the motion.