Agenda
Transcript
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[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
[1:06:05]
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
[1:06:50]
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]
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
[1:10:25]
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
[1:11:41]
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.
[1:17:56]
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
[1:19:15]
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
[1:19:29]
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
[1:19:53]
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
[1:20:20]
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
[1:22:43]
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
[1:23:23]
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
[1:25:10]
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
[1:27:19]
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
[1:29:19]
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
[1:31:47]
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
[1:32:52]
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
[1:33:51]
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
[1:35:54]
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
[1:36:19]
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
[1:36:29]
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
[1:37:41]
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
[1:42:15]
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
[1:46:24]
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
[1:47:05]
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
[1:48:37]
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
[1:50:16]
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
[1:50:23]
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
[1:52:51]
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
[1:53:15]
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
[1:53:34]
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
[1:53:41]
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]
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
[1:55:32]
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
[2:02:24]
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
[2:02:48]
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]
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
[2:07:23]
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
[2:13:48]
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]
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
[2:18:15]
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
[2:18:21]
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
[2:20:02]
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
[2:26:49]
rule is not a barrier to our
[2:26:51]
proposed ordinance passage. I
[2:26:54]
going to leave a copy, a couple
[2:26:54]
copies of Attorney Miller
[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
[2:28:06]
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
[2:28:43]
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
[2:30:02]
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
[2:34:28]
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
[2:36:21]
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
[2:36:33]
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
[2:42:51]
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.