City Council Meeting - Feb. 25, 2013

>> CALL THE FEBRUARY 25TH, 2013, FAYETTEVILLE CITY COUNCIL MEETING TO ORDER. WE APPRECIATE EVERYONE BEING HERE THIS EVENING. AND WE ASK THAT YOU STAND FOR INVOCATION, LED BY MAYOR PROTEM ARP, AND IF YOU WOULD REMAIN STANDING FOR OUR PLEDGE OF ALLEGIANCE. >> LET US PRAY. GRACIOUS HEAVENLY FATHER, WE THANK YOU AGAIN FOR AN OPPORTUNITY TO CONVENE AS A BODY. HERE IN THE GREAT CITY OF FAYETTEVILLE. WE'RE SO GRATEFUL TO BE ABLE TO CALL THIS OUR HOMETOWN, AND WE'RE THANKFUL TO HAVE SUCH WONDERFUL CITIZENS THAT WE REPRESENT HERE IN THIS COMMUNITY. WE ARE TRULY BLESSED IN THE LAND OF THE FREE. FOR ALL THESE THINGS, WE GIVE YOU THE PRAISE AND THE GLORY. TONIGHT AS WE GO ABOUT THE BUSINESS OF THE CITY, WE JUST CAN THAT YOU WOULD GIVE US THE E WISDOM OF SOLOMON, THAT YOU WOULD HELP US TO HAVE AN UNDERSTANDING THAT'S SUPERNATURAL AND ABILITY THAT LORD WE WOULD BE ABLE TO SEE THINGS CLEARLY AND MAKE DECISIONS THAT WOULD BE TO THE BEST INTEREST OF THE CITIZENS OF THIS CITY AND THAT THEY WOULD HAVE LONG AND LASTING POSITIVE IMPACTS ON OUR COMMUNITY. SO BLESSINGS ON THE ELECTED OFFICIALS HERE TONIGHT. BLESSINGS ON THOSE IN ATTENDANCE, AND ON THE ACTIVITIES THAT THEY BRING FORWARD. AND BLESSINGS ON THIS GREAT CITY. WE ASK IN CHRIST'S NAME. AMEN. [PLEDGE OFF -- OF ALLEGIANCE] >> OKAY, WE HAVE SEVERAL ANNOUNCEMENTSATHO CARRIERONNECT■ >> THE HIGHLANDS CHAPTER COMES FORWARD AND I SHARE THIS PROCLAMATION WITH YOU. WHEREAS, THE AMERICAN RED CROSS HIGHLANDS CHAPTER WAS ESTABLISHED ON APRIL 26th, 1917, IN RESPONSE TO A CALL FROM PRESIDENT WOODROW WILSON AFTER THE START OF WORLD WAR I TO ASSIST AND COMFORT COMMUNITY STRICKEN BY DISASTERS AND TO HELP ABLE BODIED CITIZENS OVERSEAS AND WHERE THE AMERICAN RED CROSS HIGHLAND CHAPTERS PROVIDES SERVICE TO LOCAL MILITARY VOLTEERDZ AND -- VOLUNTEERS INCLUDING 7 MESS MESSAGING, ASSISTING MILITARY MEMBERS AND THEIR FAMILIES THROUGH PREDEPLOYMENT AND POST DEPLOYMENT BRIEFINGS AND SEMINARS AND WHEREAS THE AMERICAN RED CROSS HIGHLANDS CHAPTER PROVIDES SHELTER, CLOTHING, FOOD AND COUNSEL TO FAMILIES WHO EXPERIENCED HOME FIRE OR OTHER DIZ ASKERS SUCH AS TORNADOES AND FLOODS AND WHEREAS EACH YEAR THE AMERICAN RED CROSS HIGHLANDS CHAPTER TEACHES AMERICAN CITIZENS TO LEAD SAFER AND HEALTHIER LIVES THROUGH LIFE SKILLS TRAINING AND WHEREAS ANNUALLY THE AMERICAN RED CROSS HIGHLANDS CHAPTER HELPS TO COLLECT, TEST, AND DISTRIBUTE THOUSANDS OF LIFE-SAVING UNITS OF BLOOD AND BLOOD PRODUCTS. NOW THEREFORE I MAY ANTHONY G. CHAVONNE MAYOR OF THE CITY OF FAYETTEVILLE DO HEREBY PROCLAIM MARCH 2013 TO BE RED CROSS MONTH AND THANK THE RED CROSS HIGHLANDS CHAPTER FOR THE HUMANITARIAN AND VOLUNTEER SPIRIT. >> THANK YOU SO MUCH FOR YOUR CONTINUED SUPPORT. AS YOU KNOW, OUR HIGHLANDS CHAPTER WORKS HAND IN HAND WITH EMERGENCY MANAGEMENT AND COMMUNITY LEADERSHIP, AND WE COULDN'T PROVIDE ANY OF OUR LIFE-SAVING SERVICES WITHOUT YOU. SO WE JUST WANTED TO EXTEND OUR GRATITUDE, AND WE'RE LOOKING FORWARD TO A VERY BUSY MONTH OF MARCH HELPING TO EDUCATE AND PREPARE ALL THE CITIZENS OF CUMBERLAND COUNTY FOR ALL TYPES OF DISASTER. THANK YOU. >> THANK YOU VERY MUCH, MA'AM. THANK YOU FOR BEING HERE, AND THANK YOU FOR YOUR WORK. WE NOW HAVE A SPECIAL PRESENTATION FROM THE LOCAL VETERANS OF FOREIGN WARS AND POST COMMANDER COMMANDER JESSE BELLFLOWER HERE ON BEHALF OF THE LOCAL VETERANS OF FOREIGN WARS. >> GOOD AFTERNOON, MAYOR. >> SIR. >> CITY COUNCILMEMBERS, IT IS A PLEASURE FOR THE VFW POST 6018 HERE IN FAYETTEVILLE TO HAVE THE OPPORTUNITY TO RECOGNIZE ONE OF OUR OWN WITHIN THE COMMUNITY AS A PUBLIC SERVANT. TODAY OR TONIGHT WE HAVE THAT OPPORTUNITY TO RECOGNIZE CAPTAIN VINCE LEWIS. IF WE COULD GET CAPTAIN VINCE LEWIS AND HIS TECHNICAL MAN TO COME FORWARD. CAPTAIN VINCE LEWIS WILL RECEIVE SEVERAL AWARDS THIS AFTERNOON. THE FIRST BEING THE POST AWARD. VETERANS OF FOREIGN WARS CERTIFICATE OF APPRECIATION, FAYETTEVILLE NORTH CAROLINA. SPECIAL RECOGNITION IN THE HIGHEST PRAISE FOR ALERTNESS, PERSONAL COURAGE, AND EVER EFFICIENT GUARDIANSHIP OF LIFE AND PROPERTY. IN WITNESS OF COMMANDER THOMAS PERSON, ANGELA V. ROSS. [APPLAUSE] HE ALSO RECEIVED THE 2012-2013 FIREFIGHTER AWARD FROM VFW POST 6018. [APPLAUSE] AND HE WILL ALSO RECEIVE A SMALL COMPENSATION THAT I HOPE IT DOES NOT GET TAX DEFERRED. [LAUGHTER] LIKE I SAY, CAPTAIN LEWIS, HE WANTED THE POST LEVEL. HE ALSO WANTED THE DISTRICT LEVEL. THE DISTRICT A COMMANDER, COMMANDER JESSE BELLFLOWER WILL ALSO PRESENT THAT AWARD TO HIM AT THIS TIME. >> THANK YOU. GREETINGS, MAYOR, CITY COUNCIL. AS ALWAYS, I'M HUMBLED TO BE BACK IN CITY COUNCIL AGAIN, ESPECIALLY FOR AN OCCASION OF OPPORTUNITY -- TONIGHT WHERE WE AS OUR COMMUNITY, OUR FAYETTEVILLE COMMUNITY HONOR ONE OF OUR LOCAL HEROES THAT REPRESENTS US. NOT ONLY HERE IN THE COMMUNITY BUT AT A DISTRICT LEVEL, AND OUR DISTRICT FOR THE VETERANS OF FOREIGN WARS COVERS NOT ONLY CUMBERLAND COUNTY, ROBINSON COUNTY, AND HOKE COUNTY AS WELL. BUT CAPTAIN LEWIS DISTINGUISHED HIMSELF GREATLY, NOT ONLY REPRESENTING OUR COMMUNITY AT THE LOCAL LEVEL BUT AT THE DISTRICT LEVEL, AT THE STATE LEVEL AND I'VE GOT A VERY NICE NATIONAL AWARD AS WELL. THAT I DIDN'T EVEN KNOW UNTIL TWO DAYS AGO THAT HE WAS GOING TO RECEIVE. FIREFIGHTER AWARD IS ONE OF OUR GOLD MEDAL AWARDS MAYOR THAT WE PARTICIPATE IN EVERY YEAR IN THE VETERANS OF FOREIGN WARS. IN OUR LOCAL COMMUNITIES, WE ASKED THE EMT, THE FIREFIGHTER, AND THE POLICE DEPARTMENTS TO NOMINATE A WORTHY PERSON TO REPRESENT THEIR DEPARTMENTS TO GO FORWARD FOR JUDGING, TO GO FORWARD TO REPRESENT THE COMMUNITY. AND CAPTAIN LEWIS BY FAR, BY FAR IS GOING TO REPRESENT AND HAS REPRESENTED THIS COMMUNITY EXTREMELY WELL. NOT ONLY DOES HE REPRESENT OUR FIRE DEPARTMENT. HE REPRESENTS US. SO I'M GOING TO PRESENT SOME, SOME AWARDS TO HIM. I'M NOT SURE WHERE YOU WANT HIM. DO YOU WANT HIM UP FRONT HERE FOR THE CAMERAS OR DO YOU WANT HIM UP THERE. >> DO IT RIGHT THERE. THEN AFTERWARDS WE WILL PULL HIM UP HERE FOR PHOTOGRAPHS. >> VETERANS OF FOREIGN WARS DEPARTMENT OF NORTH CAROLINA REPRESENTS CAPTAIN VINCE LEWIS, CITY OF FAYETTEVILLE. FIRE AND EMERGENCY MANAGEMENT AS FIREFIGHTER, STATE, GOLD MEDAL WINNER FOR 2012-2013, AND AS ALL OF YOU KNOW, WE HAVE 100 COUNTIES IN OUR GREAT STATE. AND OUT OF 100 COUNTIES, THE BEST FIREFIGHTER IN THIS STATE IS STANDING IN THIS ROOM. [APPLAUSE] AT THE DISTRICT LEVEL, CAPTAIN VINCE LEWIS WAS RECOGNIZED AS THE FIREFIGHTER OF THE YEAR FOR OUR DISTRICT, AND I HAVE A DISTRICT AWARD FOR HIM IN WHICH I SIGNED. [APPLAUSE] AND NOW FOR THE BIG ONE. AND MAYOR, THIS IS, THIS IS PRETTY BIG BECAUSE THIS IS A NATIONAL VETERANS OF FOREIGN WARS AWARD. HANDED DOWN BY OUR NATIONAL COMMANDER IN CHIEF. AND I'M GOING TO READ THE INSCRIPTION. I'M GOING TO ADD A COUPLE THINGS IN THERE TO REPRESENT OUR COMMUNITY. AND I WANT TO SAY SOMETHING, AS COMMANDER THIS IS THE SECOND NATIONAL AWARD I HAVE PRESENTED MYSELF, FOR ME. AND THESE ARE SO VERY RARE TO ACHIEVE. THE VETERANS OF FOREIGN WARS OF THESE UNITED STATES, VFW, NATIONAL FIREFIGHTER AWARD IS AWARDED TO CAPTAIN VINCENT C. LEWIS IN RECOGNITION AND UTMOST APPRECIATION OF HIS ODDITIOUS, - AUDACIOUS AND SELFLESS DEDICATED SERVICE WITH THE FAYETTEVILLE FIRE EMERGENCY MANAGEMENT DEPARTMENT AND I THINK THAT CAN BE SAID FOR EVERY FIREFIGHTER IN OUR GREAT DEPARTMENT BECAUSE ALL OF THEM SERVE SELFLESSLY. DURING VINCE'S OUTSTANDING CAREER HE HAS DISPLAYED AN EXEMPLARY AND COURAGEOUS SERVICE TO OUR COMMUNITY. OUR FAYETTEVILLE COMMUNITY. AND TO OUR NATION. HIS EXTRAORDINARY COMMITMENT IS INDICATIVE OF THE ESTEEMED CORE VALUES AND THE TRADITIONS OF THE FIREFIGHTER PROFESSION. IS THAT TRUE? YOU BETTER BELIEVE IT IS. YOU WOULDN'T BE STANDING HERE IF IT WASN'T. GOD, WHAT A RECOGNITION. FURTHER MANIFESTED BY THE HIGH DEGREE OF ADMIRATION AND RESPECT FROM BOTH HIS PEERS AND THE LOCAL PUBLIC COMMUNITY IN WHICH YOU SERVE. CAPTAIN VINCENT LEWIS IS A CRED TO AND. THIS REPRESENTS THE VALUES OF VETERANS OF FOREIGN WARS OF THE UNITED STATES. GIVEN UNDER THE HAND OF THE COMMANDER IN CHIEF OF THE VELT VELT -- VETERANS OF FOREIGN WARS JOHN E. HAMILTON AND I'M GOING TO PRESENT YOU THIS AWARD. [APPLAUSE] HE TRULY IS THE BEST OF THE BEST. NOW WE CAN'T GIVE HIM PLAQUES AND AWARDS WITHOUT MONEY. YOU'RE EXACTLY RIGHT. SO I HAVE TWO CHECKS HERE. ONE FROM THE DISTRICT IN THE AMOUNT OF $50, AND ONE FROM THE DEPARTMENT OF NORTH CAROLINA IN THE AMOUNT OF $100. SO I'LL PRESENT THESE CHECKS TO YOU IN THE SAME WAY THEY WERE PRESENTED TO ME. DON'T SPEND THEM ALL IN ONE PLACE. [APPLAUSE] THAT'S ALL THE AWARDS, MAYOR. >> WOULD YOU CARE TO SPEAK, SIR? >> NO. >> HOW ABOUT -- [LAUGHTER] >> COME AND THEY SHAKE THESE HA. >> CONGRATULATIONS. >> CONGRATULATIONS. JOB WELL DONE. >> WELL, DONE, CAPTAIN. I WANT TO BE JUST LIKE YOU, WHEN I GROW UP. [LAUGHTER] [APPLAUSE] >> COUNCIL WILL MOVE NOW TO ITEM 4, WHICH IS APPROVAL OF TONIGHT'S AGENDA. MR. HURST. >> YES, SIR, MR. MAYOR. I MOVE TO APPROVE THE AGENDA WITH ADDITION OF ITEM 8.3 WHICH IS A CLOSED SESSION ON A PERSONNEL MATTER. >> ALL RIGHT. I HAVE A MOTION AND AN APPROPRIATE SECOND FROM MR. ARP. ANY DISCUSSION ON THE MOTION? ASK FOR YOUR VOTE, PLEASE? WE'RE ADDING 8.3. ARE YOU OKAY WITH THAT? THANK YOU. THAT WAS UNANIMOUS, EVENTUALLY. THAT'S GREAT. OKAY, WE'LL MOVE NOW TO ITEM 4, FIVE. CONSENT AGENDA. >> MR. MAYOR, I WOULD LIKE TO MOVE THAT WE PULL ITEM 5.3 FOR A SEPARATE VOTE FROM THE CONSENT AGENDA. >> AND APPROVE INREST. >> AND APPROVE THE REST OF THE CONSENT AGENDA. >> IS THERE A SECOND TO NAT THAT MOTION? THANK YOU, MR. ARP. ANY CHANGES TO THE CONSENT AGENDA. MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF 5.3. LET ME ASK FOR YOUR VOTE ON THAT. THAT'S UNANIMOUS. AND NOW WE WILL MOVE TO ITEM 5.3, WHICH IS APPROVAL OF THE MEDIATED SETTLEMENT AGREEMENT IN THE MATTER OF THE CITY OF FAYETTEVILLE VERSUS JACQUELINE PFENDLER. AND WE NEED A MOTION ON THE FLOOR FOR A VOTE. >> MOTION TO APPROVE. >> I HAVE A MOTION TO APPROVE. IS THERE A SECOND TO MS. APPLEWHITE'S MOTION? THANK YOU, MR. HAIRE. I HAVE A MOTION AND AN APPROPRIATE SECOND. ANY DISCUSSION OF THE MOTION? MAY I ASK FOR YOUR VOTE, PLEASE. THAT MOTION CARRIES. IN OPPOSITION, MR. CRISP, MR. BATES, AND MR. FOWLER. WE'LL MOVE NOW TO ITEM 6 WHICH IS TONIGHT'S PUBLIC HEARINGS AND LET ME GIVE THE DIRECTIONS FOR THOSE. FIRST OF ALL, EACH SIDE WILL HAVE A TOTAL OF 15 MINUTES TO PRESENT YOUR POSITION WHETHER YOU ARE FOR OR AGAINST. INDIVIDUAL SPEAKERS WILL HAVE THREE MINUTES TO SPEAK, UNLESS BY PREVIOUS ARRANGEMENT A SINGS SPOKESMAN IS DESIGNATED. WHEN YOU HEAR THE BEEP AND SEE THE LIGHT CHANGE FROM GREEN TO YELLOW THAT MEANS THERE ARE APPROXIMATELY 30 SECONDS LEFT OF THE FLEA MINUTES. WHEN -- THREE MINUTES. WHEN YOU SEE THE LIGHT CHANGE FROM YELLOW TO RED YOUR TIME HAS EXPIRED. WE ASK WHEN YOUR NAME IS CALLED, COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS LOUDLY FOR THE RECORD. WE'LL BEGIN WITH ITEM 6.1. WELCOME, MR. HARMON. >> FIRST CASE WE HAVE TONIGHT IS P11-47F. A PUBLIC HEARING AGAIN. THE REQUEST IS TO GO FROM AN SF-10 SINGLE-FAMILY DISTRICT TO AN LC LIMITED COMMERCIAL DISTRICT. PROPERTY LOATHED AT 1520 HOPE MILLS ROAD JUST A LITTLE OVER 1.5 ACRES. AS WE GET INTO THIS CASE, YOU WILL NOTE THAT THAT IS A 2011 DESIGNATION ON THIS ONE, AND THE REASON FOR THAT IS AT THE TIME OF THIS CASE COMING BEFORE THE ZONING COMMISSION, THE CITY WAS ALSO INTERESTED IN THIS PROPERTY FOR FIRE STATION ON HOPE MILLS ROAD, AND SO IT KIND OF WENT INTO A, A LULL WHILE THAT WAS BEING WORKED ON FOR A LITTLE BIT, AND SINCE THAT NEVER CAME TO BE, THE OWNERS HAVE COME BACK NOW AND ARE ASKING FOR THIS TO BE HEARD BY COUNCIL. THE PROPERTY IS LOCATED AS YOU CAN SEE HERE ON HOPE MILLS ROAD. IT IS IN AN INTERSECTION THAT'S CURRENTLY VACANT PIECE OF PROPERTY. AT ONE TIME THERE WAS A HOME ON THE PROPERTY. THERE ISN'T ONE ANYMORE. THOSE HAVE LIMITED COMMERCIAL ZONING HERE TO THE NORTH AND SOME HERE TO THE EAST AS WELL. THE PROPERTY TO THE WEST BEHIND THIS AND TO THE SOUTH ACROSS THE STREET ARE BOTH SF-10 STILL. AND AGAIN CURRENTLY LOW DENSITY RESIDENTIAL THROUGH MOST OF THIS AREA. SOME COMMERCIAL USES THEY ARE VERY LOW DENSITY IN THIS AREA AS WELL. OUR HOPE MILLS LAND USE PLAN THE BLUE AREAS YOU SEE HERE ARE DESIGNATED IF THE -- IN THE PLAN AS OFFICE AND INSTITUTIONAL AREAS. THOSE -- WHAT WE HAVE IS A BIGGER LOTS WITH THE OFFICE AND INSTITUTIONAL, AND THEN DOWN HERE TO THE SOUTH, YOU SEE THE TWO DIFFERENT COLORS OF BLUE, AND WHAT THAT WAS WAS IN THE HOPE MILLS PLAN. A NOTE WAS TAKEN THAT IN A LOT OF THESE CASES WERE TOO SMALL OR WOULD MAKE VERY HARD TO BE ABLE TO USE THESE INDIVIDUALLY AS OR AS OFFICE OR COMMERCIAL USES AND THAT AT SOME POINT THIS SPACE IN THE BACK MAY BE NEEDED TO CONVERT OVER TO OFFICE AS WELL. THE PINK YOU SEE ACROSS THE ROAD IS LIGHT COMMERCIAL, AND THEN LOW DENSITY RESIDENTIAL IN THE YELLOW AREAS OUTSIDE OF THESE. THE ZONING COMMISSION AND STAFF HAD RECOMMENDED A MORE RESTRICTIVE O&I DISTRICT OTHER THAN THE LC REQUESTED BY THE APPLICANT. THAT WAS BASED ON THE PROPERTY BEING AT THE ENTRANCE TO A RESIDENTIAL DEVELOPMENT. THAT THE HOPE MILLS LAND USE PLAN CALLS FOR OFFICE USE ON THIS PROPERTY. AND THAT TWO SIDES OF THE PROPERTY ARE ZONED FOR SINGLE FAMILY RESIDENTIAL. I WILL MAKE NOTE AS WELL. I NOTED A WHILE AGO THAT THE ZONING TO THE NORTH OF THIS PROPERTY WAS LC DIRECTLY TO THE NORTH, AND A LOT OF THAT WAS DONE PRIOR TO THE HOPE MILLS ROAD PLAN COMING INTO EFFECT. BUT ARE THERE ANY QUESTIONS OF STAFF BEFORE YOU OPEN YOUR PUBLIC HEARING? >> NOT AT THIS TIME, SIR. >> THANK YOU, MR. MAYOR. >> MADAM CLERK, WE'LL OPEN THE PUBLIC HEARING. >> YES, SIR. I JUST HAVE ONE SPEAKER. MR. GREGORY, AND HE IS THE DESIGNATED SPOKESPERSON FOR THIS ITEM. >> MR. MAYOR, MEMBERS OF THE COUNCIL, I'M RANDY GREGORY, ATTORNEY. I'M HERE ON BEHALF OF THE OWNER OF THE PROPERTY. SHE'S ELDERLY LADY WHO ACTUALLY IS IN A NURSING HOME, AND HER DAUGHTER DEBRA STONE WHO IS THE LADY RIGHT HERE AND HER HUSBAND, THEY HAVE TRYING TO REZONE IT BECAUSE REALLY WHAT THEY WANT TO DO IS SELL IT BECAUSE IN TURN THEY NEED THE MONEY TO KEEP HER MOM IN THE NURSING HOME IS WHAT THEY ARE TRYING TO DO AND HAVE BEEN TRYING TO DO. THIS REZONING PROPOSAL STARTED IN MID-2011 PROBABLY JULY. MR. STONE GOT THE DOCUMENTATION AND FILLED OUT IT ALL AND WORKING WITH THE STAFF DID NOT BELIEVE THERE WOULD BE ANY SERIOUS PROBLEMS WITH THE REZONING BECAUSE THAT'S WHAT'S ADJACENT TO IT. AND YOU LOOK UP GOING UP HOPE MILLS ROAD TOWARDS RAEFORD ROAD THERE ARE AT LEAST TWO ADJACENT PIECES THAT'S LC, AND ACROSS THE STREET, EVERYTHING THERE IS LC. THIS AREA WHERE ANDY ANDERSON MOVING AND STORAGE IS AND OTHER BUSINESSES LIKE THAT RIGHT ACROSS THE STREET FROM IT. AND THEY REALLY WAS SURPRISED WHEN THEY CAME TO THE PLANNING BOARD AND FOUND THAT THE RECOMMENDATION WAS GOING TO BE FOR O&I, AND OF COURSE THAT'S WHAT WAS RECOMMENDED AT THE PLANNING BOARD. AND THEY APPEALED TO THIS. APPROXIMATELY A MONTH AFTER THEY LOST AT THE PLANNING BOARD THEY GOT CONTACTED AT THE CITY ABOUT INTEREST IN BUYING THE PROPERTY TO PUT A FIRE DEPARTMENT ON IT, AND THAT WAS SUPPOSEDLY WAS GOING TO BE A COMBINATION OF THE LAFAYETTE VILLAGE AND THE CUMBERLAND FIRE DEPARTMENT, A MERGER. AND SO THAT'S WHEN THEY CAME TO SEE ME BECAUSE THEY FELT LIKE THEY JUST FELT BAD THEY HAD COME HERE TO GET AN LC, BELIEVED THAT WAS GOING TO HAPPEN, GOT TURNED DOWN, THEN GOT CONTACTED BY ANOTHER DEPARTMENT ONLY TO BUY THE PROPERTY. AND SO WHEN THEY CAME TO SEE ME, I DIDN'T THINK THERE WAS ANY SHENANIGANS. I THOUGHT IT WAS SOMEBODY DOING SOMETHING ELSE AND ONE NOT KNOWING AND I SAID LET'S JUST CONTINUE ON AND SEE IF WE CAN SELL IT TO THE CITY FOR THE FIRE DEPARTMENT. THAT'LL BE FINE. WE'LL NEGOTIATE IT. GET AN APPRAISAL ON THE PROPERTY AS IT'S AN LC. THEY SIGNED ALL THE PAPERS, THE CITY CAME, WE WENT OUT THERE, DID ALL OF ITS WORK ABOUT, WHATEVER THEY WERE GOING TO DO, AND LATER CONTACTED MS. STONE AND NOTIFIED HER THEY WERE NO LONGER INTERESTED IN PUTTING A FIRE DEPARTMENT THERE. AND SO THAT'S HOW WE'VE BEEN -- GOT ON THE AGENDA HERE TO CONTINUE WITH THE REZONING. EVERYTHING'S BEEN ON HOLD SINCE THEN. THE, I READ THE REASONS AND IT'S PUT UP ON THE BOARD THERE ABOUT WHY THE O&I WAS RECOMMENDED VERSUS THE LC, AND IF YOU STUDY THE CITY CODE FOR THE LC AND O&I, MANY, MANY OF THE SAME MATTERS ARE THERE. I THOUGHT IT WAS INTERESTING THAT IN AN O&I, YOU CAN MAKE THIS PROPERTY A LAND FILL AND PUT DUMPSTERS AND THINGS ON IT. NOW, IF YOU'RE CONCERNED ABOUT WHAT GOES ON AT THE ENTRANCE TO A NEIGHBORHOOD, AND THAT'S WHAT THEY SAID, WHY WOULD YOU WANT TO PUT IT -- SAY YOU COULD PUT A LANDFILL THERE. AND THEY'RE NOT DOING ANYMORE ON WHAT THEY'RE ASKING TO DO THAN WHAT THE ADJACENT PROPERTY IS. THERE IS A HOUSE ON THE PROPERTY IT'S WHERE MS. STONE'S MOTHER LIVED UNTIL SHE WENT TO THE NURSING HOME AND THEN HER DAUGHTER LIVED THERE FOR A PERIOD OF TIME AND IT'S STILL ON THE PROPERTY. THE -- IT IS IT DOES HAVE SF ON TWO SIDES OF IT, BUT IT'S GOT LC ON TWO SIDES ALSO. AND IF YOU ARE CONCERNED ABOUT THE TRAFFIC AT THE PLANNING BOARD, THE STAFF ASKED MR. STONE CAN YOU REBUT THE ISSUE ABOUT WHETHER OR NOT THERE IS GOING TO BE ANYMORE TRAFFIC THERE AND HE SAID WE WILL TRY TO BE CONCERNED ABOUT WHO WE SELL IT TO BUT CERTAINLY AFTER WE SELL IT WE DON'T HAVE ANY CONTROL OVER IT. BUT IF YOUR GOAL, IF YOU'RE CONCERNED ABOUT THE ENTRANCE TO A NEIGHBORHOOD, WHAT IS MORE UBSTRUSIVE -- OBTRUSIVE THAN A SIREN GOING OFF AT A FIRE DEPARTMENT IF YOU PUT A ROAD THERE. IF A SIREN GOES, I DON'T SEE HOW REALISTICALLY ANYTHING CAN BE MUCH WORSE THAN THAT, NOT THAT YOU DON'T TO HAVE THE FIRE DEPARTMENT BUT I HAVE LIVED ADJACENT TO A FIRE DEPARTMENT AND I KNOW WHAT IT CAN DO AT 3:00 IN THE MORNING. AND THAT'S WHAT YOU'RE TALKING ABOUT AND PARTICULARLY YOU'RE TALKING ABOUT DOWN IN TIME ALL THAT ROAD OF PROPERTY ALONG HOPE MILLS ROAD IS GOING TO CHANGE. IF YOU GO PALLY VERDE AND COUNT THE HOUSES, OUT OF 21 OR 22 OF THEM, 15 OF ARE NOW BUSINESSES OR ONE FORM OR FASHION OR THEY HAVE BEEN BUSINESSES. THEY'RE EMPTY BUT FOR RENT SIGNS ON THEM. WE ARE NOT TRYING TO CHANGE ANYTHING BUT WE ARE TRYING TO DO EXACTLY WHAT THE ADJACENT PROPERTY IS AND WE APPRECIATE YOUR SUPPORT. THANK YOU. >> THANK YOU, SIR. >> AND I HAVE -- IF THERE ARE ANY QUESTIONS. >> LET ME CLOSE THE PUBLIC HEARING. LET ME SEE IF THERE ARE ANY QUESTIONS. >> SIR, WE HAVE NO FURTHER SPEAKERS. >> ALL RIGHT, WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN ANY QUESTIONS. WE'LL V -- HAVE A FEW. MR. FOWLER, I -- MR. CRISP, MS. APPLEWHITE. >> MR. HARMON? >> YES, SIR,. >> I'M JUST A LITTLE CURIOUS ABOUT THE CONCERN ABOUT IT BEING ADJACENT TO AN SF' 10 BECAUSE I AM LOOKING ACROSS THE SITE AND IF YOU GO BACK TO THE DIAGRAM THAT HAD THE PLAN >> WHICH ONE ARE YOU LOOKING FOR? >> THE ONE THAT SHOWED THE HOPE MILLS ROAD PLAN. I'M LOOKING OVER HERE AT THE PINK OR WHATEVER COLOR OR MAGENTA OR WHATEVER IT IS AND I AM TRYING TO FIGURE OUT WHAT'S THE DIFFERENCE WITH BACKING UP TO SF-10 ON THAT SIDE OF THE ROAD AND BACKING UP TO SF-10 ON THE SIDE OF OF THE ROAD WHERE THEY'RE ASKING ABOUT IT. >> THE ONLY DIFFERENCE IS THAT WHEN THE PLAN WAS PUT INTO PLACE THAT'S WHAT CITY COUNCIL ADOPTED THAT SIDE WOULD BE LOW DENSITY COMMERCIAL, THE PINK SIDE, AND THE OTHER SIDE WOULD BE THE OFFICE AND INSTITUTIONAL. I THINK WHEN YOU'RE OUT THERE, WHAT YOU'LL SEE IS MAINLY THAT LEFT-HAND SIDE IS A SIDE WHERE YOU'VE GOT MOST OF THE RESIDENTIAL STRUCTURES AND THE RIGHT-HAND SIDE IS WHERE THERE ARE ACTUAL COMMERCIAL BUILDINGS. >> OKAY, BUT THOSE SITES, THOSE SITES THAT ARE ADJACENT TO IT AND LC, ARE YOU SAYING AT SOME POINT IN TIME THOSE ARE GOING TO BE DOWN ZONED TO -- >> NO. >> O&I. >> I'M NOT SAYING THAT. THAT'S COMPLETELY UP TO COUNCIL OR THE OWNERS OF THOSE PROPERTIES IF THEY WANT TO BRING THEM IN. WE DON'T HAVE ANY PLANS TO, YOU KNOW, BRING THAT BEFORE COUNCIL. WHAT I AM SAYING IS THOSE KIND OF PROPERTIES ARE A LOT OF WHAT PROMPTED THINGS LIKE THE HOPE MILLS ROAD PLAN. THEY WERE DONE BEFORE THE PLAN WAS PUT IN PLACE, AND THAT'S KIND OF THE LITTLE HOUSES GETTING DEVELOPED COMMERCIALLY AND STUFF IS WHAT PROMPTED THE COUNCIL TO WANT THAT PLAN ADOPTED. >> ALL RIGHT, SO BUT, ARE YOU CONCERNED THEN THAT THIS WOULD BE ANOTHER HOUSE PUT IN THERE AND TURNED INTO COMMERCIAL? >> I DON'T THINK THAT IN THIS CASE THERE WOULD BE A HOUSE THERE. THIS BEING ONE OF THE BIGGER PROPERTIES AS YOU CAN SEE IN THAT AREA, I THINK THERE'S MORE OF A CONCERN OF WHAT TYPE OF COMMERCIAL WOULD END UP IN THAT AREA, ESPECIALLY WITH IT BEING AN ENTRANCE INTO A NEIGHBORHOOD. >> IS IT POSSIBLE TO HAVE A STIPULATION ON, I DON'T KNOW, WHETHER OR NOT BECAUSE I'M, STILL THE NEW KID ON THE BLOCK, WOULD IT BE POSSIBLE TO PUT A STIPULATION THAT THERE COULDN'T BE AN ENTRANCE OFF THE OTHER THAN OFF OF HOPE MILLS ROAD? >> TO ALLEVIATE SOME OF THOSE CONCERNS? >> WE COULDN'T PUT CONDITIONS ON IT AT THIS POINT BECAUSE IT'S NOT REZONING. >> OKAY, ALL RIGHT. THANK YOU. >> AND NOT KNOWING WHAT USE MIGHT GO THERE HAMPERS DOING SOMETHING LIKE THAT AS WELL. >> ALL RIGHT, THANK YOU. >> MR. CRISP. >> MR. HARMON, PUT THE OTHER DIAGRAM ON THE SCREEN THAT YOU HAD THERE. >> THE AERIAL PHOTO OR? >> YES, THE AERIAL. >> THIS ONE? >> THAT ONE. NOW, AS I'M LOOKING FOR THIS, I SEE RESIDENTIAL TO THE WEST AND TO THE SOUTH. >> CORRECT. >> AND LIMITED COMMERCIAL TO THE NORTH AND TO THE EAST. >> CORRECT. >> AND IT LOOKS LIKE -- HOW DID YOU COME -- WHAT CAN -- WHAT CAN LIMITED COMMERCIAL BUILD? AND WHAT CAN O & I BUILD? >> O&I IS PRIMARILY OFFICE USE. OFFICE AND INSTITUTIONAL. >> AND LIMITED COMMERCIAL CAN BE BUSINESSES OF ASSORTED KINDS, RIGHT? >> IT CAN BE. >> OKAY. >> I HEARD -- I GOT AN INCLIINATION THAT THE OWNERS WERE CONCERN SAID -- CONCERNED THAT ONCE THEIR ZONING REQUEST WAS TURNED DOWN, SHORTLY THEREAFTER THE CITY MADE AN OPPORTUNITY TO BUY FROM THEM. HOW DID WE COME TO THAT COINCIDENCE? >> IT ACTUALLY WAS COMPLETELY COINCIDENTAL. I HAD NO IDEA THAT WE WERE EVEN LOOKING FOR A FIRE STATION ON HOPE MILLS ROAD. WHAT BROUGHT IT TO MY ATTENTION IS AFTER THE REZONING HAD OCCURRED, SOMEONE FROM OUR REAL ESTATE DEPARTMENT CAME TO ME AND SAID, YOU KNOW, DID Y'ALL JUST TRY -- IS THERE A PROPERTY HERE THAT'S, YOU KNOW, GOING THROUGH THE REZONING PROCESS? AND I SAID YEAH, THEY GOT, ZONING COMMISSION RECOMMENDED O&I. IT'S PROBABLY A WEEK OR TWO AFTER SOMEWHERE IN THAT NEIGHBORHOOD. AND THEY SAID, WE'RE WANTING TO KNOW -- IT AS A FIRE STATION AND WANTED TO NEGOTIATE IT WITH THEM. AND AT THAT POINT, THAT'S REALLY THE ONLY CONTACT I HAD WITH BOTH OF THE TWO ISSUES. I DIDN'T KNOW ANYTHING AT THAT POINT AND AS FAR AS I KNOW THEY WENT INTO SOME TYPE OF NEGOTIATION FOR A WHILE ABOUT THE PROPERTY. >> I'M LOOKING AT THIS AERIAL MAP AND ALL OF THESE COMMERCIAL PROPERTIES IN WHICH THEY CAN BUILD ALMOST ANY KIND OF BUSINESS ON HOPE MILLS ROAD. ALL RIGHT, THANK YOU. THANK YOU SO MUCH. >> MS. APPLEWHITE. >> THANK YOU, MAYOR. MY QUESTION IS TO THE ATTORNEY. >> I'M SORRY, SIR. YOUR NAME. >> MR. RANDY GREGORY. >> MR. GREGORY. SO CURRENTLY THE PROPERTY IS RESIDENTIAL. >> YES, MA'AM. >> CAN I ASK, WHY IS THERE INTEREST IN REZONING IT PRIOR -- I AM GOING TO ASSUME YOU ARE TRYING TO SELL IT. >> YES, MA'AM, BECAUSE I'M TRYING TO SELL IT, IT'S MORE REALISTIC TO TRY TO SELL AND GET A BETTER VALUE ON IT FOR LC THAN RESIDENTIAL. THE RESIDENTIAL AREAS OUT THERE ALONG THE WAY ARE NOT VERY SOUGHT AFTER. IF YOU LOOK OVER THERE, ALL THE RES DNSES THERE ARE TURNED -- RESIDENCES ARE TURNED INTO BUSINESSES OR THEY ARE RUN DOWN HOUSES LIKE TALKING ABOUT ALONG THE FRONT THERE. IN TIME THESE HOUSES ARE REALLY GOING TO BECOME BUSINESSES. THAT'S WHAT SHOWED ON THE HOPE MILLS THERE AND IF YOU LOOK AT WHAT YOU CAN DO WITH O&I, VERSES LIMIT COMMERCIAL, O&I IS FAR MORE THAN JUST OFFICES. IT'S A WHOLE LAUNDRY LIST OF THINGS YOU CAN DO THERE. AND UNDER THE COMMERC, ONE OF THEM IS PUT IN A LANDFILL. >> CAN YOU TELL ME, NOT SPECIFICALLY, PERHAPS THIS PROPERTY BUT PERHAPS THE DIFFERENCE IN VALUE BETWEEN THE VALUE AND O&I ON THAT CORRIDOR. I'M SURE -- >> RATHER WHERE -- OUR PROPERTY IS THERE, THE PEOPLE NEXT DOOR, WHICH IS LC, CONTACTED BY PEOPLE ABOUT BUYING THE PROPERTY. LC IS WHERE I BELIEVE IT'S MHR -- IS THERE. IT USED TO BE A DENTAL -- I MEAN A DENTURE PLACE. A HOUSE THERE. THE LADY WHO OWNS IT NOW CONTACTED US SOMETIME AGO TO SEE IF WE WERE SERIOUS ABOUT SELLING IT AND MY PEOPLE SAID RIGHT NOW I AM TRYING TO GET IT REZONED. BUT ALONG THE CORRIDOR THERE, WE HAVE ALL THESE LCs. SOMEBODY MIGHT COME OF COURSE IN IN TIME AND -- BUT CERTAINLY COMMERCIAL PROPERTY HAS MORE VALUE THAN RESIDENTIAL. PARTICULARLY ON, IN THAT LOCATION. >> YES, MA'AM, THANK YOU. >> MR. HARMON, WHAT ZONING WOULD IT TAKE TO PUT A FIRE STATION ANYWHERE. WHAT IS THAT ZONED? >> YOU CAN DO IT IN THE O&I DISTRICT OR THE COMMERCIAL DISTRICTS AS WELL. I BELIEVE EVEN SOME OF OOUR RESIDENTIAL DISTRICTS ALLOW FOR IT UNDER SPECIAL CIRCUMSTANCES. >> SO IT COULD -- A FIRE STATION COULD GO IN O&I? >> YEAH. >> OKAY, ALL RIGHT. THANK YOU. >> ANY OTHER QUESTIONS? OKAY, MR. CRISP. >> MR. MAYOR, I MOVE TO APPROVE THE REQUEST TO REZONE THIS PROPERTY TO LIMITED COMMERCIAL. >> SECOND. >> OKAY, I HAVE A MOTION AND A SECOND BY MR. FOWLER. DISCUSSION OF THE MOTION? OKAY, LET ME ASK FOR YOUR VOTE, PLEASE. THAT'S UNANIMOUS. THANK YOU. COUNCIL, WE WILL MOVE NOW TO ITEM 6.2. MR. HARMON? >> MR. MAYOR, IF WE CAN GET EVERYONE FOR THIS AND THE NEXT, THE, FOR OUR SPECIAL USE PERMITS TO -- YEAH. >> MR. GOURDEN ROSE AND LONI PLAYER. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. SO HELP YOU GOD? >> I DO. >> NEXT CASE WE HAVE BEFORE YOU TONIGHT IS P13-01F. THIS IS SPECIAL USE PERMIT FOR RETAIL ESTABLISHMENT GREATER THAN 2500 SQUARE FEET IN THE NC OR NEIGHBORHOOD COMMERCIAL DISTRICT. PROPERTIES LOCATED ON BONANZA DRIVE, AND THE PROPERTY SIZE IS 1.25 ACRES. GET AN IDEA OF WHERE THIS PROPERTY IS LOCATED ON BONANZA, WE DO HAVE THE SCHOOL AND THE CITY RECREATION DEPARTMENT OR FACILITY BEHIND THIS PROPERTY. DOWN THE STREET ON BONANZA DRIVE THERE IS A GROCERY STORE DEVELOPMENT HERE, AND BESIDE THE PROPERTY IS A DAY CARE CENTER. AND ACROSS THE ROAD IS SINGLE FAMILY RESIDENTIAL, SF-10. EVERYTHING GOING SOUTH FROM THIS PARTICULAR PROPERTY IS EITHER NC OR O&I. THE DAY CARE BEING PARTIALLY ZONED O&I AND EVERYTHING ELSE. THE NEIGHBORHOOD COMMERCIAL DISTRICT. AS YOU CAN SEE, A LOT OF UNDEVELOPED PROPERTY IN THIS BACK AREA. ALONG THIS PARTICULAR PROPERTY AND SCHOOL PROPERTY HERE TO THE NORTH. A LAND USE PLAN CALLS FOR MEDIUM USE DENSITY. AND THE GREEN BEING FACILITIES, SCHOOL FALLS INTO THAT. THE ZONING OBVIOUSLY DOES NOT REFLECT THE -- THE CURRENT ZONING DOES NOT REFLECT WHAT THE LAND USE PLAN SHOWS FOR THAT AREA. THAT IS I BELIEVE REZONED IN THE COUNTY PRIOR TO IT COMING INTO THE CITY. AN EXPLANATION OF THIS PARTICULAR PROJECT SINCE WE HAVEN'T HAD ONE QUITE LIKE THIS, IN THE RETAIL DISTRICT ANYTHING 2500 SQUARE FEET OR BIGGER REQUIRES A SPECIAL USE DISTRICT, AND ON TOP OF THAT, IT ALSO REQUIRES THAT THE DESIGN OF THIS PARTICULAR BUILDING MIMICS MORE THAN ONE ESTABLISHMENT. WHICH MEANS IT HAS TO HAVE MORE THAN ONE BUILDINGS BUT IT GIVES THAT FEEL OF BEING A SMALLER THAN WHAT IT ACTUALLY IS MAYBE. THIS IS A PICTURE OF THE PROPERTY FROM BONANZA DRIVE. THIS IS ANOTHER PICTURE OF THE PROPERTY. THIS IS LOOKING TOWARD THE SCHOOL SITE. THIS IS A GROUPING OF TREES ON THE SCHOOL PROPERTY TO SEPARATE THE TWO. AND THEN THIS IS THE PLAN THAT IS COMING BEFORE YOU TONIGHT. THE DEVELOPER HAS BEEN BEFORE THE TRC A FEW TIMES TO GET HIS PLAN ON LEVEL. YOU SEE, WE'VE GOT BOTH FENCING AND A -- AND LANDSCAPING HERE ALONG THE SCHOOL SIDE HERE AND THEN AGAIN ALONG THE BACK SIDE OF WHICH IS BORDERING ON THE RECREATION CENTER. THERE WILL BE A SMALL RETENTION HERE IN THE BACK. AND THEN WE HAVE GOT SINCE WE'VE GOT THE DAY CARE AREA HERE TO THE SOUTH. MORE SHRUBBERY AND HEDGING ALONG THAT BORDER AS WELL. EVEN THOUGH THEY'RE NOT REQUIRED TO ACTUALLY DO THAT. THEY'RE GOING ABOVE ON THAT PARTICULAR THING. AND THEN THE STREETSCAPING OUT HERE. ONE OF THE THINGS THE NC DISTRICT DOES REQUIRE IS THAT THE BUILDING BE PULLED UP CLOSER TO THE ROAD AND YOU CAN SEE THEY ARE CLOSER TO BONANZA DRIVE THAN YOU WOULD TYPICALLY SEE -- THIS IS A DOLLAR GENERAL. THAN WHAT YOU WOULD TYPICALLY SEE OF THAT. AND THEN THIS GIVES YOU AN IDEA OF THE FACADE THAT THEY'RE LOOKING, THIS HERE AT THE TOP RIGHT IS PROBABLY THE ONE TO LOOK AT THE MOST. THAT IS THE FRONT FACADE THAT WOULD FACE BONANZA DRIVE AND AS YOU CAN SEE LIKE I SAID BEFORE HOW THEY'VE GOT THE EXTRA WINDOWS AND SEPARATED TO WHERE IT KIND OF GIVES YOU A FEEL IF YOU'RE RIDING DOWN THE ROAD THAT THESE ARE TWO SEPARATE RETAIL STORES EVEN THOUGH IT IS JUST ONE DOLLAR GENERAL THERE. AND THE APPLICANT HAS WORKED WITH THEIR TRC QUITE A BIT TO, TO GET A CHANGE IN DESIGN TO DOLLAR GENERAL'S TYPICAL LOOK, AND SO THIS WILL HAVE, THIS LOOK DOES MEET ALL OF THE REQUIREMENTS OF THE UDO IF APPROVED. THE ZONING COMMISSION AND STAFF HAD RECOMMENDED APPROVAL OF SPECIAL USE PERMIT. WITH CONDITIONS. THOSE CONDITIONS BEING ATTACHED SITE PLAN AND BUILDING ADDITION. THE SUP APPROVAL IS BASED ON PROPERTY BEING CURRENTLY ZONED COMMERCIAL. IT DOES HAVE COMMERCIAL AND EDUCATIONAL ACTIVITY ON THREE SIDES. AND THE SUBSTANTIAL NATURAL BUFFER EXISTS BETWEEN THIS PROPERTY AND THE SCHOOL'S ENTRANCE. ARE THERE ANY QUESTIONS OF STAFF BEFORE WE OPEN THE THE PUBLIC HEARING. >> NOT AT THIS TIME, SIR. >> THANK YOU. >> MADAM CLERK? >> MAYOR, WE JUST HAVE ONE SPEAKER, MR. GORDON A. ROSE. >> MR. MAYOR, MEMBER OF COUNCIL, GORDON ROSE REPRESENTING CARL SIGN ENGINEERS, 104 GILLESPIE STREET HERE IN FAYETTEVILLE. I THINK MR. HARMON HAS LAID OUT THE DETAILS OF THE PLAN FAIRLY WELL SO I WON'T GO INTO THAT ANYMORE. WE HAVE OVER THE PAST TWO AND A HALF MONTHS MET WITH STAFF, WE HAVE MET WITH THE TECHNICAL REVIEW COMMITTEE AT LEAST TWICE GOING OVER OUR PLAN, WE'VE MADE A NUMBER OF CHANGES TO THE PLAN TO MEET THE REQUIREMENTS OF THE UDO. WE HAVE GOTTEN I BELIEVE THE FINAL APPROVAL OF THE LANDSCAPING AND STORMWATER AS OF JUST THIS AFTERNOON. UPON APPROVAL OF THE SPECIAL USE PERMIT WE WILL BE SUBMITTING FINAL PLANS FOR TECHNICAL REVIEW PERMITTING AND APPROVAL. THERE'S REALLY NOTHING ELSE I HAVE TO ADD TO THAT BUT I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. THANK YOU. >> THANK YOU, MR. ROSE. THANK YOU FOR COMING, SIR. >> SIR, WE HAVE NO FURTHER SPEAKERS. >> OKAY, WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN QUESTIONS. MR. HAIRE? >> NO. MAKE A MOTION, SIR. >> ALL RIGHT. I HAD A QUESTION FIRST, SIR. WE WILL COME BACK TO YOU, MR. HAIRE. MR. CRISP? >> MR. HARMON? >> WHAT KIND OF FEED DID WE GET FROM THE RES DNSES IN THAT -- RESIDENCES IN THAT AREA? >> FEEDBACK FROM THE RESIDENCES? WE DIDN'T GET ANY. NO ONE SHOWED UP AT THE ZONING COMMISSION MEETING. I TAKE THAT BACK. THERE WAS ONE RESIDENT ACROSS THE ROAD THAT SHOWED UP AT HIS INTEREST WAS IN TURNING HIS PROPERTY INTO COMMERCIAL PROPERTY AND NOT, NOT ANYTHING AGAINST THIS PARTICULAR CASE. >> THANK YOU, MR. HARMON. >> MS. APPLEWHITE. >> JUST A QUICK QUESTION, MR. HARMON. YOU SAID THAT A SUBSTANTIAL NATURAL BUFFER EXISTS BETWEEN THE, WE DON'T HAVE THE -- WE DON'T HAVE THE PICTURE. >> THIS WOULD BE IT. >> ALL RIGHT, OKAY. >> WHEN THE CONSTRUCTION, WHENEVER STARTS, THAT IS ACTUALLY ON THE PLAN. >> THAT IS ACTUALLY ON THE SCHOOL'S PROPERTY. >> OKAY, GOOD. >> IT WOULD NOT COME DOWN. >> OKAY. >> AND IT'S IN AN AREA THAT THE WAY THAT THEIR DRIVE COMES IN, IT'S REALLY NOT PROPERTY THAT THEY WILL EVER BE ABLE TO USE UNLESS THEY CHANGE HOW THEY DRIVE THEIR ENTRANCES TO THE SCHOOL. >> OKAY. THANK YOU. >> OKAY, MR. HAIRE. >> THANK YOU, MAYOR, COUNCIL. I RECEIVE NO CALLS OR CONCERNS CONCERNING THIS APPLICANT AND MAKE A MOTION THAT WE APPROVE THE SUP WITH THE RECOMMENDED ADDITIONS. >> MOTION AND APPROPRIATE SECOND BY MR. ARP. MAY I ASK FOR YOUR VOTE, PLEASE. THAT'S UNANIMOUS. THANK YOU. MOVE NOW TO ITEM 6.3, P13-04F. MR. HARMON? >> THIS IS ANOTHER SPECIAL USE PERMIT REQUEST. THIS IS TO, FOR THE OPERATION OF A HEAVY AUTO REPAIR BUSINESS. THE BUSINESS IS LOCATED AT 5522 YADKIN ROAD. THE PROPERTY'S JUST OVER AN ACRE IN SIZE. BEFORE WE GET STARTED, I WILL MENTION THAT ONE OF THE CONSENT ITEMS THAT YOU APPROVED IN YOUR CONSENT PACKET WAS ALSO RELATED TO THIS PROPERTY. IT ROW ZONED THIS TO CC COMMERCIAL WHICH WAS THE FIRST STEP IN LOWING HEAVY AUTO REPAIR. THIS IS LOCATED ON YADKIN ROAD AGAIN. IT DOES BACK UP TO SINGLE-FAMILY RESIDENTIAL, BUT ALL OF THE PROPERTIES FRONTING YADKIN ROAD IN THIS AREA ARE CURRENTLY ZONED LC EXCEPT FOR NOW THIS PROPERTY BEING CC. A LITTLE BACKGROUND TO THIS. THIS IS AN EXISTING BUILDING. THERE ARE ACTUALLY TWO BUILDINGS ON THE PROPERTY. THE ONE HERE MORE TO THE NORTH IS THE GARAGE. IT IS EXISTING, IT HAS BEEN USED FOR, FOR THIS TYPE OF USE IN THE PAST. IT HAS BEEN OUT OF BUSINESS, HOWEVER, FOR MORE THAN A YEAR, SO THAT'S WHY THEY ARE UNABLE TO BE GRANDFATHERED IN IN THIS CASE. BUT NOW THE OWNER HAS SOME INTEREST IN IT AND SO HE'S TRYING TO MAKE IT A VIABLE PROPERTY ONCE AGAIN. AGAIN, AS YOU WOULD THINK, MOST OF YADKIN ROAD THERE IN THE RED, HEAVY COMMERCIAL ACTIVITY, THE YELLOW AREAS, SINGLE FAMILY OR LOW DENSITY RESIDENTIAL. THE LAND USE PLAN, COMMERCIAL THROUGHOUT THAT AREA. THIS PARTICULAR SIDE, THE LIGHTER PINK IS LOWER DENSITY COMMERCIAL, BUT IN THE CASE OF THIS, IT WAS AN EXISTING USE THERE. AND AS YOU'LL SEE, THIS IS A PICTURE OF THE GARAGE ITSELF. THIS IS THE FRONT AREA, AND I'LL SHOW YOU THIS BECAUSE ONE OF THE CONDITIONS STAFF IS RECOMMENDING IN A MINUTE IS TO ADD SOME SHRUBBERY TO THIS AREA, SO THAT GIVES YOU AN IDEA OF WHAT I'M TALKING ABOUT HERE IN A MOMENT. THIS IS JUST THE BACK SIDE OF THE GARAGE. AND THEN ON THE OTHER SIDE OF THESE TREES THE GERRIA -- AREA BETWEEN THIS PROPERTY AND THE TREES BEHIND IT. THESE TREES ARE ACTUALLY OWNED BY THIS PROPERTY AND NOT THE RESIDENTIAL PROPERTY. SO THAT GIVES YOU THAT IDEA AS WELL. AS I SAID THERE ARE CONDITIONS REM RECOMMENDED BY THE ZONING COMMISSION AND STAFF. AT THE ZONING COMMISSION MEETING, THEY HAD MADE A KIND OF JUMERIC RECOMMENDATION OF RETAINING THE VEGETATIVE BUFFER AT THE BACK OF THE PROPERTY TO CITY STANDARDS. TO MAINTAIN THE CURRENT SEPARATION BETWEEN THAT PROPERTY AND THE RESIDENTIAL A MINIMUM OF 10 FEET WIDE. STAFF IS SUGGESTING THAT BE CLARIFIED A LITTLE BIT, ONE, AND THAT'S' ACTUALLY THE POINT NUMBER TWO ON HERE UNDER THE ADDITIONAL CONDITIONS SUGGESTED BY STAFF. AND THAT WOULD BE TO MAINTAIN THE EXISTING VEGETATION ALONG THE REAR OF THE PROPERTY ADJACENT TO THE RESIDENTIAL AND ENHANCE IT AS NEEDED TO ESTABLISH AN EQUIVALENT TYPE D BUFFER. IT'S PROBABLY VERY CLOSE TO A TYPE D ALREADY WITH THE BIG OVERSTORY TREES THERE. GETTING IT TO TYPE D WOULD REQUIRE ADDITIONAL SCHURBY AND THINGS OF THAT NATURE. NUMBER ONE SUGGESTED CONDITION THAT STAFF DID ADD IN, WAS AS I MENTIONED A WHILE AGO, ADDING SOME SHRUBS. SPACED THREE FEET APART IN THE GRASSY ISLAND IN FRONT OF THE BUILDING. THAT WOULD PROBABLY BE FIVE OR SIX SHRUBS IN FRONT BUT WOULD ENHANCE THE LOOK OF YADKIN ROAD AND THE ENTRANCE TO THAT AS WELL. AND THEN THE THIRD POINT IS ACTUALLY ALTHOUGH WE'VE PUT IT AS A CONDITION, IT'S, IT IS ACTUALLY PART OF THE UDO THAT ANY OUTDOOR STORAGE OF VEHICLES WAITING TO BE REPAIRED IN OR SOME STAGE OF REPAIR MUST MEET ALL THE STANDARDS FOR SUCH UNDER UDO AND WHAT THAT MEANS IS IT'S SOMETHING MORE THAN AN OVERNIGHT WHERE THEY'RE PARKED THERE OVERNIGHT WAITING TO BE REPAIRED. IF IT'S LONGER TERM, THEN IT HAS TO BE FENCED IN WITH SOME TYPE OF FENCING TO WHERE YOU CAN'T SEE IT FROM THE ROAD ITSELF. THE PUBLIC ROAD. PAND THEN AGAIN, THIS IS A SPECIAL USE PERMIT. STAFF DOES RECOMMEND APPROVAL. BASED ON IT HAS BEEN REZONED TO THE CC. PRIOR TO THIS, CC FITS WITH THE PREVIOUS USES ON THE PROPERTY. PROPERTY HAS COMMERCIAL ZONING ON THREE SIDES. AND THERE IS THE EXISTING VEGETATIVE BUFFER ON THIS RESIDENTIAL PROPERTY AND THE LOTS BEHIND IT. AND THEN AS A REMINDER, YOU DO HAVE TO SEE THE EIGHT FINDINGS OF FACT IF YOU DECIDE TO APPROVE THIS. ARE THERE ANY QUESTIONS OF STAFF BEFORE YOU OPEN THE PUBLIC HEARING? >> WE HAVE ONE, SIR. MR. HURST? >> THANK YOU, MR. MAYOR, AND THANK YOU, MR. HARMON. WE DON'T HAVE THE SCREEN UP BUT WHERE WHERE THE WHITE TRUCKS ARE, THAT IS THE AREA CONDITION ITEM 2 ON TYPE D BUFFER. YOU SPECIFIED SHRUBS ON THE FRONT A LITTLE GRASSY ISLAND THREE FEET APART BUT YOU DON'T SPECIFY. WHAT WOULD IT REQUIRE TO MAKE IT EQUIVALENT TO A TYPE D BUFFER BETWEEN THE TALL PINES. >> YEAH, BECAUSE OF THE NUMBER OF PINES BACK THERE, THEY'VE ALREADY, YOU KNOW, THE BIGGER STORY TREES ARE CANOPY TREES ARE ALREADY THERE. I CAN'T RECALL RIGHT OFFHAND HOW MANY SHRUBS THAT IS. THERE IS A COUNT OF HOW MANY SHRUBS PER HUNDRED FEET THAT THEY WOULD HAVE TO PUT THAT IN. BUT MY APOLOGIES. I DON'T RECALL THE EXACT NUMBER RIGHT OFFHAND. >> SO IT WOULD SPECIFY THAT. YOU DON'T HAVE IT TONIGHT BUT IT DOES SPECIFY THAT. >> THE UDO SPECIFIES THAT. THAT'S WHY WE CALLED IT OUT AS A TYPE D BUFFER BECAUSE THAT'S SPECIFIED BY THE UDO. >> ALL RIGHT. THANK YOU, MR. HARMON. >> MR. CRISP. >> MR. HARMON, IS THERE A FENCE SEPARATING AS WE'RE LOOKING BETWEEN THOSE TRUCKS AND THE RESIDENCES BACK THERE, IS THERE A FENCE THERE NOW? >> THERE IS A FENCE IN PART OF IT AT LEAST. I'M NOT SURE THAT IT GOES THE ENTIRE LENGTH. I BELIEVE THE FENCES THAT ARE BACK THERE ARE FENCES THAT ARE PART OF THOSE RESIDENTIAL PROPERTIES. THEY'RE INDIVIDUAL ONES BUT NOT A FENCE THAT IS PART OF THIS PARTICULAR -- >> YOU MADE THE POINT THAT THE UDO SPECIFICALLY REQUIRES THAT IF A VEHICLE IS THERE FOR REPAIRS AND REMAINS OVERNIGHT, IT HAS TO BE FENCED IN FOR SECURITY REASONS AND WHAT HAVE YOU, RIGHT? >> WELL, NOT, NOT JUST -- IF IT'S JUST THERE OVERNIGHT, THAT'S ONE THING. BUT IF IT'S SOMETHING MORE -- I CAN'T REMEMBER. THERE'S A STANDARD. I DON'T REMEMBER HOW MANY DAYS, BUT IF VEHICLES ARE GOING TO BE THERE OVER A CERTAIN NUMBER OF DAYS, THEN YOU HAVE TO HAVE A FENCED IN AREA TO KEEP THOSE MAINLY, NOT SO MUCH FOR SECURITY. THE CITY'S LOOKING AT IT MORE OR LESS FROM A VISUAL IMPACT SO THAT YOU DON'T V A BUNCH OF CARS IN DISREPAIR. >> HEAVY OUGHT MOTIVE REPAIR BUSINESS WHICH GIVES THE IMPRESSION THAT VEHICLES MAY BE THERE THREE OR FOUR DAYS IF THERE ARE THERE WITH HEAVY DAMAGE OR HEAVY REPAIR WITH COMPLETE OVERHAUL OR ENGINE REPLACEMENT. CAN WE CAVEAT THESE TO REQUIRE ADDITIONAL BUFFER. >> BETWEEN AN ADDITIONAL BUFFER BACK THERE BETWEEN THE HOUSE -- >> BETWEEN THOSE HOUSES AND THE BUSINESS PROPERTY. >> YOU COULD REQUIRE THAT. IT IS SPECIAL USE PERMIT. AND SO CONDITIONS -- THAT'S UNLIKE REZONING, YOU CAN PUT CONDITIONS ON IT. LET ME GET CLEAR HERE. AT THE MOMENT, THE PROPOSAL, THOSE TREES WILL REMAIN AND SHRUBBERY WILL BE INTERSPERSED IN THOSE TREES AS WELL? >> THERE WILL BE. >> THANK YOU. >> MR. ARP? >> THANK YOU, MR. MAYOR. MR. HARMON. THE CITY ORDINANCE FOR STORAGE YARDS OF VEHICLES FOR WRECKER SERVICES, HOW DOES THAT COMPARE TO THIS REQUEST? BECAUSE IF I'M NOT WRONG, WE HAVE TIGHTENED UP THE FENCING REQUIREMENTS AND THE REQUIREMENTS TO PROVIDE A A VISUAL BARRIER FOR THOSE TYPES OF FACILITIES. WOULD THAT NOT APPLY TO A FACILITY LIKE THIS? >> THE SAME THING WOULD OR WILL IF THEY ARE DOING THE LONGER TERM -- LIKE I SAID, IF THEY ARE JUST -- IF A CAR IS JUST SITTING OUT THERE OVERNIGHT, THAT'S ONE ONE THING. IF IT'S MORE OF A STORAGE ISSUE, THEN YES. >> THAT BEGS THE QUESTION THEN. WHO'S GOING TO DETERMINE HOW LONG A CAR SITS OUT THERE? IS THAT SOMETHING AM CITY'S GOING TO DO. >> YES. IF IT COMES DOWN TO THAT, IF WE SEE THAT THERE'S AN ISSUE OUT THERE LIKE THAT, THAT CARS LOOK LIKE THEY'RE SITTING IN THE PARKING LOT IN DISREPAIR, THEN YES, OUR CODE ENFORCEMENT THEN WOULD TAKE OVER. >> I GUESS MY MAIN CONCERN IS I WANT TO MAKE SURE WE'RE EQUITABLE IN HOW WE ENFORCE THINGS LIKE THIS THAT WE'RE NOT, YOU KNOW, PUTTING ONE BUSINESS AT A DISADVANTAGE COMPARED TO ANOTHER. >> ABSOLUTELY. >> THANK YOU. >> MR. HAIRE? >> THANK YOU, MAYOR. I WAS GOING TO JUST INTERJECT A PRIVACY FENCE -- GO BACK, PLEASE, MR. HARMON, TO WHERE THE TRUCKS WERE. >> THERE WE GO. >> I WAS JUST GOING TO INTERJECT OR ADD THAT TO OUR EIGHT CONDITIONS. BECAUSE I'VE ALWAYS HAD THE CONCERN ABOUT COUNCIL ABOUT INDIVIDUALS WHERE IT'S SO EASY TO WALK FROM A RESIDENTIAL RIGHT INTO A COMMERCIAL AREA, ESPECIALLY, YOU KNOW. >> THIS IS THE QUESTION KIND OF TIME. WE NEED TO HAVE THE PUBLIC HEARING AND THEN PERHAPS DEBATE THE ISSUE. THIS WOULD BE THE TIME TO ASK. >> WELL, THEN MY QUESTION IS THEN, COULD, SINCE IT IS A SPECIAL USE PERMIT AS YOU JUST STATED, AND IF IT'S NO ONE -- I DON'T KNOW IF IT'S ANYONE REPRESENTING THE BUSINESS, WE COULD MAKE THE REQUEST FOR A PRIVACY FENCE THAT RUNS ALONG THE REAR THERE WHERE THE PROPERTY LINE IS? >> YOU COULD. >> MR. BATES. >> MR. HARMON, NOW THIS WAS AUTOMOTIVE SHOP IN PREVIOUS BEFORE IT SHUT DOWN FOR A YEAR. BUT IF THEY ARE GOING TO -- HOW ARE THEY GOING TO CONTAIN THE THE CONTANMENTS. IF THEY ARE PUSHING VEHICLES OUT AND IT'S LEAKING OR IF IT BLOWS A ROD THROUGH THE ENGINE OR WHATEVER IT DOES AND OIL AND TRANSITION FLUID OR RADIATOR FLUID, NEW CONSTRUCTION REQUIRES ALL THAT CONTAINMENT AREA BUILT UP. WHAT IS GOING TO PREVENT THESE FLUIDS FROM POSSIBLY FLOWING INTO THESE NEIGHBORS' BACKYARD? THERE'S NOTHING THERE TO STOP IT. >> RIGHT, LIKE I SAID, THIS IS A BUSINESS. IT HASN'T BEEN OUT OF BUSINESS TOO LONG. MAYBE A COUPLE YEARS OR SO, SO MOST OF THOSE REGULATIONS SHOULD ALREADY BE IN THIS BUILDING. I DON'T SEE -- THE ONLY WAY I COULD SEE SOMETHING LIKE THAT IS IF IF THEY DECIDE TO START STORING CARS IN THE BACK. >> WELL, THEY CAN'T DO THAT. >> WELL, THEY COULD IF IT'S FENCED IN AND STUFF. , AND THAT MAY BE A QUESTION OF THE APPLICANT AS WELL, YOU KNOW, HOW -- >> I THINK WE WOULD SAVE THAT. LET THE PUBLIC AND THEN LET THE APPLICANT ANSWER THOSE QUESTIONS. HOW THEY PLAN TO ACCOMMODATE THAT. >> AM I ASKING OTHER QUESTIONS? >> SURE. >> THEN YOU ARE SAYING IF THEY COULD STORE THOSE VEHICLES THERE, WHAT DO YOU MEAN LIKE STORAGE? LIKE A JUNKYARD STORES THEM AND PARTS THEM OUT OR JUST STORES THEM UNTIL THE MECHANIC CAN BRING IT INTO THE SHOP AND WORK ON IT? >> CORRECT. EVEN, I SAID, YOU KNOW, SHORT-TERM A MOMENT AGO, A DAYOY SO, A DAY OR TWO, THEY CAN BE OUT THERE. WITHOUT HAVING TO HAVE THE FENCED AREA. BUT I BELIEVE THERE IS A 90-DAY IF THEY SIT LONGER THAN 90 DAYS EVEN IF IT'S FENCED IN PRAWRNL AND ALL THAT, IF THEY ARE THERE LONGER THAN THAT THEN THEY HAVE TO MOVE THEM OUT BECAUSE THAT CONCERN RIGHT THERE. IT STARTS -- YOU START TO GETY MINI JUNKYARD INSTEAD OF AN AUTO REPAIR SHOP. >> ALL RIGHT, THANK YOU. >> THANK YOU, MAYOR. MR. HARMON, SO ON OUR CONSENT WE DID REZONING TO CC. >> YES, MA'AM. >> WHAT HAPPENED WHEN WE WERE TRANSLATING ALL OF THE ZONINGS TO THE NEW -- I WAS TRYING TO FIGURE OUT. THERE WAS AN AUTOMOTIVE LIKE BUSINESS THERE BEFORE. WHY DIDN'T IT TRANSLATE OVER WITH THE UDO AND WHY ARE WE REZONING IT NOW? >> WITH THE UDO, THOSE HEAVY AUTOMOTIVE USES. IT USED TO BE THAT ANY AUTO REPAIR WAS ALL LUMPED INTO THE SAME CATEGORY. >> OKAY. >> WHETHER YOU WERE JUST A PLACE THAT CHANGED BATTERIES AND TIRES OR YOU WERE A PLACE THAT BROKE DOWN ENTIRE ENGINES, TRANSMISSIONS, DID EVERYTHING. BODY WORK, PAINT, ALL THOSE WERE LUMPED INTO ONE CATEGORY. UNDER THE UDO, THOSE GOT SPLIT. AND THE HEAVIER AUTOMOTIVE WENT STRICTLY INTO HEAVY COMMERCIAL. >> THE PREVIOUS USE WASN'T HEAVY. >> THE PREVIOUS USE COULD'VE BEEN HEAVY BUT THE ZONING THAT IT HAD BEFORE WOULD HAVE FIT FOR EITHER HEAVY OR LIGHT. >> OKAY, BECAUSE IT'S A CATCH ALL. >> EXACTLY. >> SO MAYBE IN THE FUTURE IF WE COULD -- IF THERE IS A ZONING THAT IMPACTS THE CASE WE ARE GOING TO SEE, MAYBE IF WE DIDN'T HAVE IT ON CONSENT. I JUST DIDN'T CONNECT THE TWO, SO YOU KNOW, I'M SURE THERE'S A REASON WHY WE DID THAT BUT YOU KNOW. >> I'LL TELL YOU THE ONLY REASON WAS WE FOLLOWED COUNCIL'S NORMAL POLICY THAT IF THE, IF STAFF AND THE ZONING COMMISSION BOTH RECOMMEND APPROVAL ON AN ITEM, THEN IT BECOMES A CONSENT ITEM,. >> I FORGOT MY OTHER QUESTION. >> I THINK PROBABLY THE ABSENCE OF OUR AGENDA BRIEFING LAST NIGHT KIND OF HURT US ON THIS ONE BECAUSE THIS WOULD'VE BEEN ONE WE WOULD'VE GONE OVER THE WEEK BEFORE AND PROBABLY SHOULD'VE DONE THAT IN LIGHT OF THIS. >> THANK YOU. >> MR. HURST. >> THANK YOU, MR. MAYOR. MR. HARMON. REAL QUICK QUESTION. THE LETTERS MAILED. WERE THERE ANY CONCERNS FROM RESIDENTS BACK HERE THAT SINCE IT WAS CHANGED FROM A CC THAT PERHAPS THEY WOULD REQUEST KNOWING THE TYPE OF BHZ -- BUSINESS THAT THIS WAS GOING TO BE GOING TO, A FENCE. >> NO. I THINK BECAUSE THAT WAS THIS TYPE OF BUSINESS IN THE PAST, WE DIDN'T HAVE ANYONE COME TO THE ZONING COMMISSION AND AS FAR AS I KNOW, NO ONE CALLED THE OFFICE EVEN ASKING QUESTION ABOUT WHAT WAS GOING ON THERE. >> THANK YOU, SIR. OKAY, MA'AM. >> SIR, WE JUST HAVE ONE SPEAKER FOR THIS ITEM. MR. LONI PLAYER. >> EVENING, MR. MAYOR, MEMBERS OF COUNCIL. MY NAME IS LONI PLAYER. I LIVE HERE IN FAYETTEVILLE, NORTH CAROLINA. IN THIS MATTER I REPRESENT THE JP3 FAMILY LIMITED PARTNERSHIP. FIRST, MR. RIDDLE HAS ASKED ME TO EXPRESS TO THE COUNCIL THAT HE'S SORRY THAT HE COULD NOT BE HERE TONIGHT. VERY IMPORTANT ENGAGEMENT. HIS SON JOSEPH IS PLAYING BASKETBALL FOR TERRY STAFFORD IN THE FIRST ROUND OF THE STATE TOURNAMENT IN WILMINGTON, AND HE IS DOWN THERE WATCHING HIS SON PLAY. SO HE WISHED ME TO EXPRESS TO YOU THAT HE'S SORRY THAT YOU HAVE ME AS A POOR SUBSTITUTE FOR HIM. WITH RESPECT TO THE REZONING, WE APPRECIATE THAT, THE SPECIAL USE PERMIT RECOMMENDATION OF APPROVAL, WE APPRECIATE THAT AS WELL. THE STAFF IS CORRECT, MY UNDERSTANDING OF THIS BUILDING AND I THINK COULD WE FOR A MOMENT GET BACK TO THE AERIAL WHERE YOU CAN SEE BOTH BUILDINGS ON THIS PROPERTY? IS THAT POSSIBLE? >> MR. HARMON? COULD WE GET BACK TO THE AERIAL WHERE WE COULD SEE BOTH BUILDINGS ON THE PROPERTY. AND THEN WE WILL COME BACK HERE. >> YOU CAN GO AHEAD AND TALK. IT'LL TAKE JUST A SECOND. >> STAFF IS QUITE CORRECT. THIS BUILDING FOR MANY, MANY YEARS HAS BEEN AN AUTOMOTIVE SHOP. IT WAS A MR. TRANSMISSION AT ONE POINT, IT WAS AAMCO TRANSMISSION AT ONE POINT. IT HAS BEEN VACANT FOR ONE PERIOD OF TIME. WHAT WE DO WANT TO SHOW YOU IS WE DO HAVE TWO BUILDINGS AND USES ON THIS SITE. THE BUILDING TO THE RIGHT IS SHOW CASE RESTORATION. CONSTRUCTION COMPANY. I CAN ASSURE YOU THAT WE INTEND FOR THIS BUSINESS TO BE A GOOD NEIGHBOR FOR THE OTHER TENANT ON THE PROPERTY, AND TO THAT EXTENT I CAN IS ASSURE YOU THAT IT IS NOT INTENDED THAT THIS BE A MINI JUNKYARD. THIS WILL NOT BE A WRECKER STORAGE FACILITY. THIS IS INTENDED TO BE A SHOP THAT DOES MOSTLY MEDIUM RANGE REPAIR WORK AND ON OCCASION PULLS AND REPAIRS A TRANSMISSION. THE CARS THAT ARE SET BY THE, BY THE SITE, ESPECIALLY BACK WHERE THE HOUSES ARE, ARE NOT INTENDED TO STAY THERE FORLY -- FOR ANY LENGTHY PERIOD OF TIME. IT WOULD MOSTLY BE MINOR REPAIRS BUT AGAIN THE TENANT WHO GOES IN THERE WANTS THE ABILITY AND WE BELIEVE SHOULD HAVE THE ABILITY TO PROVIDE A FULL SERVICE TO HIS CUSTOMERS, AND THAT WILL INCLUDE THE OCCASIONAL PULLING OF A TRANSMISSION, BUT HE DOES NOT INTEND, IT'S MY UNDERSTANDING, TO BE A LARGE PROPORTION OF HIS BUSINESS. WITH RESPECT TO THE SHRUBBERY BUFFERS, THE OTHER FINDINGS THAT ARE REQUIRED OF THE SPECIAL USE PERMIT WE HAVE ABSOLUTELY NO OBJECTION TO THOSE IN ANY WAY, SHAPE, OR FORM. WITH RESPECT TO THE FENCING, I DID WANT TO SHOW YOU THIS VIEW. THE ONLY LOGISTICAL CONCERN WE HAVE WITH FENCING IS THAT THE DRIVE BETWEEN THE TWO BUSINESSES AS YOU CAN SEE IS A SHARED DRIVEWAY WITH COMMON CROSS ACCESS EASEMENTS. WE CANNOT FENCE OFF FOR EXAMPLE SHOW CASE MANY PORTION OF THEIR DRIVEWAY ACCESS, SO I DON'T BELIEVE THAT'S WHAT YOU'RE CONTEMPLATING HERE TODAY. I JUST WANT TO MAKE IT CLEAR TO COUNCIL THAT THAT WOULD BE A VIOLATION OF THE EXISTING EASEMENTS ON THE PROPERTY. WITH RESPECT TO THE BUFFERING, WE WOULD HOPE SHRUBBERY COULD SUFFICE AS IT HAS IN THE PAST EVEN MORE AUGMENTED. THE ONLY CONCERN THAT MR. RIDDLE WHO'S EXPRESSED TO ME WITH RESPECT TO SOLID FENCING IS THAT SOLID FENCING TENDS TO GET OLD AND DETERIORATE AND WE DON'T NECESSARILY SEE IT'S DETERIORATION ON THE SIDE THAT'S NOT FACING US. THAT BEING SAID, WE ARE CERTAINLY PREPARED TO WORK WITH STAFF TO ADDRESS THESE LUGISTICATE -- LOGISTICAL CONCERNS. I STAND READY TO ANSWER ANY QUESTIONS IF I CAN. >> THANK YOU, MR. MAYOR. THANKTHANK YOU FOR COMING, SIR. WE WILL CLOSE THE PUBPLIC -- PUBLIC HEARING AND THEN ENTERTAIN QUESTIONS FROM COUNCIL ON ANYTHING THEY HAVE HEARD. ANY QUESTIONS? >> I DO. >> ALL RIGHT, MA'AM. >> OKAY, MR. HARMON, SIR, YOU MAY HAVE ALREADY SAID IT, BUT IF YOU LOOK AT THE PROPERTY IN QUESTION TO MY RIGHT OF THAT, WHAT IS THAT? WHAT KIND OF OPERATION IS THAT OUTSIDE THAT HATCHED AREA? RIGHT THERE, WHAT IS THAT? >> THIS PROPERTY HERE? >> I'M TRYING TO -- IT'S A LITTLE STRIP MALL RIGHT THERE. MAYBE HAS TWO OR THREE DIFFERENT, YOU KNOW, TENANTS IN IT. I DON'T RECALL EXACTLY WHAT TYPE OF TENANTS. SOME TYPE OF RETAIL THERE. >> I'M THINKING FENCING. THAT'S GOING THROUGH MY MIND BUT SINCE THIS PROPERTY HERE, THERE IS NO FENCE RIGHT THERE BEHIND THAT RESIDENTIAL. DO YOU KNOW IF THERE IS A FENCE IN THE BACK OF THAT. >> I DON'T BELIEVE THAT THERE IS AND THEY DON'T HAVE THE WOOD LINE THAT THIS ONE DOES EITHER. THAT TREE LINE. >> SO THAT'S JUST CLEAR FROM NOT EVEN A FENCE THERE. >> YEAH. IT'S JUST PAVED BACK TO THE PROPERTY LINE ON THAT. >> OKAY. THANK YOU. THANK YOU. >> ANY OTHER QUESTIONS? >> YES, SIR. MR. HARMON, COUNCIL, ARE THOSE TWO SEPARATE BUSINESSES ON THAT PROPERTY? >> YES, SIR. ON THE CROSS-HATCHED PROPERTY THAT WE'RE DISCUSSING? >> YES, SIR. >> YES, THE ONES YOU SEE ON THE RIGHT IS A SHOW CASE RESTORATION. IT'S A DAMAGE RESTORATION CONTRACTING COMPANY. AND THE ONE TO THE LEFT IS THE PROPERTY IN QUESTION. >> SO ESSENTIALLY WHAT YOU SAID, IF WE CAVEATED TO REQUIRE FENCE BEHIND THE ONE ON THE LEFT, WE STILL COULDN'T DO IT ON THE ONE ON THE RIGHT. SO WE'D HAVE HALF A FENCE UP, RIGHT? >> WELL, WHAT I WAS SAYING IS WITH RESPECT TO THE PROPERTY LINE, I'M NOT SO MUCH OF AN ISSUE. WITH RESPECT TO THE DRIVEWAY IN BETWEEN THE TWO WHICH SERVICES BOTH, IF THE COUNCIL WERE INCLINED TO REQUIRE A FENCE RIGHT DOWN THE MIDDLE OF THE DRIVEWAY, IT COULDN'T BE DONE GIVEN THE EASEMENT. >> ALL RIGHT. THANK YOU, SIR. >> JUST REAL QUICK TO CLARIFY THAT SO THAT YOU KNOW, HE IS TALKING ABOUT THIS AREA HERE IN BETWEEN THE TWO BUILDINGS. >> YEAH, WE'RE NOT TALKING ABOUT THAT. >> WHILE WE'VE GOT THIS MAP UP AND THERE SEEM TO BE SOME INTEREST ON THE FENCE. ARE YOU THINKING ABOUT A FENCE, SIR? >> WELL, I WAS THINKING ALONG -- >> LET HIM DO IT ON THE AERIAL SO EVERYBODY UNDERSTANDS JUST SO WE ARE CLEAR. >> RIGHT THERE, ALONG -- COULD WE DO THAT. WITH THAT EXISTING BUSINESS, WE COULDN'T AT THIS POINT COMPEL THEM TO PUT UP A FENCE BEHIND THERE. >> WELL, IT IS THE WHOLE LOT, AND IT'S NOT NECESSARILY THAT BUSINESS BACK THERE THAT. WHILE IT IS TWO SEPARATE BUSINESSES, IT'S ONE OWNER. >> THANK YOU, MR. MAYOR. >> ARE THERE QUESTIONS? MR. HAIRE? >> AGAIN, COUNCIL, THIS IS ANOTHER PROPERTY I HAVE NOT RECEIVED ANY CALLS OR CONCERNS WITH, SO I WOULD LIKE TO MAKE A MOTION CONCERNING USING OPTION TWO TO APPROVE OF THE SUP WITH THE RECOMMENDED CONDITIONS 1 THROUGH 8. >> AND APPROPRIATE FINDINGS OF FACT, SIR. >> YES, SIR. >> THANK YOU VERY MUCH. HAVE A MOTION, IS THERE A SECOND AND A WE HAVE A SECOND. MR. HAIRE'S MOTION, DISCUSSION ON THE MOTION. >> I SECOND. >> ALL RIGHT, SIR. THANK YOU. DISCUSSION? LET ME ASK FOR YOUR VOTE, PLEASE OKAY, THAT'S UNANIMOUS. THANK YOU. >> THANK YOU VERY MUCH. >> THANK YOU, SIR. >> OKAY, COUNCIL, WILL MOVE NOW TO ITEM 7.1 APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND MEGABUS. MR. HUME IS HERE. THANK YOU FOR BEING HERE, SIR. >> THANK YOU, MR. MAYOR, AND MEMBERS OF THE COUNCIL. I'M RANDY HUME TRANSIT DIRECTOR FOR THE CITY AND OF COURSE WE ARE DEVELOPING OUR MULTIMODAL CENTER JUST DOWN THE STREET HERE AND ONE OF THE REASONS WE ARE DOING THAT IS TO CREATE INCREASED AND MORE CONVENIENT MOBILITY OPTIONSES TO OUR RESIDENTS AND USERS AS WELL AS CONNECTING WITH OTHER TRANSPORTATION MODES BACK AT THE END OF JANUARY, I GUESS IT WAS MEGABUS CONTACTED US ABOUT THEIR INTEREST TO COME INTO OUR PROPERTY AND ABOUT A NEW ROUTE THEY ARE PLANNING TO START THAT WOULD CONNECT RALEIGH, DURHAM, THROUGH FAYETTEVILLE AN TO ATLANTA VIA COLUMBIA, SOUTH CAROLINA, AND VIENNA, GEORGIA. THEY PROVIDE EXPRESS OF INNER CITY SERVICE AND HAVE SOME VERY ATTRACTIVE RATES AT TIMES. AND THEY HAVE FOUND THAT THEIR USERS LIKE TO TEAM UP WITH PUBLIC TRANSIT. AND SO THAT'S WHAT THEY HAVE DONE IN MOST CITIES. I BROUGHT THIS -- THIS IS PRIMARY JUST FOR THIS ONE PICTURE. I WILL GO AHEAD AND PUT IT UP IN CASE YOU WANTED TO SEE WHAT THEIR VEHICLES LOOK LIKE. THEY USED LOW FLOOR DOUBLE-DECKER BUSES. THEY ARE EQUIPPED WITH Wi-Fi. THEY HAVE 110 OUTLETS FOR COMPUTERS AND OTHER DEVICES, THEY HAVE REST ROOMS AND THEY'RE ALL ADA ACCESSIBLE. THEY ARE ALSO MONITORED FROM AN EFFICIENCY AND A MAINTENANCE POINT OF VIEW. THROUGH GPS. AGAIN, THEY INITIALLY CONTACTED US ABOUT A NEW MULTIMODAL CENTER BUT THEY ARE INTERESTED IN STARTING -- OR WERE INTERESTED IN STARTING BEFORE WE ARE AVAILABLE SO THEY HAVE BEEN TO TOWN. THEY HAVE LOOKED AT OUR CURRENT SITE. THEY HAVE LOOKED AT THE MULTIMODAL SITE, AND ARE VERY INTERESTED IN STARTING THAT. THEY INITIALLY TOLD ME THEY WERE THEY WANTED TO START IPMIDDLE OF MARCH AND THAT'S WHY WE RUSHED THIS ON THE AGENDA. THEY CALLED US ON FRIDAY AND NOW THEY HAVE DELAYED IT AND PROBABLY WON'T START OPERATING UNTIL EARLY NEXT FALL BUT THEY ARE STILL? STILL INTERESTED IN PROCEEDING WHERE THE LEASE. THEY WOULD PAY US $900 A MONTH IN RENT WHICH IS BASICALLY $50 EVERY TIME THEY COME ON TO OUR PROPERTY. AND AGAIN THERE IS NO OTHER REALLY COST INVOLVED FOR US OTHER THAN PROVIDING THE SPACE BECAUSE THERE IS NO TICKETING OR ANYTHING LIKE THAT THAT WE WOULD HAVE TO DO FOR THEM. ANY IMPROVEMENTS MADE TO THE WILMINGTON ROAD SITE THEY WOULD BE PAYING FOR THAT. THE PLACE THAT THEY WOULD PARK RIGHT NOW IS SOME OLD BUILDING FOUNDATIONS. IT'S NOT REALLY SAFE FOR PEOPLE REGULARLY TO WALK PARTICULARLY AT NIGHT THERE, AND SO THEY WOULD DO THAT AND FILL AND OVERLAY THAT TO ACCOMMODATE THEIR OPERATION. AND WITH THAT, I'D BE GLAD TO ANSWER ANY QUESTIONS. >> ALL RIGHT, SIR, MS. DAVY? >> THANK YOU, MR. HUME. THIS SOUNDS LIKE A GREAT OPPORTUNITY. ON THE BUS HERE ON THE TOP THEY TELL YOU DIFFERENT LOCATIONS. WOULD THEY ADD FAYETTEVILLE TO THAT? >> I THINK THEY WOULD. THIS ACTUALLY IS -- WELL I GUESS THEY HAVE A NUMBER OF CITIES BUT AGAIN THEY INITIALLY STARTED THIS IN CALIFORNIA. THEY OPERATE IN ABOUT 100 CITIES SO I'M SURE THEY CAN'T LIST EVERY CITY THAT THEY OPERATE. THEY OPERATE IN ABOUT 100 CITIES, THEY CARRY 200,000 RIDERS PER WEEK RIGHT NOW. AND AGAIN, THEY DO HAVE SOME VERY ATTRACTIVE RATES I JUST WENT ON THEIR WEB SITE JUST TO SEE WHAT THEY WOULD BE BECAUSE I DID TALK TO A FRIEND OF MINE WHO OPERATES THE TRANSIT SYSTEM IN ATHENS, GEORGIA, AND THEY ALREADY OPERATE THERE IN ATLANTA, GEORGIA, AND THEY ALREADY DO, IT DEPENDS ON WHEN YOU BOOK THEM. IT'S MORE LIKE AIRLINE TRAVEL. BUT I DID SOME JUST SOME RATE CHECKING. YOU CAN GO FROM DURHAM TO CHARLOTTE. TYPICAL RATE IS $21 EACH WAY BUT I'VE ALSO JUST BY GOING IN ONE DAY AND PUTTING IN A DAY GOING DOWN LIKE ON THE 12th OF MARCH COME BACK ON THE 13th, $4 EACH WAY. I THINK THEIR GOING RATE IS $37 DURHAM TO D.C. EACH WAY. $19 RATE COMING BACK. JUST AGAIN NOT DOING A LOT OF SEARCH. >> SO WITH THE CONTRACT, WOULD WE PUT THEM, YOU KNOW, WHAT KIND OF BINDS ARE Y'ALL LOOKING FOR FOR THE CONTRACT, FOR THE RENTAL. >> ACTUALLY, THEY WOULD -- WHEN WE MOVED TO A NEW FACILITY, IT LOOKS LIKE THE FACILITY WOULD FIT ON OUR PROPERTY. UNDER THE OVERHANG WE ARE DESIGNING BUT IF NOT THEY WOULD BE OUT ON THE STREET. IN DUR HOPE MILLS LAND I -- IN DURHAM I THINK THEY ARE OUT ON THE STREET BUT IN ATHENS THEY ACTUALLY GO ONTO THE PROPERTY. SO THEY WOULD -- RIGHT NOW IF YOU GO ONTO OUR PROPERTY RIGHT NOW RUSSELL STREET A LOT OF TIME WE WILL HAVE A SPARE BUS PARKED THERE SO IT'S GENERALLY IN THAT AREA WHERE THEY WOULD PARK AND THEY WOULD LOAD THEIR PASSENGERS SO IT WOULDN'T INTERFERE WITH OUR OPERATION AS WELL. >> I DON'T WANT TO GET INTO THE WEEDS ON IT. WE CAN TALK ABOUT IT LATER BUT THIS SOUNDS LIKE A GOOD PARTNERSHIP. I KNOW WE HAVE TALKED ABOUT PARTNERSHIP OPPORTUNITIES BUT HOPEFULLY WE CAN DO SOME PARTNERSHIPS SO PEOPLE WILL KNOW MORE ABOUT CITY OF FAYETTEVILLE PASSISH THROUGH -- PASSING THROUGH AND LIKEWISE WE CAN PUT IT IN OUR INFORMATION TOO. THANK YOU. >> YES, MR. HUME. I'M SURE THEY KNOW ABOUT OUR FABULOUS MULTIMODAL CENTER COMING UP SO HAVE THERE BEEN LONG RANGE DISCUSSIONS ABOUT THEM UTILIZING OUR NEW FACILITY. I'M SURE IT WOULD BE $900 A MONTH. >> YES, THEY WOULD LIKE TO MOVE ON AND AGAIN I THINK WE WOULD DO THE, THE LEASES AS IT'S PUT NOW WOULD ESCALATE EACH YEAR BY ABOUT 2% BUT WHEN WE DID MOVE TO THE NEW FACILITY WE INCLUDED THE NEW PROVISION. >> THAT'S GOOD. THEY ARE LOOKING FORWARD TO THE NEW FACILITY. >> YES. >> THAT'D BE COOL. >> IS THAT MADE BY VOLVE -- VOLVO IN SWEDEN OR HOLLAND? >> I'M NOT SURE BUT THEY ARE VERY, VERY NICE COACHES AND THEY DID BRING A COACH. THEY BROUGHT IT WAS A DIFFERENT 45-FOOT COACH BUT THEY DID BRING A COACH HERE AND MAKE SURE -- EXCUSE ME, AGAIN. THEY DID BRING A COACH HERE TO MAKE SURE THAT IT COULD NAVIGATE OUR SITE. >> THANK YOU, MR. MAYOR. QUICK QUESTION I WENT ON THE WEB SITE AND ACTUALLY LOOKED AT IT WHILE YOU WERE SPEAKING AND I CAN GET FROM CHARLOTTE TO DURHAM FOR $21 TOMORROW. A THREE-HOUR TRIP. AND I GUESS MY QUESTION IS, IN RELEVANCE TO THE MULTIMODAL CENTER, MY UNDERSTANDING WAS WITH THE MULTIMODAL CENTER THAT THE FOCUS WAS GOING TO BE ON CITY TRANSPORTATION. DID WE LOCK OURSELF IN ANY WAY TO NOT BRINGING IN SOMEBODY LIKE MEGABUS OR GREYHOUND AND -- SO THAT'S ALWAYS BEEN IN CONSIDERATION? >> YES, SIR. IN FACT THE TERM MULTIMODAL CENTER REALLY GOES ALONG THAT WAY. THAT'S WHY WE'RE CONNECTING CLOSE. >> I'M JUST ASKING THE QUESTION BECAUSE I HAD SOMEONE ASK ME AND I WANT -- >> THERE IS NOT. AND AGAIN I THINK IT HELPS THE IMAGE OF IT BY HAVING MULTIMODAL CENTER BY HAVING A BUS THERE RATHER THAN GREYHOUND BUS ACROSS TOWN. RIGHT NOW MULTIMODAL IS TRANSIT. STILL PUBLIC TRANSIT IS OUR MAIN FOCUS BUT WITH AMTRAK AND TAXIS AND THIS WOULD BRING IN ANOTHER ASPECT OF MULTIMODAL. >> OKAY. AND I LOOKED AT THE WEB SITE TOO AND I NOTICE LIKE FROM ATHENS, GEORGIA, THE ONLY ROUTE FROM ATHENS, GEORGIA, IS TO ATLANTA. >> AT THIS TIME, YES. >> AT THIS TIME. AND SO PREDOMINANTLY WE WOULD HAVE ROUTES FROM FAYETTEVILLE BASED ON CONVERSATIONS WE HAD TO WHERE? >> THE ROUTE THAT THEY ANTICIPATE WOULD BE FROM DURHAM TO FAYETTEVILLE, COLUMBIA, SOUTH CAROLINA, ATHENS, GEORGIA, TO ATLANTA. THOSE WOULD BE INTERIM STOPS BETWEEN BASICALLY DURHAM AND ATLANTA. AGAIN THEY WOULD BE COMING THROUGH HERE EACH WAY. AGAIN, IT'S, IT DEPENDS ON -- I DON'T KNOW HOW THEY CONNECT DURHAM LOCATION OR ATLANTA TO OTHER OF THEIR OPERATIONS. BUT THAT WOULD BE THE TYPICAL SCHEDULE THAT THEY PLAN TO OPERATE. >> MR. HUME, ANY FUNDS WE GET FROM THIS, ALBEIT $900 A MONTH WOULD THIS BE AVAILABLE FOR TRANSIT SYSTEM IMPROVEMENTS? >> THIS WOULD BE AVAILABLE TO OFFSET WHAT THE CITY WOULD OTHERWISE PUT INTO THE BUDGET FOR FUNDING TRANSIT, YES, SIR. >> IN TERMS OF THE DESIGN OF THE MULTIMODAL, HAS THE DECISION BEEN MADE YET. YOU MENTIONED SOMETHING ABOUT YOU'RE NOT SURE WHETHER WE CAN ACCOMMODATE BUSES OF THIS HEIGHT. HAS THAT DECISION BEEN MADE OR ARE WE STILL EARLY ENOUGH IN THE DEVELOPMENT PROCESS THAT CAN STILL -- >> WE PROBABLY COULD LOOK AT RAISING AT LEAST SOME OF THE OVERHANGS, BUT RIGHT NOW IT LOOKS LIKE THE OVERHANGS ARE HIGH ENOUGH THAT THIS -- >> COACH IS 1'32" SO THEY THINK IT WILL FIT UNDER THERE. >> I'M ASSUMING WHEN THE MULTIMODAL IS HERE SEVERAL YEARS FROM NOW, LEASING THOSE BAYS, THAT WOULD BE NEGOTIATED POTENTIALLY COULD BE A DIFFERENT PRICE POINT THAN WHAT WE'RE TALKING ABOUT NOW. >> WOULD THAT BE COMPETITIVE. IF GREYHOUND WANTED BAYS LIKE THEY HAVE AT AIRPORTS, HOW WOULD THAT WORK EXACTLY. >> I'M NOT SURE. I HAVEN'T THOUGHT THAT FAR AHEAD. AGAIN WE WOULD BE WORKING ON. >> ALL RIGHT, THANK YOU VERY MUCH. >> ALL OF OUR DISCUSSION WITH GREYHOUND HAS BEEN SO FAR AS THEY WANT TO STAY WHERE THEY CURRENTLY ARE, SO WE HAVE NOT REALLY ENGAGED. >> THANK YOU VERY MUCH. SIR. ANY OTHER QUESTIONS, COUNCIL? IF NOT, WE NEED A MOTION ON THIS PARTICULAR ITEM. SNAMOTION TO APPROVE. >> THANK YOU, MS. APPLEWHITE. SEC, MR. BATES I BELIEVE. ANY DISCUSSION? LET ME ASK FOR YOUR VOTE, PLEASE. THAT'S UNANIMOUS. WE WILL MOVE TO 8.3, REQUESTING A CLOSED SESSION FOR THE PERSONNEL MATTER. >> SO MOVED. >> THANK YOU, MR. BATES. IS THERE A SECOND? THANK YOU, MR. ARP. DISCUSSION? ALL IN FAVOR. MS. DAVY? UNANIMOUS. THANK YOU. OKAY.