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67 <br /> <br /> Mr. Higgins said that there is a precedent to require off-site improvements such as with <br />Planning Unit Developments. <br /> <br /> Mr. Clyde Gouldman, City Attorney, said that special permit cases do not allow the <br />City to require off-site improvements. <br /> <br /> Rev. Edwards said requiring the off-site improvements is an issue of fairness and he is <br />bothered by such a requirement. <br /> <br /> Mr. Vandever said that the Covenant School site on the 250 Bypass was originally <br />presented to Council as a temporary solution for providing a location for the private school <br />and now a permanent gym is being requested to be added. Mr. Vandever said he is <br />concerned about issuing a special permit that will grant a public benefit to a church, from <br />which there will be no public benefit derived. Mr. Vandever said he will vote against the <br />special permit. <br /> <br /> Ms. Slaughter said she will support the special permit, and feds that the requirement for <br />the off-site railing and stairs was negotiated in lieu of requiring other pedestrian <br />improvements. Ms. Slaughter made a motion to approve the special permit with the <br />conditions recommended by the Planning Commission. Ms. Daugherty seconded the motion. <br /> <br /> Mr. Vandever said he thinks the City is crossing the line of the First Amendment by <br />giving aid to a church facility that does not reflect the demographics of the City. Mr. <br />Vandever said there is a deeper issue of segregated schools and public support of them. <br /> <br /> Rev. Edwards said he will vote against the motion because of the off-site requirements <br />and encouraged the applicant to take issue with such requirements. Rev. Edwards said he <br />takes issue with the comments made by Mr. Vandever. <br /> <br /> Ms. Slaughter said she in no way sees the special permit as comparable to the City <br />supporting segregated schools and thinks such a statement is an insult to the Council. Ms. <br />Slaughter added that Covenant School has the right to ask the City for a special use permit <br />and amendments to it. <br /> <br /> Mr. Toscano said he will not support the off-site requirements, but will support the <br />resolution without such conditions. Mr. Toscano said he would accept what he hears to be <br />an offer from Covenant School to provide the improvements. <br /> <br /> The motion to approve the special permit with the off-site requirement was denied by <br />the following vote. Ayes: Ms. Daugherty and Ms. Slaughter. Notes: Rev. Edwards, Mr. <br />Toscano, Mr. Vandever. <br /> <br /> On motion by Rev. Edwards, seconded by Mr. Toscano, the resolution granting a <br />special permit to the Covenant School, without the requirement for off-site improvements, <br />was approved by the following vote. Ayes: Ms. Daugherty, Rev. Edwards, Ms. Slaughter, <br />Mr. Toscano. Noes: Mr. Vandever. <br /> <br /> WHEREAS, the Covenant School, owner of the property located at 1000 Birdwood <br />Road, has requested another amendment of the special use permit originally granted by City <br />Council on May 29, 1985, and amended November 3, 1986, May 4, 1987, July 6, 1993, and <br />May 16, 1994; <br /> <br /> WHEREAS, the pending request seeks permission to add the 12th Grade to the <br />school's enrollment within the existing maximum of 450 students, and to add a replacement <br />gymnasium, locker room, lobby, support offices and additional parking; and <br /> <br /> WHEREAS, following a duly advertised joint public hearing before this Council and <br />the Planning Commission on March 5, 1996, and again on April 9, 1996, and a subsequent <br />recommendation for approval from the Planning Commission, this Council finds that such use <br /> <br /> <br />