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PLANNING COMMISSION.[Planning Commission Regular Meeting on July 9, 2025.]
WE DO HAVE A QUORUM, I BELIEVE.AND DO WE NEED TO TAKE SPECIAL ACTION TO ALLOW FOR REMOTE? NO.
MR. VICE CHAIR, UM, NOBODY HAS REQUESTED REMOTE PARTICIPATION.
YOU HAD A CHANCE TO REVIEW YOUR, UH, NO.
LET'S ADOPT THE, UH, MOTION TO ADOPT THE AGENDA AS PRESENTED.
AND SECOND TO ADOPT THE, UH, UH, AGENDA FOR TONIGHT.
WE'VE HAD A CHANCE TO REVIEW THE MINUTES FROM THE WEDNESDAY, UH, JULY 11TH REGULAR BOARD MEETING.
ARE THERE ANY, UH, ADDITIONS OR CORRECTIONS? YOU NONE WILL HAVE A MOTION TO ACCEPT.
I'LL SECOND AND PROPERLY MOVE.
SECOND AND SECOND TO ADOPT THE MINUTES AS PRESENTED.
ALL IN FAVOR? A OPPOSED? LIKEWISE.
NOW WE NEED TO OPEN THE PUBLIC, UH, COMMENT HERE OR THERE.
SO WE'LL CLOSE THE PUBLIC COMMENT HERE.
AT THIS TIME, UH, IS THERE ANY OLD BUSINESS BEFORE US? CAN YOU PLUG THAT IN FOR ME, PLEASE? THANK YOU.
UH, LEE, PAM, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
UM, THANK YOU MR. VICE CHAIR, MEMBERS OF THE COMMISSION.
I'VE GOT A COUPLE OF THINGS THAT I WANT TO BRING BACK TO THE, UH, FRONT BURNER THAT WE HAD, UH, SET ASIDE FOR, UM, UH, UH, FOR OTHER THINGS.
UH, BUT WHAT WE'VE GOT HERE ARE, ARE, UH, UH, TWO ORDINANCE OF, OR TWO ORDINANCE AMENDMENTS THAT WE'VE BEEN DISCUSSING ON AND OFF FOR THE PAST, UH, SEVERAL MONTHS, ACTUALLY OVER A YEAR NOW.
AND IT'S, IT'S TIME TO, FOR, FOR THE STAFF TO, UH, REQUEST PUBLIC HEARINGS.
BUT THE FIRST ONE IS REGARDING THE DEFINITION OF SUBDIVISION.
UM, AS YOU SAW IN YOUR PACKETS, UH, OVER THE PAST SEVERAL MONTHS, WE ARE MAKING, UH, SEVERAL MINOR ADJUSTMENTS TO THE DEF TO, UH, THE SUBDIVISION ORDINANCE.
BUT PRIMARILY THIS WAS BROUGHT TO YOU BECAUSE, UM, WE WANTED TO, WE WANTED TO CHANGE THE NUMBER OF LOTS FOR SUBDIVISION REVIEW FROM THREE TO TWO.
THE OTHER ORDINANCE AMENDMENT IS REGARDING THE TERMS OF VALIDITY.
AND WHAT WE MEAN BY THAT IS ACTUALLY ESTABLISHING IN THE ZONING ORDINANCE HOW LONG A PLAN IS GOOD FOR THE STAFF IS PROPOSING THREE YEARS FOR A CONDITIONAL USE PERMIT, AND FIVE YEARS FOR A SITE PLAN.
NOW, UH, WE'LL GO AHEAD AND GET INTO THE, THE BRIEFING, AND THESE ARE GONNA BE VERY SHORT BECAUSE AGAIN, WE'VE TALKED ABOUT THESE, UH, AT LENGTH IN THE PAST.
AND I JUST WANTED TO REFRESH THE, UH, REFRESH THE ISSUES.
UM, A, UH, BOARD OF SUPERVISORS RESOLUTION INITIATING THE ORDINANCE AMENDMENT WAS, UH, PASSED IN, UH, UH, ON FEBRUARY 21ST, 2024.
SO, YES, WE ARE OVER A YEAR INTO THAT.
AND AGAIN, WHAT WE WANT TO DO IS WE WANT TO AMEND THE SUBDIVISION AND ZONING ORDINANCES TO, UM, TO ADJUST THE REGULATIONS RELATING TO THE DEFINITION OF SUBDIVISION, UH, SUBDIVISION APPROVAL AND REQUIREMENTS FOR ADJUSTMENT OF BOUNDARY LINES, VACATION OF LOT LINES, AND OTHER DIVISIONS OF LAND.
CURRENTLY, A SUBDIVISION IS DEFINED AS A SPLIT FROM ONE TO THREE LOTS, AND THIS DOES CREATE, UM, UNNECESSARY GRAY AREA, AND THAT HAS BEEN INTERPRETED BY SOME IN THE COMMUNITY TO, UH, TO ALLOW, THEY, THEY BELIEVE THAT, UH, THESE SUBDIVISIONS CAN GO THROUGH WITHOUT A COUNTY REVIEW.
WHAT THAT HAS CAUSED IS, UH, FOLKS GOING DIRECTLY TO THE COURTHOUSE AND RECORDING SUBDIVISIONS FOR LOTS THAT DO NOT COMPLY WITH THE ZONING ORDINANCE.
WHEN SOMEONE COMES BACK AND TRIES TO PULL A PERMIT, A BUILDING PERMIT FOR A HOUSE, FOR EXAMPLE, UM, AND WE FIND OUT THAT THAT LOT IS TOO SMALL, IT BECOMES AN ISSUE.
SO THAT'S WHY WE WANT TO EXERCISE A LITTLE BIT MORE CONTROL OVER THE PLATS THAT GO TO THE COURTHOUSE, AND MAKING SURE THAT THEY DO COMPLY WITH THE ORDINANCE AS IT, UM, RELATES TO LOT SIZE, LOT WIDTH, UM, ROAD FRONTAGE, THINGS OF THAT SORT.
SO WE DO WANT TO REDEFINE A SUBDIVISION AS A SPLIT INTO TWO OR MORE LOTS.
WITH THAT BEING SAID, STAFF REQUESTS PUBLIC HEARING FOR AUGUST 13TH.
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I'LL GO AHEAD AND PAUSE AND SEE IF ANYONE'S GOT ANY QUESTIONS ABOUT THE, UM, UH, ABOUT THE ORDINANCE AMENDMENT FOR SUBDIVISIONS.UH, WE HAVE THE ABILITY TO BRING UP THE LANGUAGE RIGHT ON THE SCREEN HERE.
BUT, UM, UH, THERE WASN'T TOO MUCH DISCUSSION.
I DON'T BELIEVE WE THERE WERE ANY QUESTIONS ABOUT THIS PARTICULAR ORDINANCE.
WE DID HAVE A QUESTION ABOUT THE NEXT ONE, BUT AGAIN, I'M, I'M PAUSING HERE FOR, UM, UH, FOR, FOR YOUR QUESTIONS OR COMMENTS.
SO, UH, WITH NO QUESTIONS OR COMMENTS FROM THE, UH, COMMISSION AGAIN, UH, WE'RE GONNA ASK YOU FOR A PUBLIC HEARING, UH, FOR AUGUST 13TH.
I'LL GO AHEAD AND GO INTO THE NEXT ONE.
AND THEN ONCE I'M, ONCE I'M DONE WITH THAT ONE, IF IT'S THE PLAN AND COMMISSION'S PLEASURE, THEN YOU CAN, UH, DO A MOTION FOR EACH ONE OF THESE.
SO THE NEXT ONE IS THE TERMS OF VALIDITY.
AS I HAD MENTIONED BEFORE, UM, UH, THIS, UH, INITIATING RESOLUTION CAME FROM THE BOARD OF SUPERVISORS THE SAME EVENING.
AND THE ORDINANCE IS ACTUALLY SILENT ON FOR HOW LONG CERTAIN APPROVALS ARE VALID.
UM, I MENTIONED, HOW YOU DOING, SIR? I MENTIONED, UM, THERE IS NO EXPIRATION DATE, UH, UH, LISTED IN THE ZONING ORDINANCE FOR SITE PLANS.
AND THERE REALLY NEEDS TO BE, WE'RE RECOMMENDING A FIVE YEAR, UH, A FIVE YEAR TERM FOR SITE PLANS, WHICH MEANS THAT ONCE THEY GET APPROVAL FROM THE COUNTY FOR A SITE PLAN, IF THEY WANT TO BUILD A COMMERCIAL, UH, DEVELOPMENT, OR IF THEY WANT TO DO, UH, A SUBDIVISION, THAT THAT PLAN IS GOOD FOR FIVE YEARS, AND THEY WON'T HAVE TO, UH, THEY WON'T HAVE TO, UH, YOU KNOW, BASICALLY COME BACK FOR EXTENSIONS OR ANYTHING.
UH, BUT WE WANNA SPECIFY FIVE YEARS IN THE ZONING ORDINANCE.
UH, SOME APPROVALS HAVE, UH, A SHORT TERM OF VALIDITY, AND WE'VE, WHERE WE'RE TRYING TO FIX THAT IN THE ORDINANCE, AND WE ARE MAKING AMENDMENTS TO BOTH THE ZONING AND THE SUBDIVISION ORDINANCES.
WHEN WE SEND OUT, UM, APPROVAL LETTERS, WE WANT TO MAKE SURE THAT THE, THAT THE EXPIRATION DATE FOR THAT SITE PLAN IS IN THAT LETTER.
AND WHAT WE'RE ASKING FOR IS TO AMEND THE ORDINANCE SO THAT THAT IS ACTUALLY LAW, NOT POLICY, NOT UNWRITTEN, YOU KNOW, UH, UH, POLICY, BUT IT'S ACTUALLY IN THE ORDINANCE.
WITH THAT BEING SAID, UH, STAFF LIKEWISE REQUEST A PUBLIC HEARING FOR AUGUST 13TH.
SO, AGAIN, IF IT'S THE PLANNING COMMISSION'S, UH, PLEASURE, WE'LL HAVE TWO.
UM, WE'LL HAVE TWO PUBLIC HEARINGS, UH, IN NEXT MONTH.
NOW, BEFORE I CONCLUDE MY REMARKS, THERE IS ONE QUESTION THAT WAS BROUGHT UP BACK IN MARCH AND, UH, BACK IN, BACK IN MARCH.
AND, UH, CHAIRWOMAN WINGFIELD HAD QUESTIONS ABOUT THE SEQUENCING OF THE, OF THE PUBLIC NOTICES.
SO, WHAT THE STAFF HAD COME UP WITH IS, UH, ARE THESE CALENDARS, AND YOU HAVE COPIES OF THAT.
UM, AND, UH, BASICALLY THE QUESTION WAS, WHEN DO WE HAVE TO ADVERTISE FOR, YOU KNOW, FOR SITE PLANS OR FOR, UH, FOR PUBLIC HEARINGS AND THAT KIND OF THING.
SO WE'VE GOT MARCH OF 2025 HERE.
I'M ACTUALLY GONNA FORWARD TO APRIL OF 2025, BECAUSE I THINK IT WOULD BE, UH, IT'S NECESSARY TO KIND OF WORK BACKWARDS AND TELL YOU, UH, WHEN THE, UH, WORK BACKWARDS FROM THE PLANNING COMMISSION PUBLIC HEARING.
SO, AS WE ALL KNOW, THE PLANNING COMMISSION MEETS ON THE SECOND WEDNESDAY OF THE MONTH, AND THAT IS THIS DAY HERE.
SO THIS WOULD'VE BEEN, UH, APRIL 9TH, 2025.
NOW, STATE CODE SAYS THAT WE CANNOT ADVERTISE, UM, EARLIER THAN 28 DAYS, UH, BEFORE THE PUBLIC HEARING.
AND WE ALSO HAVE, UM, A STATE CODE THAT HAS, THAT HAS CHANGED, THAT SAYS THAT WE CANNOT ADVERTISE ANY SOONER THAN, UH, SEVEN DAYS BEFORE THE, UH, OR ANY LATER THAN SEVEN DAYS BEFORE THE, UH, THE, UH, PUBLIC HEARING.
WHAT'S IN THE ORDINANCE NOW IS 10 DAYS.
SO IF THIS IS OUR, IF THIS IS OUR PUBLIC HEARING DATE ON THIS WEDNESDAY, UM, YOU KNOW, 10 DAYS WOULD BE ON A SUNDAY.
BUT THE, UH, WHEN WE FIRST STARTED THIS STATE CODE SAID FIVE DAYS.
AND THAT WAS A, THAT WAS A POINT OF, UH, OF DISCUSSION WITH THE, WITH THE, WITH THE CHAIR.
AND, UH, STATE CODE NOW SAYS WE CAN ADVERTISE NO, UH, NO LATER
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THAN SEVEN DAYS BEFORE THE PUBLIC HEARING, WHICH WOULD BE THE WEDNESDAY BEFORE.NOW, GOING BACK TO THE BEGINNING OF THE NOTICE PERIOD, WHICH WE SAID WAS 28 DAYS BY STATE CODE.
AND WHAT YOU SEE HERE IN GREEN IS OUR WINDOW OF ADVERTISEMENT.
SO 28 DAYS BEFORE THE PUBLIC HEARING, WE CAN START, UH, WE CAN START ADVERTISING.
ONE OF THE OTHER, ONE OF THE OTHER THINGS THAT WE HAVE TO FACTOR INTO THE ADVERTISEMENT IS THE FACT THAT THE EASTERN SHORE POST IS ONLY, UH, PUBLISHED ONCE A WEEK ON FRIDAYS.
AND THAT CAUSES SOME, UH, YOU KNOW, THAT CAUSES SOME SCHEDULING, UH, UH, SOME SCHEDULING CHALLENGES FOR US.
BUT, UM, WHAT WE TRY TO DO IS WE TRY TO SCHEDULE THE LAST TWO FRIDAYS THAT WE CAN.
AGAIN, UH, WHAT YOU SEE HERE IN RED IS THE, IS THE, IS THE PART OF THE CALENDAR THAT WE ARE NOT ALLOWED TO ADVERTISE IN.
AND WHAT YOU SEE IN GREEN IS WHERE WE CAN ADVERTISE.
SO AGAIN, THE TWO FRIDAYS BEFOREHAND MM-HMM
UM, WHAT WE ALSO TRY TO DO IS WE ALSO TRY TO SEND OUT THE NOTICE LETTERS THE SAME TIME AS THE ADVERTISE THAT THE ADVERTISEMENT GOES OUT INTO THE NEWSPAPER, SO THAT THE ADJACENT PROPERTY OWNERS WILL, UH, MAYBE THEY DON'T READ THE NEWSPAPER.
THAT'S WHY THE STATE CODE SAYS, OR STATE LAW SAYS THAT WE HAVE TO ADVERTISE IN THE NEWSPAPER, UM, TWICE, AND WE HAVE TO SEND OUT ADJACENT PROPERTY OWNER NOTICES, UM, NO SOONER THAN, UH, UH, UH, TWO WEEKS BEFORE THE HEARING.
SO WE SEND THAT OUT THE SAME TIME THAT WE, UH, THAT WE SEND OUT THE, UH, NOTICE FOR THE FIRST ADVERTISEMENT.
WITH THAT BEING SAID, THAT CONCLUDES THE STAFF'S REMARKS.
THAT WAS THE ONLY QUESTION THAT, UM, THAT WE WERE RESPONDING TO.
AND I'LL JUST TURN IT BACK OVER TO YOU, MR. VICE CHAIR, FOR ANY QUESTIONS FROM THE COMMISSION.
WHAT ITEMS ARE UNDER THE, UH, ADVERTISEMENT? WHAT ARE THE THINGS THAT YOU ADVERTISE FOR, OR JUST PUBLIC HEARINGS OR THERE OTHER ITEMS THAT YOU WOULD FALL UNDER THIS REQUIREMENT TO ADVERTISE FOR THIS REQUIREMENT TO ADVERTISE? AND AGAIN, THE, THE STATE CODE SECTION, AND IT'S SO HARD TO SEE, BUT IT'S, UM, UH, I BELIEVE IT'S 15.2, 2204.
ANYWAYS, THE, UH, THAT CODE PROVISION, WHICH IS THE SAME IN MACK AS IT IS IN FAIRFAX OR RICHMOND OR ROANOKE, WE ONLY ADVERTISE PUBLIC HEARINGS WITH THIS CODE SECTION.
UH, THOSE PUBLIC HEARINGS COULD BE FOR A REZONING, UH, A VARIANCE APPLICATION.
IT COULD BE FOR, UM, A SPECIAL USE PERMIT OR A CONDITIONAL USE PERMIT ORDINANCE AMENDMENTS, LIKE WHAT WE'RE CONSIDERING TONIGHT OR WHAT WE WILL BE CONSIDERING NEXT MONTH.
AND, UH, LET'S SEE, WHAT ELSE? THERE'S SOMETHING CALLED A 20, UH, A 20, UH, A 2283 REVIEW, OR 2282 REVIEW FOR, UH, FOR, UH, PUBLIC PROJECTS.
WE HAVE TO, WE HAVE TO CERTIFY THAT THE PUBLIC PROJECT IS IN, UH, COMPLIANCE WITH THE COMPREHENSIVE PLAN.
SO THOSE ARE, UH, WHAT ARE THOSE, LIKE FIVE OR SIX ITEMS THAT WE WOULD HOLD PUBLIC HEARINGS FOR.
BUT THIS CODE PROVISION IS ONLY FOR PUBLIC HEARINGS.
HAS THE STATE CODE EVER BEEN CHALLENGED? I WOULDN'T SAY THAT THE STATE CODE HAS BEEN CHALLENGED, PER SE.
UM, UH, WHEN LOCALITIES START RUNNING INTO ISSUES, LIKE, FOR INSTANCE, OUR LOCALITY THAT HAS ONLY ONE NEWSPAPER THAT PUBLISHES ONLY ONCE A WEEK, RIGHT? WE WILL, YOU KNOW, UH, A, A LOCALITY OR THE STAFF MAY GO TO THE LEGISLATOR AND SAYS, HEY, YOU KNOW, WE WANT TO COMPLY WITH THE LAW.
OUR NEWSPAPERS ARE, UH, YOU KNOW, THEY'RE, THEY'RE PUBLISHED IN A WAY THAT PROVIDES, THAT GIVES US CHALLENGES TO MAKING SURE THAT THAT FOLKS ARE NOTIFIED IN A, IN A TIMELY MANNER.
BUT, UM, YOU KNOW, UH, UH, CHALLENGES, UH, YOU KNOW, THE, I THINK THAT THE, THE, THE MORE LIKELY SCENARIO FROM A CHALLENGE WITH REGARDS TO THIS IS IF THE LOCALITY ACTUALLY MISSED THE DEADLINE TO ADVERTISE, THAT'S WHERE, THAT'S WHERE YOU'RE GONNA FIND MOST CHALLENGES.
IN WHICH CASE, THE, THE STAFF WOULD HAVE TO PULL EVERYTHING BACK AND SAY, WE CANNOT HOLD A PUBLIC HEARING.
WE'RE GONNA HAVE TO POSTPONE FOR A MONTH OR FOR HOWEVER LONG IT TAKES TO, TO PROPERLY DO THE NOTICE.
AND, UM, AND THE REASON WHY THAT'S IMPORTANT IS BECAUSE PUBLIC, BECAUSE THE PUBLIC NOTICE REQUIREMENT ACTUALLY STEMS FROM THE, FROM THE CONSTITUTIONAL REQUIREMENT OF, OF PROCEDURAL DUE PROCESS.
SO I STRESS THAT, UM, ALL THE TIME WITH THE STAFF THAT, UH, NOT ONLY DOES THE TIMING HAVE TO BE CORRECT MM-HMM
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THE CONTENT OF THE AD HAS TO BE ACCURATE.ANY OTHER QUESTIONS? JUST A COMMENT.
I MEAN, THIS IS A, A, A FADING FORMAT THAT'S JUST A, A MERE, YOU KNOW, UH, FORMALITY BECAUSE HOW MANY PEOPLE ARE READING THE PAPER RIGHT? THESE DAYS? THAT IS CORRECT.
AND, UM, THERE HAS, THERE HAVE BEEN SOME LOCALITIES THAT HAVE ASKED FOR, YOU KNOW, CAN, CAN WE DO SOME SORT OF ONLINE ADVERTISEMENT MM-HMM
AND, UM, I DON'T THINK THAT THE GENERAL ASSEMBLY'S QUITE THERE YET.
SO, UM, WITH THAT, IF THERE AREN'T ANY OTHER QUESTIONS, THE STAFF RESPECTFULLY REQUESTS, UH, PUBLIC HEARINGS FOR, UH, FOR BOTH, UH, BOTH AMENDMENTS AND, UM, WE'LL NEED MOTIONS FOR THAT.
MR. KI, I DO HAVE A QUESTION IN REFERENCE TO THE SITE PLANS.
UM, SO IF THIS IS IMPLEMENTED SITE PLANS THAT HAVE ALREADY BEEN ISSUED, IT WILL NOT BE SUBJECTED TO THE FIVE YEAR EXPIRATION, CORRECT? OR HOW DOES THAT, HOW WOULD THAT WORK? SITE PLANS THAT ARE ALREADY, UM, YEAH, YOU'RE, YOU'RE ASKING A TRICKY QUESTION THERE BECAUSE, UH, BECAUSE THE, UH, THE STATE CODE ACTUALLY SAYS, UH, FIVE YEARS IF THE LOCALITY SAYS, SO NOW, FOR, FOR SITE PLANS THAT HAVE, UH, THAT HAVE ALREADY BEEN APPROVED MM-HMM
UH, I WOULD, I WOULD STILL ASK THEM TO ABIDE BY THE FIVE YEARS, BUT AT SOME POINT, YOU KNOW, THINGS ARE GONNA CHANGE TO WHERE THAT PLAN IS GONNA BE INVALID ANYWAYS.
STORM WATER, UH, YOU KNOW, STORM WATER REGULATIONS MIGHT CHANGE, FOR EXAMPLE.
BUT, UM, FIVE YEARS IS PLENTY ENOUGH TIME FOR A DEVELOPER, WHETHER THAT BE A RESIDENTIAL DEVELOPER OR A COMMERCIAL DEVELOPER, UH, TO, TO START A PROJECT MM-HMM
SO THEY WOULD HAVE FIVE YEARS TO MAKE, UM, A SUBSTANTIAL INVESTMENT, UH, IN, INTO THAT SITE BEFORE, UH, YOU KNOW, BEFORE THE SITE PLAN EXPIRES.
FROM THE TIME THAT THEY FILE THE SITE PLAN FROM THE TIME IT'S APPROVED BY THE STAFF, UH, THE TIME IT'S APPROVED.
SO IF THEY FILE FOR, IF THEY FILE A SITE PLAN FOR REVIEW, UH, ON DAY ONE, AND THEY'RE, THEIR ENGINEER CAN'T QUITE GET THE DETAILS RIGHT, OR IF THERE'S A LOT OF BACK AND FORTH BETWEEN THE, BETWEEN THE REVIEW AGENCIES AND THE APPLICANT, THAT'S GOING TO EXTEND THE AMOUNT OF TIME OF REVIEW.
SO, UM, I DO WANT TO, UH, I DO WANNA MAKE THAT DISTINCTION BETWEEN REVIEW AND APPROVAL.
THOSE ARE TWO DIFFERENT THINGS.
SO THAT THIS IS APPLICABLE TO ALL SITE PLANS, WHETHER IT'S SINGLE FAMILY DWELLINGS OR SUBDIVISION, OR ARE WE, ARE WE TARGETING A CERTAIN GROUP OF SITE PLANS? YES, SIR.
SO THE, THE SITE PLANS THAT WE'RE TALKING ABOUT ARE THE ENGINEERED SITE PLANS.
SO IF WE'RE, IF SOMEONE SUBMITS A, UH, UM, UH, A, A SITE PLAN, QUOTE UNQUOTE SITE PLAN, OR A MINOR SITE PLAN FOR JUST ONE SINGLE FAMILY DWELLING ON A PIECE OF PROPERTY, UM, THAT'S DIFFERENT FROM WHAT I'M TALKING ABOUT HERE.
WHAT I'M TALKING ABOUT ARE THE, YOU KNOW, WHAT COULD BE CATEGORIZED AS MAJOR SITE PLANS FOR, UM, YOU KNOW, FOR ENTIRE SUBDIVISIONS FOR, UH, FOR COMMERCIAL AND INDUSTRIAL PROJECTS.
SO ARE WE MAKING THAT CLEAR IN THE AUDIENCE? YES, SIR.
THERE ANY OTHER QUESTIONS? SO WE NEED A MOTION TO SCHEDULE PUBLIC HEARINGS FOR THE, UH, SUBDIVISION, UH, RIGHT.
AND, AND, UH, I DON'T HAVE A MOTION PREPARED FOR YOU, BUT IT COULD BE ONE MOTION FOR BOTH.
YOU KNOW, ONE COULD MOVE TO, UH, TO, UH, SCHEDULE TO ALLOW STAFF TO, OR AUTHORIZE STAFF TO SCHEDULE PUBLIC HEARINGS FOR THESE TWO AMENDMENTS ON AUGUST 13TH, 2025.
ARE WE READY TO MOVE THE MOTION OPEN FOR A MOTION? I SO MOVE, UH, MR. CHAIR THAT, UH, THE OFFICE SCHEDULE A PROPER DATE AND TIME FOR AUGUST 13TH, 2025? YES.
SECOND, SECOND,
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PLAN.UH, YOU HAVE, UH, DO YOU NEW BUSINESS FOR US NOW.
WE OPEN THE, UH, PUBLIC HEARING SESSION.
SHA EAST RIDLEY COUNTY PLANNER ONE.
SO THIS EVENING I HAVE FOR YOU PROPER STATEMENT AMENDMENT FOR REZONING CASE REZ 0 0 0 0 5 7 DASH 2025.
THIS IS THE SITE LOCATION, AERIAL VICINITY MAP.
IT'S LOCATED ON COUNTY LINE ROAD IN PAN VIRGINIA.
HERE'S OUR ZONING MAP, WHICH IT IS ZONED, UH, RESIDENTIAL WITH PROFFERS.
FEATURE LAND USE MAP SHOWING AG, UH, IT'S NOT IN THE FLOOD ZONE.
THERE'S NO RPA LOCATED ON THE SITE.
AND THIS IS A NWI WETLANDS MAP.
AND THOSE, UH, WETLANDS ARE, UM, UNDER DEQ REGULATION.
AND THEN WE HAVE OUR SOILS MAP HERE.
THIS IS ONLY INFORMATIONAL PURPOSES ONLY.
UM, THE APPLICANT ALSO HAS A LOT LINE ADJUSTMENT APPLICATION IN, UH, FOR BUILDING REVIEW.
SO HERE'S COUNTY LINE ROAD, THE SITE AND THE APPLICANT, UM, WHICH WE'LL GET INTO LATER, IS GOING TO BE REQUESTING TO PUT IN A DRIVEWAY IN THIS AREA.
SO INFORMATION ON THE SITE, THE APPLICANT IS DALE RBA, UH, PROPERTY OWNERS IS MR. RBA.
THE LOCATION IS TAX MAP NUMBER 1 25 DASH TWO DASH V ONE AND 1 25 DASH TWO DASH C.
IT IS IN DISTRICT NINE, SUPERVISOR MAJOR, AND COMMISSIONER ROGERS.
UH, SITE ACREAGE FOR BOTH PARCELS IS 25.44 ACRES.
AGAIN, THE ZONING IS RESIDENTIAL WITH PROFFERS.
IT'S, UH, THE FUTURE LAND USE OF RECOMMENDATION IS AG.
AND THE REQUEST IS TO AMEND THE CURRENT PROFFER STATEMENT TO GAIN ACCESS TO COUNTY LINE ROAD, UM, OVERLAYS, NWI WETLANDS REGULATED BY DEQ.
ADJACENT ZONING IS AG RESIDENTIAL GENERAL BUSINESS AND INDUSTRIAL ADJACENT USES ARE SINGLE FAMILY RESIDENTIAL, VACANT AG AND INDUSTRIAL.
UM, I DID GO OVER THESE, SOME OF THESE WITH YOU LAST MONTH.
SO SOME OF IT IS JUST A REPEAT.
SO AGAIN, KEY FACTS, BOTH OF THESE PARCELS WERE PART OF A 2006 REZONING CASE.
UM, IN THAT CASE, THE, THE PROPER STATEMENT THAT WAS, UH, PRESENTED AT THAT TIME, NUMBER ONE, RESTRICTED VEHICULAR ACCESS TO THE SITE FROM COUNTY LINE ROAD, AND, UH, PROPER STATEMENT NUMBER THREE, UH, WHICH WE WILL GET INTO LATER AS WELL, RESTRICTS USE OF THE PROPERTY.
AND THE APPLICANT HAS ALSO SUBMITTED A REVISED PROPER STATEMENT.
SO ACCORDING TO VIRGINIA STATE CODE SECTION 15.2 DASH 23 0 2, IF AN APPLICANT, UM, HOMEOWNER, SORRY, APPLICANT OR A PROPERTY OWNER WANTS TO AMEND A PREVIOUSLY APPROVED PROPER STATEMENT, THEY HAVE TO GO THROUGH THAT SAME REZONING APPROVAL PROCESS AGAIN, WHICH THEY WOULD LIKE.
WE ARE HERE TONIGHT, HAVE TO HAVE A PUBLIC HEARING BEFORE THE PLANNING COMMISSION.
AND FROM HERE ALSO HAVE A PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS.
SO THIS SLIDE IS SHOWING THE CURRENT PROFFER STATEMENT.
PROFIT STATEMENT NUMBER TWO IS FADED OUT BECAUSE THAT PROFFER STATEMENT WILL NOT BE CHANGING.
SO JUST TO READ THESE INTO THE RECORD, CURRENT NUMBER ONE SAYS, ACCESS TO THE 25,429
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ACRE WATERSIDE.TWO PARCEL SHALL BE PROVIDED SOLELY THROUGH INTERNAL ROADS FROM THE ADJACENT PORTIONS OF THE PROPERTY, AND NO DIRECT ACCESS BETWEEN THE 25 POINT 429 ACRE PARCEL.
AND STATE ROUTE 6 0 1 SHALL BE PROVIDED.
NUMBER THREE, THE PARCEL SHALL BE SUBDIVIDED INTO SINGLE FAMILY RESIDENTIAL LOTS WITH NO LESS THAN THREE, NO LESS THAN 30,000 SQUARE FEET PER LOT.
SO THESE ARE THE TWO THAT THE APPLICANT IS ASKING TO HAVE AMENDED, AND THESE ARE THE TWO THAT WE WILL BE DISCUSSING THIS EVENING.
SO PROPER STATEMENT NUMBER ONE.
THAT STATEMENT WAS PUT THERE TO MITIGATE TRAFFIC.
THERE WAS SUPPOSED TO BE A 17 LOT SUBDIVISION DEVELOPMENT, WHICH NEVER HAPPENED.
UM, IT WAS TO KEEP ALL THE SUBDIVISION TRAFFIC FROM ALL THE STATE ROUTE 6 0 1.
UM, THE APPLICANT NOW HAS NO ACCESS TO EITHER PARCEL FROM COUNTY LINE ROAD BECAUSE THE CURRENT PROFFER RESTRICTS THAT.
UM, THERE'S ALSO ANOTHER ROAD TOWARDS THE EAST SIDE OF THE PARCELS, UM, CLAM COURT.
BUT BEING THAT CLAM COURT IS A PART OF THAT SUBDIVISION ROAD SYSTEM, THE APPLICANT HAS NO LEGAL RIGHT TO USE THAT ROAD SYSTEM.
PROPER STATEMENT NUMBER THREE WILL RESTRICT ANY FUTURE DEVELOPMENT OF THE SITES BECAUSE IT'S CALLING FOR A 30,000 SQUARE FEET LOTS.
ACK COUNTY CODE SECTION 1 0 6 DASH 80 AREA REGULATIONS ONLY ALLOWS FOR 10,000 TO 20 SQUARE, UH, FEET LOTS.
UH, AND THAT'S BASED ON UTILITIES.
SO IF HE HAD TO DO A 30,000 SQUARE FOOT LOT, THE ORDINANCE DOES NOT ALLOW FOR THAT.
SO IF THAT PROPER STATEMENT STAYS, HE WOULDN'T EVEN BE ABLE TO PUT A SINGLE FAMILY HOME ON THE LOT BECAUSE HE WOULD NEED THAT 30,000 SQUARE FOOT LOT, WHICH IS NOT IN THE CODE TO DO, IT'S NOT ALLOWED.
AND THESE ARE THE PROPOSED PROPER STATEMENT CHANGES.
SO NUMBER ONE NOW WOULD SAY THE PROPERTY MAY BE ACCESSED BY ONE ENTRANCE AND EXIT ON STATE ROUTE 6 0 1 SUBJECT TO APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION, WHICH WITH THIS AMENDMENT NOW, UH, MR. RBA WOULD BE ABLE TO HAVE A DRIVEWAY AND BE ABLE TO ACCESS HIS PARCELS.
AND PROPER STATEMENT NUMBER TWO IS NOT CHANGING, AND WE ARE STRIKING PROPER STATEMENT NUMBER THREE.
AND THAT IS THE END OF MY REPORT.
UM, SO THERE ARE TWO PARCELS, CORRECT? YES.
I CAN'T, BUT THE SUBDIVISION WOULD INCLUDE BOTH.
SO WE HAVE TRACK A AND TRACK B.
SO RIGHT NOW, THE APPLICANT DOES NOT HAVE ACCESS TO EITHER ONE OF THESE SITES.
AND HE'S NOT PLANNING TO DO A SUBDIVISION AT ALL.
UH, THE REZONING FROM 2006, THESE TWO PARCELS WERE SUPPOSED TO BE DEVELOPED INTO 17 INDIVIDUAL, UM MM-HMM
UH, THE PARCEL HAS BEEN SOLD TO HIM AND, UM, HE JUST PLANS TO HAVE ONE FOR NOW, ONE SINGLE FAMILY HOME.
AND HE HAS NO PLANS OF DEVELOPING A SUBDIVISION HERE? NO.
BUT, BUT IT, IT WE'RE SAYING ONE ACCESS POINT.
ONE ACCESS POINT PROBABLY WHERE HIS HOUSE IS GONNA BE HOUSE.
IT, IT IS GOING TO BE WHERE THE HOUSE IS, BUT THERE'S NO ACCESS POINT ALLOWED FOR THE SECOND PARCEL.
HE WOULD HAVE TO ACCESS BOTH FROM HIS HOUSE FROM THIS DRIVEWAY.
SO HE'S JUST ASKING FOR ACCESS.
HE'S NOT ASKING FOR DEVELOPMENT.
SO IF SOMETHING CHANGED DOWN THE ROAD, HE HAVE TO COME BACK.
WAIT, ORIGINALLY HE WAS GONNA ASK FOR, FOR TWO, ONE SECOND.
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SEE.AND THE APPLICANT'S AGENT IS HERE IF YOU ALL WOULD LIKE TO SPEAK, SPEAK WITH HER AS WELL.
I'M TRYING CLEAR, YOU KNOW, IF YOU GOT TWO SEPARATE PARCELS AND ONE ACCESS, THEN I'M JUST TRYING TO BE FAIR ABOUT IT, YOU KNOW, SO IF YOU DON'T, SO IF YOU'RE DONE WITH QUESTIONS FOR ME, IF YOU WANT, I CAN.
YEAH, I MEAN THAT'S, THAT'S JUST MY CAN GET QUESTION THERE, MS. ANITA JOHNSON TO COME UP AND SURE.
AND IF YOU WANNA ASK HER SOME QUESTIONS, SHE'S AVAILABLE, THAT WOULD BE A, A GOOD IDEA.
UM, WHEN HE ORIGINALLY LOOKED AT THIS, I THINK HE IS ONE OF, WHEN HE WAS DOING DRAFTS OR THINKING WHAT TO SUBMIT, I THINK HE ORIGINALLY HAD MAYBE TWO DRIVEWAY PARCELS.
UH, MR.
AND HE'S, UH, UH, HIS BUILDING, UH, IS, I WOULD SAY REASONABLE COST TO EVERYBODY.
I THINK HE'S ALMOST $10 A SQUARE FOOT CHEAPER THAN, UH, LIKE SOME OF THE BUILDERS IN CAPE CHARLES.
SO HE IS DONE A REALLY GOOD JOB OF, EVERYBODY'S NOT BEEN BACK THERE LATELY.
TAKE A LOOK AT THE HOUSES THAT HE'S BUILT THERE, BUT HE STILL HAS LIKE 15 LOTS AND HE WANTS A, THIS AREA, THE TWO PLACES THAT HE BOUGHT FROM MS. KIRKWOOD, SHE ORIGINALLY WAS GONNA MAKE 17 LOTS OUT OF IT, BUT HE'S BEEN SUCH A GOOD CLIENT OF HERS AND, AND, AND REALLY LOVES THE SHORE THAT HE'S ACTUALLY BUILT BOTH THESE PARCELS.
WANTS TO PUT HIS PERSONAL HOME THERE.
AND HE'S THINKING MAYBE DOWN THE ROAD, ONE OF HIS CHILDREN THAT WORKS FROM ONE OF HIS SONS WOULD BUILD A HOUSE THERE TOO, MAYBE DOWN THE ROAD.
BUT THE, UH, THAT'S GONNA BE HIS PERSONAL RESIDENCE.
UH, ORIGINALLY WAY LOOKED AT THIS SAME THING.
HE WOULD SAY, WELL, YOU KNOW, MAYBE ASK FOR TWO DRIVEWAYS, AT LEAST TWO ACCESSES ON THAT ROAD.
'CAUSE IT'S, IT'S 25 ACRES ALMOST.
AND, UH, UH, I DON'T KNOW WHY THEY LOOKED AT, YOU KNOW, THEY, THEY SAID MAYBE, YOU KNOW, JUST ASK FOR ONE.
SO, YOU KNOW, HE JUST WANTS TO GET ACCESS TO HIS HOUSE LIKE ANYBODY ELSE AS LONG, YOU KNOW, I GET THAT.
BUT I MEAN, LIKE, IF HIS CHILD WANTS TO BUILD A HOUSE SURE.
FURTHER DOWN THE STREET RIGHT.
THEN THEY'RE GONNA HAVE TO GO THROUGH THIS PROCESS TO GET AN ACCESS POINT.
IT MAKES MORE SENSE TO ME TO TO, BUT I KNOW, I'M JUST I AGREE WITH YOU
IT MAKES MORE SENSE TO HAVE ONE ACCESS POINT PER PROPERTY SINCE IT'S ALREADY WAS TWO SEPARATE PROPERTIES, YOU KNOW, WHEN HE BOUGHT IT.
IS THERE ANY WATER OR SEWER? UH, PUBLIC WATER OR SEWER? NO.
IT'S ALL GONNA NOT BE WELL ON SEPARATE.
IT'S, IT, THAT WHOLE SUBDIVISION IS WELL ON SEPTIC.
IT'S NOT WITHIN THE, UH, EXMORE TOWN LIMITS, BUT THERE'S A SIGNIFICANT DEVELOPMENT RIGHT NEXT TO IT.
THAT'S, I DON'T KNOW HOW MANY LOTS IN HER.
I DON'T KNOW THE EXACT NUMBER.
IT'S GOTTA BE SEVERAL HUNDRED.
BUT MR. RUBEN BARK, I THINK HE OWNS RIGHT NOW, CURRENTLY OWNS 15 LOTS.
BUT WHAT HE DOES IS HE BUYS THE LOTS AND THEN HE CONSTRUCTS HOUSES ON, THEN HE SELLS 'EM AS A PACKAGE DEAL.
'CAUSE CONSTRUCTION LOANS ARE HARD TO GET.
SO HE'S REALLY, YOU KNOW, HE'S HELPING OUT WITH THE HOUSING PROBLEM ON THE SHORE BY, I DON'T KNOW IF YOU GOT THE OTHER ONE.
IF, IF YOU LOOK, LOOK AT THE, THE, THE AERIAL IMAGE.
IT'S ONE OF THE TWO PREVIOUS TO THIS.
SEE, SEE WHAT'S TO THE RIGHT OF IT.
SO HE BOUGHT THIS AREA THERE FROM HER? YEAH.
WHICH WAS SET UP AS A DEVELOPMENT.
AND HE'S TRYING TO TAKE IT OUT OF THAT SO HE CAN PUT HIS PERSONAL HOME.
IT HAD LIMITED ACCESS FROM THE DEVELOPMENT.
SO HE'S TRYING TO FLIP IT WHERE HE CAN USE THE ROAD.
HE, HE DIDN'T WANNA BUY WITH, WITH ONE ACCESS, ONE ACCESS, SEND STATE.
ESSENTIALLY, HE DIDN'T WANNA BUY WITH IT IN THE SUBDIVISION, YOU KNOW, AND PAY THE, THE HOMEOWNER DUES AND ALL THAT.
AND SINCE THEY DIDN'T NEED 17 LOTS, YOU KNOW, IT DIDN'T SUIT MS. KIRKWOOD'S PURPOSES EITHER.
YOU KNOW, THEY HAVE A, A BIG PARCEL AND OKAY.
AND NOT THE SAME AMOUNT OF HOUSES ON IT.
SO HE JUST WANTS, JUST, I GUESS THEY SHOULD, YOU KNOW, I'LL HAVE TO REMOVE IT TOTALLY FROM THE SUBDIVISION SINCE PROFFERS WERE ALREADY MADE, BUT SHOULD BE TREATED JUST LIKE ANYBODY ELSE'S 25 ACRES.
ANY OTHER QUESTIONS OR NO? OKAY.
WELL, IF THERE ARE NO OTHER QUESTIONS AND BEFORE I OKAY.
[00:35:01]
OTHER COMMENTS FROM THE PUBLIC, YOU WANT HIM TO REOPEN THE, BECAUSE WE DIDN'T, WE DIDN'T.WE HAVE OTHER COMMENTS OR YES, SOMEONE WANTS TO SPEAK.
COULD YOU TELL US WHO YOU ARE PLEASE? OH, YES.
AND I JUST HAVE A QUESTION BECAUSE THE, UM, THE PICTURE THEY SENT AND IT'S, IT'S SHADED AND THE, THE BLUE IS SHADED.
I DON'T KNOW IF, IF, DID SHE HAVE A PICTURE OF THIS? BUT I KNOW THAT MY, MY LOT IS ON THIS.
MY QUESTION JUST IS, BECAUSE I LIVE ON CLAM COURT, RIGHT? ON THE, IF I CAN GO TO THE BUILDING, CAN I GO TO THE BOARD JUST FOR SURE.
THIS IS AN ODD PICTURE, I CAN'T BELIEVE, BUT I, I LIVE, I'M RIGHT HERE.
SO I, WHEN THEY SHADED, THEY JUST HAVE ME INCLUDED.
SO MY QUESTION IS, WILL I BE AFFECTED BY THIS? IS, I'M JUST TRYING TO UNDERSTAND WHAT HIS PROPOSAL IS, THAT'S ALL.
SO NOW I WAS UNDERSTAND AND ANSWER YOUR QUESTION.
UM, SO TO ANSWER YOUR QUESTION, WHAT YOU'RE SEEING HERE, YES, THIS IS THE AREA, THE CAMPUS OF PEOPLE WHO WE NOTIFIED TO.
BUT, BUT HIS ACCESS IS ON THIS ROAD.
SO IT WON'T HAVE TO AFFECT ME AT ALL.
OTHER QUESTION? IT WAS JUST ABOUT A DRIVER.
SO TO EXPLAIN WHAT SHE WAS TALKING ABOUT, WHEN WE HAVE, UM, A PUBLIC HEARING, WHETHER IT'S, UH, IF IT'S IN THE RESIDENTIAL AREA, WE HAVE TO SEND OUT TO A RADIUS OF 500, UM, SQUARE FEET.
UH, FOR THIS ONE, I DID GO OUT A LITTLE MORE THAN 500.
BEING THAT THE PARCEL IS SO LARGE, THE 500 WAS BASICALLY JUST THE PARCEL BY ITSELF.
SO WE DID OPEN IT UP A LITTLE BIT.
SO WHAT SHE WAS SEEING WAS THE RADIUS, UM, OF WHO WAS IN THAT, UH, AREA.
I THINK I MIGHT'VE DID MAYBE 900 SQUARE FEET SO THAT WE WOULD GET SOME OF THE NEIGHBORS INCLUDED.
SO THAT'S WHAT SHE WAS SEEING AND WANTED TO MAKE SURE THAT THIS PROJECT, THIS AREA WASN'T GOING TO AFFECT HER PROPERTY.
SO WE CAN CLOSE THE PUBLIC COMMENT PERIOD.
WITH THAT, WE'LL, WE'LL CLOSE PUBLIC COMMENT, GARY.
UM, SO WERE THERE ANY QUESTIONS OR CHANGES THAT NEEDED TO BE MADE? AND IF NOT, THEN I WOULD ASK FOR A MOTION TO, UH, RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS.
I MOVE TO APPROVE TO THE BOARD OF SUPERVISORS FOR THEIR REVIEW.
STATE ONE ROAD THERE FOR, UM, FOR STAFF REPORTS.
WE REALLY DON'T HAVE A WHOLE LOT.
WE DON'T HAVE ANY MAJOR SUBDIVISIONS.
UH, BEFORE YOU, I WILL MENTION AS I DID LAST, UH, LAST MONTH, THAT THE COASTAL SQUARE AND RESIDENCES, UH, SITE PLAN IS MAKING ITS WAY THROUGH THE ROUNDS, THROUGH THE REVIEW.
STILL NOT DONE YET, BUT, UM, BUT, UH, THAT IS, UH, THAT, THAT IS WHAT WE HAVE IN TERMS OF, IN TERMS OF CASES, THIS IS AN OUTDATED, UH, THIS IS AN OUTDATED CHART, BUT THE BOARD OF ZONING APPEALS ACTUALLY DID MEET TODAY.
THEY HAD THREE CASES, UM, TWO OF THEM, LET'S SEE, WE HAD, WE HAD ONE, UM, WE HAD ONE CASE FOR A, UH, FOR AN RV.
WE HAD ANOTHER CASE FOR A, FOR AN OFF-PREMISES SIGN.
AND WE ALSO HAD ANOTHER CASE FOR A SPECIAL USE PERMIT FOR GROUND MOUNTED SOLAR AND A VARIANCE FOR THE GROUND MOUNTED SOLAR.
ALL OF THOSE, UH, ALL OF THOSE, UH, UH, CASES WERE PASSED
[00:40:01]
BY THE BOARD OF ZONING APPEALS.AS FAR AS NEXT MONTH IS CONCERNED, WE DO HAVE, UH, I BELIEVE THAT THIS CHART IS ACTUALLY CORRECT, BUT WE'VE GOT, UM, FIVE SPECIAL USE PERMITS AND, UH, UH, THAT'S GOING TO BE AT THEIR, UH, AT THEIR, UH, AUGUST MEETING.
NOW, AS FAR AS THE DEPUTY COUNTY ADMINISTRATOR, UH, UH, REPORT, WE ARE ADVERTISING FOR THREE POSITIONS RIGHT NOW.
TWO OF THEM ARE FOR BUILDING INSPECTORS.
WE REALLY NEED BUILDING INSPECTORS THAT WOULD BRING US TO A FULL SLATE OF BUILDING INSPECTORS IF WE COULD GET TOO, UH, TOO HIRED.
AND THEN WE ALSO HAVE AN ENVIRONMENTAL PLANNER POSITION THAT'S, UH, THAT'S STILL BEING ADVERTISED.
UM, OTHER THAN THAT, THAT CONCLUDES MY REMARKS AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
DID YOU MENTION THAT THE ZONING AVAIL APPROVED THE SOLAR PROJECT? IT WAS A, IT WAS A SOLAR PRO.
IT WAS NOT A UTILITY SCALE SOLAR PROJECT.
I SHOULD HAVE, UH, UH, MENTIONED THAT IT WAS A SOLAR PROJECT FOR IT.
IT WAS CALLED A LARGE SOLAR PROJECT, BUT THAT IS FOR POWER TO BE CONSUMED ON SITE.
SO WHEN YOU START GETTING INTO THE UTILITY SCALE STUFF, WHEN THEY START DISCHARGING POWER BACK TO THE BACK TO THE GRID, THAT'S UTILITY SCALE.
BUT THIS, UH, THIS SPECIAL USE PERMIT WAS FOR A, UH, UM, A CHICKEN FARM OR FOR A, A A FOR A CHICKEN PRODUCER.
SO, UM, THEY ELECTED, THEY ELECTED TO HAVE, UH, GROUND MOUNTED SOLAR, NOT ROOF MOUNTED.
THAT WOULD'VE BEEN OUR PREFERENCE.
BUT, UH, BUT THE, UH, UH, THE PROPOSAL WAS FOR GROUND MOUNTED SOLAR FOR POWER CONSUMPTION ON SITE ONLY BY DEFINITION OF THE ZONING ORDINANCE.
THEY'RE ONLY ALLOWED TO, UH, THEY'RE ONLY ALLOWED TO, UH, UH, GENERATE THAT POWER FOR ONSITE ONLY.
I WONDER WHY THEY DIDN'T USE THAT HUGE ROOF SURFACE FOR SOLAR BUTAND.
CAN I ANSWER THAT? YOU WERE THERE.
THE HOUSES ARE NORTH, SOUTH, NOT EAST, WEST.
I I SAID THE SAME THING AT THE HEARING, BUT THEN WHEN I NOTICED THAT THE HOUSES ARE NORTH SOUTH, THEY'D HAVE HAD TO TIP ALL THE PANELS TO, TO, TO THE SOUTH.
THE TWO ADDITIONAL BUILDING INSPECTORS THAT YOU WERE REQUESTING, THAT WOULD BE THREE ON STAFF, OR WOULD ACTUALLY BE FOUR ON STAFF? FOUR ON STAFF.
SO OUR BUILDING OFFICIAL AND THREE INSPECTORS, OF COURSE, THEY ALL HAVE TO BE CERTIFIED AS, AS A BUILDING INSPECTORS TO, UH, TO DO THEIR DUTY.
WELL, WITH THE AMOUNT OF CONSTRUCTION THAT'S GOING ON IN THE COUNTY AND THE VARIANCE OF THE TYPE OF CONSTRUCTION, I'M SURE YOU WOULD NEED 'EM.
UM, WE'RE OPTIMISTIC ON STAFF THAT THE AKIMA COUNTY WILL CONTINUE TO, UH, SEE INCREASED DEVELOPMENT YEAH.
IN THE RIGHT PLACES, OF COURSE.
AND, UM, UH, WE WE'RE, WE'RE CONSTANTLY SEEING, I MEAN, WE'VE, EVEN WITHOUT THE PROPOSED DEVELOPMENTS LIKE COASTAL SQUARE, UH, IN RESIDENCES, YEAH.
UM, UH, THERE'S STILL A LOT OF INTEREST IN BUILDING IN MACK.
UM, UH, UH, CAPTAIN'S COVE, FOR EXAMPLE, WE'RE CONSTANTLY GETTING BUILDING PERMITS FOR BRAND NEW HOUSES IN CAPTAIN'S COVE.
WE'RE GETTING, UH, YOU KNOW, UH, ANITA JOHNSON, WHO ACTUALLY DIDN'T INTRODUCE HERSELF COMING TO THE PODIUM, BUT THAT WAS ANITA JOHNSON.
WHO WAS REPRESENTING THE REZONING.
UM, HAD MENTIONED, UH, MR. RBA, UH, UH, HAD PULLED SEVERAL, UH, UM, SINGLE FAMILY DWELLING BUILDING PERMITS.
AND THAT'S JUST ONE DEVELOPER, OR THAT'S JUST ONE BUILDER.
SO, UH, WE, WE ARE, WE NEED EVERY BUILDING OFFICIAL THAT WE CAN GET.
UH, WE WE'RE AUTHORIZED FOUR, AND IF WE HAVE FOUR, THEN, YOU KNOW, WE CAN, WE CAN DIVIDE THE COUNTY UP A LITTLE BIT MORE EVENLY AS OPPOSED TO TWO.
SO WITH, WITH THE SIZE OF MACK COUNTY, INCLUDING, YOU KNOW, IF SOMEONE WANTS TO BUILD A HOUSE ON TANGER, WE'VE GOTTA GET OUT THERE TOO, YOU KNOW.
SO, UM, THERE IS, UH, THERE IS A NEED TO FILL THOSE POSITIONS.
UM, UH, THE, THE CHALLENGE WITH THE BUILDING INSPECTORS IS THAT THEY HAVE TO BE TRAINED.
AND IN ORDER TO GET THAT TRAINING, YOU CAN'T BE IN TWO PLACES AT ONE AT AT ONCE.
YOU'RE EITHER ON THE ROAD DOING YOUR INSPECTIONS OR YOU'RE IN THE CLASSROOM, EITHER VIRTUALLY OR IN PERSON TRYING TO GET THE, THE VARIETY OF, UH, OF, UH, CERTIFICATIONS THAT YOU NEED.
SO WE'RE NOT JUST TALKING ABOUT, YOU KNOW, YOU DON'T, UH, YOU DON'T SHOW UP ON DAY ONE AND ALL OF A
[00:45:01]
SUDDEN YOU'RE A BUILDING INSPECTOR, YOU'VE GOTTA GET ELECTRICAL INSPECTIONS, YOU'VE GOTTA GET ELECTRICAL PLAN REVIEW, YOU'VE GOTTA GET STRUCTURAL.UH, SO THERE ARE GENERALLY TWO SIDES TO EACH ONE OF THOSE TRADES, IF YOU WILL.
UH, MECHANICAL, ELECTRICAL, PLUMBING, THERE'S AN ENERGY CERTIFICATION.
THERE'S A, THERE IS A, UH, AN AMUSEMENT DEVICES CERTIFICATION, ELEVATOR INSPECTION CERTIFICATION.
AND, UM, ALTHOUGH WE DON'T HAVE A WHOLE LOT OF TALL BUILDINGS HERE IN ABACK, WE CERTAINLY HAVE A LOT OF, UH, CARNIVALS THAT NEED, UH, YOU KNOW, AMUSEMENT DEVICES INSPECTED AND, AND, AND THAT KIND OF THING.
BUT, UH, UH, NOT WITH JUST THE, UM, WITH THE REGULAR TRADES LIKE ELECTRICAL, PLUMBING, UH, UH, STRUCTURAL WITH THE, WITH THE CARPENTRY, UH, ALL OF THAT, YOU'VE GOTTA GO TO CLASS IN ORDER TO, UH, IN ORDER TO GET CERTIFIED.
SO RIGHT NOW, WITH ONLY TWO INSPECTORS, AND WHEN THEY FIRST CAME ON, YOU KNOW, THEY WERE EITHER CERTIFIED IN MARYLAND AND THERE'S NO RECIPROCITY BETWEEN VIRGINIA AND MARYLAND IN THAT REGARD.
OR WE HAD SOMEBODY NEW, UH, A A A TRADES PERSON WHO, UH, WHO WANTED TO GET OUT OF THE TRADES AND GET INTO, UH, AND GET INTO INSPECTIONS.
UH, IT'S DIFFICULT TO MANAGE THE WORKLOAD WITH ONLY TWO INSPECTORS.
UM, WE DID HAVE TO HAVE, WE DID HAVE, UH, FIVE AT THE BEGINNING OF THE YEAR.
ONE WAS A CONSULTANT, ONE, UM, ONE MADE A LATERAL MOVE INTERNALLY, AND THEN, UM, AND THEN, UH, UH, ONE WAS LET GO.
SO WE HAD AS MANY AS FIVE AT THE BEGINNING OF THE YEAR.
WE WOULD LOVE TO, WE WOULD LOVE TO BE ABLE TO GET BACK UP TO FOUR TO MORE EVENLY SPREAD OUT THAT WORKLOAD.
DO YOU EVER TAKE INTO CONSIDERATION, AND I'LL SAY THIS ABOUT CAPTAIN'S COVE.
I, YOU KNOW, LIVE ON CHITE AND WE HEAR ENDLESS COMPLAINTS ABOUT THE WATER IN CAPTAIN'S COVE AND PUTRID.
IT IS, IT'S EVIDENTLY BEEN SOLD A NUMBER OF TIMES, UH,
DO THEY EVER TAKE THAT INTO CONSIDERATION WHEN YOU'RE TALKING ABOUT, UH, PEOPLE APPLYING FOR A BUILDING, UH, PERMITS, UH, ACCESS TO WATER? SURE.
SO, UM, SO THEY HAVE THEIR OWN WATER PLAN, THEY HAVE THEIR OWN SEWER PLAN, AND THEY'RE RESPONSIBLE FOR THAT.
UH, THEY HAVE A THIRD PARTY, YOU KNOW, I BELIEVE IT'S AQUA THAT PROVIDES THOSE SERVICES FOR CAPTAINS COVE.
AND, UM, PEOPLE ARE ALWAYS COMPLAINING, YOU HEAR ALL THE TIME BECAUSE, BECAUSE IT IS A PRIVATE SYSTEM, THE, THE COUNTY HAS NO, UH, HAS NO STAKE IN THAT.
NO, NO JURISDICTION, IF YOU WILL.
THE ONLY TIME THAT, UH, SO IF THERE IS WATER AND SEWER AVAILABLE, WE'LL CALL THAT A CENTRALIZED WATER AND SEWER SYSTEM, UH, AS OPPOSED TO THE QUOTE UNQUOTE PUBLIC, WHICH THE TOWN OF ONANCOCK OR THE TOWN OF SHIITE MIGHT OWN THEIR SYSTEM.
BUT, UH, BUT ALL OF THOSE SYSTEMS ARE CENTRALIZED SYSTEMS. UH, MEANING, YOU KNOW, WHEN YOU TURN ON THE TAP, IT'S COMING FROM A CENTRAL LOCATION, AND WHEN YOU FLUSH THE TOILET, IT GOES TO A CENTRAL LOCATION AS OPPOSED TO THE WELL AND SEPTIC THAT WE'RE USUALLY ACCUSTOMED TO HERE.
BUT THERE HAS TO BE SOME PUBLIC HEALTH STANDARDS INVOLVED IN THAT
AND THE, THEN, THEN THE RESIDENTS OF CAPTAINS COVE CAN, UM, CAN, UH, UH, MENTION THAT TO THE HEALTH DEPARTMENT.
IF THERE, IF THERE ARE, IF THEY FEEL LIKE THEY'RE A SERVICE OR THE QUALITY OF THE WATER IS LACKING, THAT'S NOT GONNA BE A COUNTY ISSUE BECAUSE WE DON'T, WE DON'T OWN, MAINTAIN, OR OPERATE THAT SYSTEM.
FOR THE COUNTY DOES NOT DO THAT.
THE HEALTH DEPARTMENT DOES THAT.
AND D STATE HEALTH DEPARTMENT DOES THAT.
DEQ AND, AND DEQ FOR THE SEWER, DEQ.
AND, AND, AND THEY MAY, AND THEY MAY ALSO HAVE LIMITS ON GROUNDWATER WITHDRAWAL.
BUT AGAIN, MACK COUNTY HAS NOTHING TO DO WITH THAT WATER AND SEWER SYSTEM.
AND JUST TO COMMENT ABOUT OUR PREVIOUS CONVERSATION, UM, I WOULD SAY THAT THERE'S NOT A SINGLE DEVELOPMENT IN AKIMA COUNTY THAT'S BUILT OUT.
YOU CAN RIDE AROUND AND LOOK AT ALL THESE DEVELOPMENTS AND SEE MANY VACANT LOTS.
OH, CAPTAIN'S COVE HAS BEEN THERE FOR, I DON'T KNOW, WAS IT 2000 LOTS? IT'S A LONG TIME.
AND YOU'LL SEE, SO WHEN, WHEN YOU HEAR SPECULATION ABOUT ANOTHER DEVELOPMENT, SOMETIMES YOU WONDER WHAT, WHAT'S GOING ON? BECAUSE THERE'S ALREADY MANY, MANY, MANY LOTS AVAILABLE.
AND, AND, YOU KNOW, YOU KNOW, THEY'RE NOT SELLING
[00:50:01]
OR THEY'VE BEEN SOLD, UH, FOR SPECULATIVE PURPOSES, BUT THEY'RE, THEY'RE NOT BUILT OUT ALL OVER THE COUNTY.IF A DEVELOPER WANTED TO COME IN AND PROPOSE ANOTHER DEVELOPMENT, IT'S, UH, YOU KNOW, WE'D HAVE TO PROCESS THAT.
YOU'D HAVE TO PROCESS IT, BUT I JUST, AND IF, IF THEY'VE GOT A BETTER WAY OF, OF EITHER BUILDING OR MARKETING YOU, YOU JUST GOTTA GIVE THEM THEIR SHOT, YOU KNOW,
ONE OTHER QUESTION ON THE REVIEW, REVIEW, REVIEW PROCESS.
IS IT, I PARTICULARLY ABOUT THE, UH, PROJECT HERE ON FAIRGROUND ROAD, UH, IS ALL COUNTER REVIEW PROCESS EVER BEEN REVIEWED? IS IT OVERLY TAXING OR IS IT SLOWING PROJECTS DOWN, OR IT SEEMS TO BE WORKING OKAY.
OUR REVIEW PROCESS IS A WORK IN PROGRESS.
UM, YOU KNOW, WHEN, WHEN, WHEN, WHEN I GOT HERE, UH, I DID NOTICE SOME THINGS THAT I FELT COULD BE CHANGED.
UH, ONE OF THE THINGS THAT WE'RE CONTINUALLY STRIVING FOR, WHICH SOMETIMES WE SUCCEED, AND SOMETIMES AGAIN, WE CAN DO BETTER, IS GETTING THESE COMMENTS OUT SOONER.
BECAUSE WE KNOW THAT TIME IS MONEY.
I HAPPEN TO BE THE MOST EXPERIENCED PLAN REVIEWER ON STAFF.
SO I'M, YOU KNOW, I'M, I'M TRYING TO, UH, UH, UH, IMPART SOME OF THAT KNOWLEDGE AND SOME OF THAT, UH, EXPERTISE ONTO THE STAFF SO THAT THEY CAN ALSO DO THESE, UH, THESE SITE PLAN REVIEWS IS WHERE WE'RE REALLY, IS WHERE WE'RE REALLY TRYING TO FOCUS ON, ON MAKING SURE THAT THAT, UH, THAT REVIEW AND THAT EXPERIENCE IS SEAMLESS FOR THE DEVELOPER.
UH, IT IS A LITTLE BIT OF A CHALLENGE WHEN WE'RE TRYING TO TRAIN UP OTHER FOLKS TO REVIEW THE PLANS, UH, UH, THOROUGHLY AND YET QUICKLY.
BUT, UM, THAT, THAT IS SOMETHING, AS I MENTIONED, IS A, UH, IS A WORK IN PROGRESS, IS, IS GETTING TO THAT POINT WHERE IT'S SEAMLESS FOR THE DEVELOPER OR FOR THE ENGINEER, OR FOR THE ARCHITECT WHO'S SUBMITTING PLANS.
IT'S NOT SO MUCH AN ISSUE FOR THE, THE BUILDING AND ZONING PERMITS, WHICH ARE, UH, DARE I SAY, A, A LOWER LEVEL OF PERMIT THAN SAY, A COASTAL SQUARE IN RESIDENCES WHERE WE'RE TALKING ABOUT AN ENTIRE MIXED USE DEVELOPMENT OR, YOU KNOW, UH, UH, SOMETHING LIKE THAT.
UH, EVEN FOR A, UH, FOR, UH, UH, A COMMERCIAL SITE PLAN.
SAY FOR INSTANCE, IF, UH, IF THEY WANTED TO BUILD A, A CONVENIENCE STORE WITH GAS STATION, UH, WITH, WITH THE GAS PUMPS, UH, IT WOULD ACTUALLY, YOU KNOW, IT WOULD BOIL DOWN TO ME AND SHAUNTICE TO REVIEW THAT UNLESS WE WERE TO OUTSOURCE THAT.
DO YOU ACCEPT ENGINEERED STAMP PLANS, OR DO YOU REVIEW THEM WHETHER THERE'S, UH, WHATEVER LEVEL OF ENGINEERING THAT THEY BRING TO THE TABLE? DO YOU STILL REVIEW THEM AS DETAILED AS YOU WOULD? WHEN WE HAD SOME TRANSITION ON STAFF, I WAS REVIEWING, UM, I WAS REVIEWING, UH, YOU KNOW, THE LOWER LEVEL PERMITS, THE BUILDINGS, YOU KNOW, SOME OF THE BUILDING PERMITS, UH, INCLUDED ZONING, UH, INCLUDED SOME, UH, UH, ZONING, UH, YOU KNOW, ITEMS THAT NEEDED TO BE REVIEWED.
BUT WHERE I HAVE BEEN FOCUSING MORE RECENTLY IS SOME OF THE HIGHER LEVEL REVIEWS FOR, UH, THAT REQUIRED AN ENGINEER STAMP.
UH, NOT ALL PLANS WILL REQUIRE AN ENGINEERED STAMP, BUT IF WE'RE TALKING ABOUT A HIGHER LEVEL OF DEVELOPMENT, THAT'S WHEN I'M GOING TO GET INVOLVED.
UH, THAT'S WHERE I'M GOING TO, UH, THAT'S WHERE I'M GOING TO INCLUDE COUNTY PLANNER, SHAUNTICE, RIDLEY ON, YOU KNOW, THIS IS, THESE ARE THE THINGS THAT I LOOK OUT FOR.
AND, UM, AND DOING THAT REPEATEDLY WILL, UH, YOU KNOW, WILL ESSENTIALLY TRAIN UP THE STAFF.
THERE'S NO SCHOOL OR COURSE FOR SITE PLAN REVIEW.
YOU JUST HAVE TO, YOU JUST HAVE TO WORK YOUR WAY THROUGH IT.
ANY OTHER QUESTIONS OR COMMENTS? ONE MORE, OR ARE THE MAJORITY, OR MANY OF THE DEVELOPERS, ARE THEY, ARE THEY SHORE RESIDENTS OR ARE THEY OFF THE SHORE? WE HAVE APPLICANTS FROM ALL OVER.
UM, UM, I COULDN'T PUT A PERCENTAGE ON WHAT'S LOCAL AND WHAT'S FROM OUT OF TOWN.
UM, YOU KNOW, UH, WHEN, WHEN, WHEN A PLAN COMES IN, WHETHER IT'S FROM A, FROM SOMEONE FROM THE SHORE, OR WHETHER IT'S FROM AN ENGINEER ACROSS THE BAY OR SOMEONE FROM, YOU KNOW, DELAWARE AND MARYLAND, WE'RE GOING TO REVIEW THAT, UH,
[00:55:01]
OBJECTIVELY.WE'RE GONNA REVIEW IT THOROUGHLY.
AND, UM, AND AS FAIRLY AS WE CAN, BUT, UH, AS, AS YOU WOULD DO ALL OF THEM.
SO IT DOESN'T MATTER WHO YOU ARE, YOU SHOULD BE GETTING THE SAME TREATMENT.
ARE THERE ANY OTHER REPORTS FROM YOU? HALF OF US, NO, SIR.
STAFF HAS NOTHING FURTHER FOR THE COMMISSION AT THIS TIME.
ARE THERE ANY OTHER BUSINESS TO BE BROUGHT BEFORE THE STAFF AT THIS TIME? IF NOT, WE'LL ENTERTAIN A MOTION TO ADJOURN IN THE ABSENCE OF
IN THE ABSENCE OF MR. TYLER, YOU MOVED
AYE, WE ADJOURN? THANK YOU ALL.