* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. MR. MRS. TAYLOR, [00:00:01] RILEY, ABSENT AND MR. BARON. [Planning Commission Regular Meeting on September 10, 2025.] ALRIGHT, LET MOVE ON TO ADOPTION OF THE AGENDA. DOES ANYBODY HAVE ANY ADDITIONS OR SUBTRACTIONS TO THE AGENDA? I GUESS I DO. UM, IN, UH, THE REZONING ON THE AGENDA SHEET, YOU GUYS HAVE, UH, A BUNCH OF ZEROS ON THE FRONT PAGE. IT DOESN'T HAVE THE 1 41 OR 1 42 ON IT. AND, UH, I GUESS WILL WE WANNA MOVE THE PUBLIC HEARING UP BEFORE THE OTHER, UH, NEW BUSINESS THAT WOULD BE STRICTLY UP TO YOU AND THE REST OF THE COMMISSION. IF YOU WANT TO REORDER THE AGENDA, IF WE'D BE PERFECTLY HAPPY TO PRESENT THE, UH, UM, THE, UH, PUBLIC HEARING FIRST IF YOU'D LIKE. I HAVE A LOT OF QUESTIONS ABOUT THE REZONING. OKAY. ALL RIGHT. SO YOU HAVE A LOT OF QUESTIONS ABOUT THE REZONING OR THE PRELIMINARY PLAN? REZONING. REZONING. OKAY. YOU NEED A MOTION? SURE. UH, MOTION TO AMEND THE AGENDA. TO REORDER THE SEQUENCE OF EVENTS. I'LL SECOND. AYE. ALL IN FAVOR SAY AYE. A AYE. AYE. ALL OPPOSED? ALL RIGHT. CAN MOVE ON TO THE MINUTES OF WEDNESDAY, AUGUST 13TH. DOES ANYBODY HAVE ANY CORRECTIONS MOTION TO ACCEPT ANYONE? I MAKE A MOTION THAT WE ACCEPT FOR MINUTES. ALRIGHT, SECOND. I HAVE A MOTION TO SECOND TO ACCEPT AS WRITTEN. ALL IN FAVOR SAY AYE. A AYE. AYE. ANY MOVE ON TO PUBLIC COMMENT? IS ANYBODY SIGNED UP FOR REGULAR PUBLIC COMMENT? ALL RIGHT, WE'LL CLOSE THE PUBLIC COMMENT. I GUESS WE CAN OPEN THE PUBLIC HEARING ON DUNCAN MANOR. PRELIMINARY PLAT 0 0 0 1 3 5 2005. ATLANTIC GROUP. CHRIS CR OH, I'M SORRY. OH, OKAY. YOU WANT PRESENT? YEAH. YES, MA'AM. THANK YOU MADAM CHAIR. MEMBERS OF COMMISSION, LEE PBIT, DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT. THIS IS A, UH, A PRELIMINARY PLAT REVIEW WHERE THE PLANNING COMMISSION BY, UH, BY PROVISION OF THE ZONING ORDINANCE, PROVIDES A RECOMMENDATION TO THE SUBDIVISION AGENT, WHO IS ME. UM, UH, WHEN I GOT HERE, I WAS DESIGNATED AS BOTH THE ZONING ADMINISTRATOR AND THE SUBDIVISION AGENT, UM, BY THE BOARD OF SUPERVISORS. AND AGAIN, THAT IS, UH, THAT IS WHAT YOU FIND UNDER SECTIONS 78, 9 C AND D. IN ANY CASE, UH, THIS IS A 29 LOT SUBDIVISION. WHAT THEY INTEND TO DO IS TO ESSENTIALLY RE SUBDIVIDE AND REDUCE THE NUMBER OF LOTS WITHIN THIS AREA THAT YOU SEE HERE IN RED. THIS IS THE, UM, THIS, UH, THESE ARE THE 54 LOTS THAT THEY'RE GOING TO BE, UH, RE SUBDIVIDING ESSENTIALLY. AND, UH, AS YOU CAN SEE, THIS IS WEST MAIN STREET AND MARKET STREET HEADING INTO A MANKO. THE, UH, THE MAJOR SITE DIRECTLY ACROSS MARKET STREET IS RIVERSIDE HOSPITAL, AND THEN THIS IS THE MAJOR INTERSECTION AT WEST MAIN AND ROUTE 13, THE ROYAL FARMS IS HERE. AND, UH, THE PREVIOUSLY APPROVED COASTAL SQUARE IN RESIDENCES IS TO THE NORTH. THIS IS THE ZONING MAP, WHICH INDICATES MULTIPLE LOTS THAT ARE ZONED BUSINESS. AND THEN YOU'VE GOT A FEW LOTS THAT ARE ZONED, ACTUALLY ZONED AGRICULTURE. AND WE WILL ADDRESS THOSE IN STAFF REPORT. THIS IS THE FUTURE LAND USE, UH, PLAN THAT SHOWS THE ENTIRE AREA BEING DESIGNATED AS VILLAGE DEVELOPMENT AREA. AND AS YOU RECALL FROM OUR PR FROM OUR PAST APPLICATIONS, AS WELL AS THE STAFF REPORT IN YOUR PACKET THAT, UH, THE VILLAGE DEVELOPMENT AREA IS INTENDED AS A HIGHER DENSITY AREA. AND WHAT THEY'RE ACTUALLY DOING IS REDUCING THE NUMBER OF LOTS, AGAIN, WITHIN THIS RED AREA. THE [00:05:01] APPLICANT IS MR. CHRIS CARBO WITH THE ATLANTIC GROUP, WHO IS PRESENT TONIGHT AND AVAILABLE TO, UH, ANSWER ANY QUESTIONS YOU MIGHT HAVE. THE PROPERTY OWNERS ARE HIS, UH, PARTNER OSKY GROUP INCORPORATED, AND THERE ARE, AGAIN, SEVERAL TAX PARCELS INVOLVED HERE. UM, IT'S IN DISTRICT SEVEN, UH, CHAIRMAN PHILLIPS ON THE, UH, BOARD OF SUPERVISORS, AND THEN COMMISSIONER GALE. THE AREA OF THAT OUTLINED, UH, OF THAT OUTLINE IS 14.28 ACRES. UH, AS YOU SAW BEFORE ON THE ZONING MAP, IT IS A, UH, MIXED ZONED SITE. UM, PRIMARILY BUSINESS, BUT SOME AGRICULTURAL. THE REQUEST, AGAIN, IS TO OBTAIN PLANNING COMMISSION'S, UH, RECOMMENDATION TO MEET THE SUBDIVISION AGENT ON THIS 29 LOT PRELIMINARY PLAT. NO OVERLAYS ARE, UH, ARE PRESENT AND, UH, LIKEWISE NO, UH, ENVIRONMENTAL OVERLAYS. THE ADJACENT ZONING, AGAIN, CONTINUES TO BE A BUSINESS IN AGRICULTURAL AND AKIMA COUNTY, UH, IN THE TOWN OF ONLY IT IS ADJACENT TO A BUSINESS DISTRICT. ADJACENT USES ARE SINGLE FAMILY, RESIDENTIAL, VACANT, RESIDENTIAL, AND COMMERCIAL. WE'RE ALL FAMILIAR WITH WHAT GOES ON ON, UH, MARKET STREET, THE HOUSING TYPE. UH, THESE ARE INTENDED TO BE SINGLE FAMILY DWELLINGS. AND AS REQUESTED, LAST MONTH WE OBTAINED SOME RENDERINGS OF POSSIBLE HOUSING TYPES. I WILL MENTION THAT EVEN THOUGH THEY SHOWED THOSE TO US, THAT THEY ARE NON-BINDING 'CAUSE THERE ARE NO PROFFERS AND NO REQUIREMENTS FOR THAT. UM, HOWEVER, SINGLE FAMILY, UH, RESIDENCES ARE ALLOWED IN THE BUSINESS DISTRICT, BUT THEY DO REQUIRE A SPECIAL USE PERMIT. THAT SPECIAL USE PERMIT CAN BE OBTAINED BY THE BOARD OF ZONING APPEALS. THIS BODY HAS NO, UH, HAS NO INTERACTION WITH REGARDS TO THINGS LIKE VARIANCES AND SPECIAL USE PERMITS. THERE ARE, UH, UH, THERE ARE 38 LOTS THAT THEY, AND PLUS THE NINE THAT THEY WANT TO REDUCE IN NUMBER TWO, UH, 29 BUILDING LOTS. THEY ARE ESSENTIALLY CONSOLIDATING AND ADJUSTING THOSE 50 FOOT LOTS. MOST OF THOSE LOTS ARE 50 FEET WIDE. THE EXISTING LOTS ARE 50 FEET WIDE, AND THEY WANT TO CREATE 60 FOOT WIDE LOTS. SO THEY ARE IN, IN ESSENCE, REDUCING THE NUMBER OF LOTS. THERE IS NO MINIMUM LOT SIZE IN BUS IN THE BUSINESS DISTRICT, BUT AGAIN, MOST OF THESE ARE ABOUT 60 BY, UH, BY BETWEEN ONE 50 AND 200 UH FEET. THE STREETS ARE PRIVATE, THEY'RE, THEY'RE CURRENTLY PRIVATE, AND THE IMPROVED STREETS WILL BE BUILT TO BEAT ON STANDARDS. THE UTILITIES, UM, AN C**K WATER WILL SERVE, UH, WILL SERVE THE SITE AS WILL THE HAMPTON ROAD SANITATION DISTRICT OR HRSD. BUT THAT BEING SAID, WE'LL GO RIGHT INTO THE, WE'LL GO RIGHT INTO THE PLAN. AND, UH, THERE ARE MULTIPLE SHEETS. THIS IS THE OVERALL PLAN RIGHT HERE. AND AGAIN, THE ENTRANCE IS RIGHT OFF OF, UH, RIGHT OFF OF, UH, MARKET STREET. THIS RIGHT HERE IS THE, UH, IS, UH, DUNCAN MANOR DRIVE. DUNCAN MANOR DRIVE ACTUALLY ENDS RIGHT ABOUT HERE. THEY'LL BE CONSOLIDATING THESE LOTS INTO, UH, ONE PARCEL THAT IS RESERVED FOR FUTURE DEVELOPMENT. AND THEN THESE LOTS HERE WILL ALSO BE CONSOLIDATED AND, UH, RESERVED FOR FUTURE DEVELOPMENT. BUT THE, THE BULK OF THE BUILDING LOTS WILL BE ON THE SOUTH SIDE OF DUNCAN MANOR DRIVE. THERE ARE SEVERAL PROPERTIES THAT ARE NOT INCLUDED. UH, FOR INSTANCE, THIS LITTLE SLIVER RIGHT HERE IS NOT PART OF THE SUBDIVISION THAT IS OWNED BY A DIFFERENT PROPERTY OWNER, AS ARE THESE THREE LOTS RIGHT HERE. IF WE NEED TO ZOOM IN, WE CERTAINLY CAN. BUT THIS SHEET RIGHT HERE, P 1 0 3 SHOWS THE, THE ENTRANCE AND THEN ALL OF THE BUILDABLE LOTS AGAIN ON THE SOUTH SIDE OF DUNCAN MANOR DRIVE. AND THEN HE ALSO HAS A FEW LOTS. HE'S GOT FOUR LOTS THAT FRONT DIRECTLY OFF OF MARKET STREET. THESE ARE THREE LOTS THAT, UM, THAT ARE NOT OWNED BY THE, UM, BY THE APPLICANT. BUT AS YOU CAN SEE HERE, UH, THERE IS A LITTLE BIT OF A, UM, A LITTLE BIT OF A, UH, UH, UM, REALIGNMENT OF DUNCAN MANOR DRIVE. SO THERE IS, UH, THERE IS SOME, UM, UH, RIGHT OF WAY DEDICATION. THIS RIGHT HERE IS, UH, LET'S SEE, YEAH, THIS IS SOME [00:10:01] RIGHT OF WAY DEDICATION RIGHT HERE. AND THEN THERE'S A TINY LITTLE SLIVER OF RIGHT OF WAY DEDICATION HERE THAT IS NEEDED IN ORDER TO GET A 50 FOOT RIGHT OF WAY. RIGHT NOW. THE RIGHT OF WAY IS 40 FEET WIDE. IN ORDER TO MEET VDOT STANDARDS, THEY'VE GOTTA HAVE 50. HERE'S THE CORNER OF DUNCAN MANTER DRIVE RIGHT HERE. AND IT JUST, UH, IT JUST SHOWS ONE TINY LITTLE CORNER OF ONE LOT IN THE SUBDIVISION. THESE LOTS RIGHT HERE ARE NOT PART OF TONIGHT'S APPLICATION. AGAIN, DUNCAN MANOR DRIVE HERE WITH THAT LITTLE BIT OF, UM, OF RIGHT OF WAY DEDICATION TO, UH, TO REALIGN DUNCAN MANOR DRIVE AND GET THAT 50 FOOT WIDTH. THESE ARE SOME LOTS HERE. AND THEN THESE LOTS, AGAIN WILL BE CONSOLIDATED INTO A PARCEL RESERVE FOR FUTURE DEVELOPMENT, AS WILL THESE, THIS PARCEL RIGHT HERE TOTALS ABOUT 1.7, UH, ACRES. AND THEN THIS ONE RIGHT HERE IS ABOUT ONE AND A HALF, 1.6 ACRES. THESE ARE NOT PART OF THE SUBDIVISION, AND THAT IS THE ENTIRETY OF THE PLAT. NOW, MOVING ON INTO THE ARCHITECTURALS AGAIN, LAST MONTH THE PLANNING COMMISSION HAD ASKED FOR POSSIBLE, UM, YOU KNOW, FOR POSSIBLE HOUSING TYPES. AND, UH, MR. CARBAUGH DID PROVIDE SOME, AGAIN, I JUST WANT TO, UH, REITERATE THAT THESE ARE NON-BINDING, BUT THESE ARE, THESE ARE POSSIBLE HOUSING TYPES DEPENDENT ON WHO THE BUILDER ULTIMATELY IS. WE'RE GONNA SEE, UH, SEVERAL ROOF TYPES, BUT THEY'RE GENERALLY, UM, MOST OF THESE ARE GENERALLY ONE TO ONE AND A HALF FLOORS. MOST OF THEM HAVE, UM, MOST OF THEM HAVE FRONT FACING GARAGES. THIS ONE HAS, UM, HAPPENS TO HAVE SOME, UH, UH, HIP ROOF FEATURE HERE. THIS ONE RIGHT HERE, GOT A LITTLE DORMER HERE. AND, UH, UH, UH, IT'S AN A FRAME, BUT THIS GABLE FACES THE FRONT. AGAIN, UH, YOU'VE GOT A FRONT FACING, UM, UH, FRONT FACING GARAGE. THIS, UH, THIS, UH, STONE WORK IN THIS WATER TABLE OF OF STONE RIGHT HERE. THAT IS ONE, AGAIN, POSSIBILITY THAT'S NON-BINDING. WITH THAT BEING SAID, UM, THE, THE REST OF THE STAFF REPORT TALKS ABOUT ZONING ORDINANCE CONSIDERATIONS. UM, AS I HAD MENTIONED BEFORE, RESIDENTIAL USES INCLUDING SINGLE FAMILY DWELLINGS, NOT AN, NOT AS AN ACCESSORY TO AN APPROVED USE. THESE ARE IN FACT, UM, AND I'M READING OFF OF PAGE TWO OF EIGHT OF THAT DUNCAN MANNER, UH, STAFF REPORT. UH, THEY ARE ACTUALLY ALLOWED BY SPECIAL USE PERMIT IN THE BUSINESS DISTRICT, WHICH IS WHY WE ARE CONSIDERING THIS APPLICATION. WITH REGARDS TO COMPREHENSIVE PLAN CONSIDERATIONS, THE, UH, THE PROPOSAL IS CONSIDERED INFILL. IT, UH, IT IS COMPATIBLE WITH OUR GROWTH MANAGEMENT STRATEGY. IT'S COMPATIBLE WITH THE VILLAGE DEVELOPMENT AREA, UM, STATEMENT OF INTENT. AND IT'S ALSO, AGAIN, UM, UH, IT, IT DOES MATCH WITH OUR, UH, UM, WITH OUR HIGH DENSITY INTENT IN THE VILLAGE DEVELOPMENT AREA. EVEN THOUGH THESE ARE SINGLE FAMILY DWELLINGS, AND EVEN THOUGH THEY ARE REDUCING THE NUMBER OF LOTS, UH, OF STAFF IS COMFORTABLE WITH CONSIDERING THIS A COMPATIBLE USE WITHIN THAT HIGH DENSITY AND VILLAGE DEVELOPMENT AREA. AGAIN, THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS IMPACTED BY THIS SUBDIVISION. THERE'S NO FLOODPLAIN, NO RPA AND NO WETLANDS. THE APPLICATION WAS ADVERTISED AND ADJACENT OWNERS NOTIFIED PER STATE CODE. WE DID RECEIVE TWO COMMENTS. ONE WAS VERBAL, AND THAT WAS A CLARIFICATION ON THE BOUNDARIES. AND WE DID, UH, WE, UH, WE LEFT THAT PERSON A MESSAGE AND INVITED THEM TO CALL BACK. WE NEVER HEARD BACK FROM 'EM, BUT, UH, JUST TODAY WE DID RECEIVE A WRITTEN COMMENT, UH, THAT WAS RECEIVED, I BELIEVE, AROUND TWO 30, WHICH IS WHY IT WAS NOT IN YOUR PACKET, BUT THAT HAS BEEN DISTRIBUTED TO YOU. I SEE [00:15:01] THERE WAS A GENERAL OBJECTION TO GROWTH AND, UM, AND, UH, UH, JUST ADVISING THE PLANNING COMMISSION TO, UH, PROCEED CAUTIOUSLY WITH THESE KINDS OF DECISIONS. WITH THAT BEING SAID, WE WILL INCLUDE THAT WRITTEN STATEMENT IN WITH THE, UH, WITH THE RECORD AND WITH THE MINUTES FOR, UH, FOR, UH, FUTURE POSSIBILITY IN TERMS OF FINDINGS, UH, IN THIS UNIQUE CASE WHERE A SPECIAL USE PERMIT IN A SUBDIVISION ARE BOTH NEEDED, THE TWO ACTIONS ARE INDEED RELATED, BUT STILL SEPARATE. THE SUBDIVISION'S GOTTA COME FIRST AND THAT WILL NEED TO INFORM THE SPECIAL USE PERMIT APPLICATION WHEN THEY DECIDE TO SUBMIT. ONE. THE SECOND FINDING THE PROPOSALS, UH, THE PRO THE PROPOSAL IS IN SUBSTANTIAL ACCORD WITH THE MULTIPLE REFERENCES IN THE COMPREHENSIVE PLAN FOR HIGHER DENSITY DEVELOPMENT. THAT DOES INCLUDE THE GROWTH, THE COUNTY'S GROWTH MANAGEMENT STRATEGY BY TAKING ADVANTAGE OF AN INFILL OPPORTUNITY. AND THAT'S BETWEEN THE TWO TOWNS. AND, UM, THERE ARE NEARBY AND EXISTING UTILITY AND TRANSPORTATION INFRASTRUCTURE. THIRDLY, THE PROPOSAL ADDRESSES MULTIPLE STATEMENTS MADE IN THE MARCH, 2022 HOUSING STUDY BY THE MACK NORTH HAMPTON PLANNING DISTRICT COMMISSION REGARDING THE LACK OF HOUSING INVENTORY IN MACK AND OVERALL ON THE EASTERN SHORE. FOURTHLY, THERE ARE SEVERAL INSTANCES WHERE A HOUSE TAKES UP MULTIPLE PARCELS AND ENLARGING THE PARCELS ARE IN KEEPING WITH THIS. SO IF YOU LOOK AT THE, AT THE LAYOUT OF THE EXISTING HOUSES, YOU SEE HOUSES THAT ACTUALLY STRADDLE PROPERTY LINES. SO, UH, ALL HE'S DOING IS, UH, ESSENTIALLY MAKING THAT CONDITION BETTER. THE PROPOSAL TO RE SUBDIVIDE ADJUSTING LINES TO CREATE SLIGHTLY WIDER 60 LOTS, UH, 60 FOOT LOTS IMPROVES. THE BUILDABILITY OF THE LOTS, REDUCES THE NUMBER OF ULTIMATE LOTS, AND IS STILL IN KEEPING WITH THE NEIGHBORHOOD'S CHARACTER. SIXTH. AND FINALLY, DESPITE ITS PRIMARILY BUSINESS ZONING, THIS AREA IS RESIDENTIAL IN NATURE AND FUNCTION, NOT COMMERCIAL. THEREFORE, IT IS APPROPRIATE TO CONTINUE BUILDING HOUSES THERE. WITH THAT BEING SAID, STAFF RECOMMENDS APPROVAL OF THIS, UH, OF THIS CASE. UH, PLAT TRIPLE 0 1 3 5 20 25 FOR A PRELIMINARY PLAT OF 29 FOR A 29 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION WITH PRIVATE ROADS THAT IS SERVED BY PUBLIC UTILITIES. AND THAT CONCLUDES MY PRESENTATION AT THIS TIME. I CAN FEEL ANY QUESTIONS OR IF YOU WANT TO OPEN UP THE, THE, THE FLOOR TO COMMENT, THEN WE'RE FINE WITH THAT AS WELL. MR. CARBAUGH IS AVAILABLE, AND I'VE GOT YOUR RECOMMENDED MOTION ON THE SCREEN HERE. I CAN TAKE YOUR QUESTIONS. DID MR. AUGH WANNA DO A PRESENTATION OR ANYTHING? YOU GOT 10 MINUTES, IT'S UP TO YOU. YOU WANT DO THAT? I CAN. QUICK LITTLE. OKAY. SWEAR. GOOD EVENING. CHRIS CARVAL, UM, LANDING GROUP AND ASSOCIATES HERE REPRESENTING THE, UH, OSKY GROUP. UM, MR. PAN DID GIVE A PRETTY GOOD OVERVIEW, SO, BUT I WOULD JUST LIKE TO ADD, YOU KNOW, WE ARE SIMPLY TAKING 50 FOOT WIDE LOTS AND MAKING THEM 60 FOOT WIDE SO THAT BASICALLY WE, WE WILL BE ABLE TO PUT A 40 FOOT WIDE PRODUCT, SINGLE FAMILY ON THOSE LOTS. SO WE ARE, AGAIN, REDUCING THE NUMBER OF LOTS. UM, WE ARE, YES, MAKING A SLIGHT RECONFIGURATION OF THE ROAD RIGHT NOW. THERE IS NO PLANNED CUL-DE-SAC AT THE END OF THAT ROAD ON THE ORIGINAL PLAT. SO FOR EMERGENCY ACCESS, THAT'S A BETTER SITUATION TO INCORPORATE A, A ROUNDABOUT AT THE END OF THE ROAD. UM, SO WE, UM, ARE DEFINITELY LOOKING AT THIS AS AN IMPROVEMENT TO THE EXISTING SUBDIVISION, JUST PREPARING THAT SO THAT, YOU KNOW, WE CAN ALSO OFFER A SINGLE FAMILY PRODUCT, YOU KNOW, TO THE, UH, THE IN, IN C**K AREA. SO WITH THAT, I WOULD AS WELL TAKE ANY QUESTIONS YOU MIGHT HAVE. YEAH, I HAVE A COUPLE OF QUESTIONS. SURE, SIR. UH, SO WHAT ARE WE TALKING ABOUT? THE DISTANCE BETWEEN HOUSES EACH, EACH SIDE YARD SETBACKS 10 FEET, SO THERE'D BE 20 FEET BETWEEN HOUSES. SO THAT'S ROUGHLY THE LENGTH OF THIS ROOM IS BETWEEN THE HOUSES, RIGHT? YEAH, THAT'S THE, UH, ZONING SETBACK FOR A SIDE YARD, UM, YOU KNOW, IN YOUR ZONING ORDINANCE. YEAH. OKAY. WHAT, UH, DO YOU HAVE ANY IDEA THE PRICE POINT OF THIS? I WISH I COULD KEEP UP. AS, YOU KNOW, THE, THE, THE PERMITTING PROCESS TAKES SOME TIME, SO, YOU KNOW, BY THE TIME WE GET PERMITS WE MIGHT BE TWO, THREE YEARS OUT TO GET EVERYTHING DONE. SO IT'S HARD TO SAY AT THAT TIME WHAT THE PRICES WOULD BE, BUT AGAIN, WHAT WE'RE TRYING TO DO HERE, THESE ARE SMALLER HOMES, AS YOU SAW? YES, 40 FOOT WIDE. THAT'S WHY I WAS ASKING, YOU KNOW, WE'RE TRYING TO GET THAT MORE, MORE WORKFORCE HOUSING TYPE, SINGLE FAMILY PRODUCT BROUGHT TO THE COMMUNITY. I, I YOU, THE BUILDER OR, OR [00:20:01] NO, WE WOULD, YOU KNOW, BASICALLY, YOU KNOW, OUR CLIENT WOULD BE DOING BASICALLY THE SITE WORK AND THEN, YOU KNOW, OFFERING THOSE LOTS TO BUILDERS, YOU KNOW, TO GO VERTICAL WITH THE HOMES. SO ARE THERE CONTROLS ON, UH, STANDARDS OR RIGHT NOW, YOU KNOW, IN DUNCAN MANOR THERE ARE NO RESTRICTIONS OR COVENANTS IN DUNCAN MANOR. UM, YOU KNOW, BUT GOING FORWARD, YOU KNOW, WITH A NEW SECTION, YOU KNOW, THAT'S A POSSIBILITY THAT THE ODACHOWSKI GROUP MAY CONSIDER THERE. OBVIOUSLY, YOU KNOW, WANT TO PROVIDE A QUALITY DEVELOPMENT, BUT THERE'S NOTHING IN PLACE RIGHT NOW FOR DUNCAN MANOR. WOULD, WOULD ALL, WHAT WAS THAT? GO AHEAD. WOULD ALL THE LIGHTS BE SPECKED? ALL OF THEM? I MEAN, WOULD ANY OF 'EM BE OPEN FOR WELL, I MEAN, I DON'T THINK, I MEAN, THE INTENT RIGHT NOW IS THAT THEY'D BE OFFERED TO A BUILDER MM-HMM . UM, TO HAVE A HOUSE LOT PACKAGE, YOU KNOW, SO LIKELY AS YOU SAW THERE, WE MIGHT HAVE SIX, EIGHT DIFFERENT MODELS SOMEBODY COULD COME IN AND CHOOSE FROM. THEY COULD DO DIFFERENT LOOKS, DIFFERENT COLORS, DIFFERENT FINISHES ON THOSE HOMES. BUT THAT WOULD BE THE PLAN AT THIS TIME. WHAT'S THE SQUARE FOOTAGE ROUGHLY OF SOME OF THESE HOUSES? SOME OF THOSE HOMES ARE PROBABLY IN THE RANGE OF ANYWHERE FROM 15, 1800 SQUARE FEET UP TO MAYBE 2200 SQUARE FEET. OKAY. WILL THAT BE CENTRAL WATER AND SEWER? YEAH, CENTRAL WATER AND SEWER. DOES IT HAVE TO BE YES. FOR THAT SIZE LOT, YOU'RE GONNA HAVE TO HAVE CENTRAL WATER AND SEWER. YES. AND FORTUNATELY, UM, YOU KNOW, I UNDERSTAND WHEN WE OBVIOUSLY GOT THE, UH, APPROVAL FOR, UM, THE SEWER DISTRICT EXPANSION FOR COASTAL SQUARE, WE WERE ALSO ABLE TO GET TO THE DUNCAN MANOR AREA, EXPANDED INTO THAT SEWER DISTRICT AS WELL. ANY OTHER QUESTIONS FOR THE APPLICANT? NO. I DO HAVE A QUESTION FOR MR. BIN. CAN YOU CLARIFY THE PROCESS HERE? ARE WE APPROVING A PLAT OR ARE WE MAKING RECOMMENDATIONS TO THE BZA? YOU ARE MAKING A RECOMMENDATION TO ME THAT IS A CORK IN OUR, IN OUR, UH, UH, SUBDIVISION ORDINANCE WHERE THE PLANNING COMMISSION IS ACTUALLY MAKING A RECOMMENDATION TO THE SUBDIVISION AGENT, WHO IS ME. UM, LET'S SEE, SHANTE, CAN WE CALL UP THE BOARD DOCS AND, UM, GO TO THAT CODE PROVISION? I, I KIND OF DIDN'T KNOW IF WE WERE GETTING AHEAD OF OURSELF PROVEN A PLAT BEFORE THEY GET A SPECIAL USE PERMIT. SUBDIVISIONS AND SPECIAL USE PERMITS ARE TWO DIFFERENT PROCESSES AND THE, AS I HAD MENTIONED BEFORE, SUBDIVISION HAS GOT TO INFORM THE SPECIAL USE PERMIT WITHOUT KNOWING HOW MANY LOTS. THE BZ A IS NOT WITHOUT KNOWING HOW MANY LOTS IN THE PRELIMINARY PLAT, THE BZ A IS NOT GONNA KNOW HOW MANY LOTS TO, TO APPROVE FOR SPECIAL USE PERMIT. SO THE SEQUENCE IS IN FACT PRELIMINARY PLAT AND SPECIAL USE PERMIT. SO ACTUALLY WE DON'T HAVE A, UH, WE DON'T HAVE A LINK HERE, BUT REST ASSURED THAT IS WHAT THE PROCESS IS. IF, IF WE, IF YOU WANT TO READ THAT, THEN WE CAN CERTAINLY CALL THAT ON. NO, UH, I TAKE YOUR WORD FOR, OKAY, , DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? HOW, WHEN, WHEN WERE THEY ORIGINALLY PLATTED THOSE OLD LOTS? JUST CURIOUS. A LONG TIME AGO, , A LONG TIME AGO BEFORE, MOST LIKELY BEFORE THE CURRENT SUBDIVISION ORDINANCE WAS IMPLEMENTED IN THE CURRENT ZONING ORDINANCE, I SHOULD KNOW THAT, BUT I CAN GET THAT INFORMATION FOR YOU. SO IT'S NOT AN UNKNOWN ENTITY THAT THESE HAVE BEEN PLANTED FOR A LONG TIME. CORRECT. THESE HAVE BEEN PLANTED, PLANTED FOR A VERY LONG TIME. THEY'VE BEEN RECORDED FOR A LONG TIME. SO ANYBODY WHO MOVED THERE OR WAS AROUND THERE OR WHO UNDERSTOOD IT WAS THERE, SHOULD HAVE KNOWN OR COULD HAVE POSSIBLY KNOWN THAT AT SOME POINT IN TIME THAT WOULD BE DEVELOPED. ABSOLUTELY. THOSE LOTS. AGAIN, IF MR. CARBO HADN'T COME IN, SOMEONE COULD COME IN AND BUY FOUR OF THESE LOTS AND PUT A HOUSE ON THERE. OKAY. THEY COULD DO THAT RIGHT NOW, OR THEY COULD HAVE DONE THAT BEFORE, UH, BEFOREHAND. OKAY. YEAH. SO IT'S NOT, UH, ZONE VILLAGE DEVELOPMENT RIGHT NOW, THAT IS THE FUTURE LAND USE PLAN. BUT IN AG, THE, THE LOTS IN AG, ARE THEY, ARE THEY PLOTTED NOW? WHAT SIZE THEY ARE? UM, UH, THEY ARE ROUGH. LET'S SEE, THE OLD LOT OLD, UH, SO, SO ONE LOT RIGHT HERE IS ABOUT 50 BY ONE 50, AND THAT'S THE ORIGINAL, UH, SUBDIVISION. THAT IS THE ORIGINAL SUBDIVISION THAT WAS NOT CREATED BY THE OSKY GROUP OR THE ATLANTIC GROUP. UM, UH, THESE LOTS ARE CONSIDERED NONCONFORMING, RIGHT? BECAUSE [00:25:01] THEY ARE SMALLER THAN THE, THAN THE FIVE ACRE MINIMUM IN AG. WHEN YOU CONSOLIDATE THESE TO ABOUT 1.7 ACRES AND 1.6 ACRES HERE, THEY WILL STILL FALL BELOW THE FIVE ACRE MINIMUM. BUT IT IS STAFF'S, UM, IT IS STAFF'S PRACTICE THAT IF THEY ARE MAKING A NON-CONFORMING SITUATION, LESS NON-CONFORMING, OR TO SAY THAT WITHOUT THE DOUBLE NEGATIVE, THEY'RE MAKING THE LOTS MORE CONFORMING THAN WE STILL, YOU KNOW, WE, WE STILL CONSIDER THOSE AND WE STILL APPROVE THOSE, BUT THEY WERE ALREADY PLATTED. SO I MEAN, IT DOESN'T MATTER. ESSENTIALLY. IT DOESN'T MATTER. AGAIN, EACH ONE OF THESE IS A NON-CONFORMING SITUATION. SO WHEN WE CONSOLIDATE THESE AND WE CONSOLIDATE THESE TWO SEPARATE PARCELS RESERVE FOR FUTURE DEVELOPMENT, THEY'LL BE BIGGER. YOU WOULD JUST VACATE THE LINES? YES, SIR. MM-HMM . OH, I FEEL, AND THOSE ARE NOT PROPOSED FOR ANY DEVELOPMENT AT THIS TIME? NOT AT THIS TIME, BUT THERE WOULD BE A ROAD SERVICING THEM NEXT IF, IF THIS WENT THROUGH RIGHT NOW THERE'S NO ROAD SERVICING THOSE LOTS, IS THAT WHAT YOU'RE TELLING ME? YES, SIR. SO IF WE GO TO THE AERIAL, YOU CAN SEE WHERE THE ROAD ENDS RIGHT ABOUT HERE. AND IS THERE, IF THERE'S, SO THEY DON'T, IN OTHER WORDS, THERE WAS ALREADY THE RIGHT OF A ROAD GOING THROUGH THERE AT THE CURRENT SIZE, THEY'RE JUST BRINGING IT UP TO SPEED TO CURRENT VDOT STANDARDS? OR DO THEY HAVE TO BRING IT UP TO SPEED TO VDOT STANDARDS TO THE 50 FOOT WIDE? I THINK FOR MODERN PURPOSES, THEY WOULD HAVE TO DO THAT ANYWAYS. UM, IF, IF THEY WERE GONNA COME IN AND IF, IF THIS WAS ALL ONE UNDEVELOPED UN SUBDIVIDED PARCEL, THEY WOULD BE REQUIRED TO HAVE A 50 FOOT RIGHT OF WAY. SO BACK WHEN THIS WAS RECORDED, IF THE, IF THE REQUIREMENT WAS A 40 FOOT RIGHT OF WAY, OR IF THERE WAS NO REQUIREMENT AT ALL AND THEY ESTABLISHED A 40 FOOT RIGHT OF WAY, UH, YOU KNOW, WE COULDN'T MAKE SOMEBODY GO BACK AND EXPAND THAT. IF SOMEONE WERE TO COME IN AND SAY, I WANT TO BUY THESE FOUR LOTS RIGHT HERE, AND I WANNA PUT A HOUSE ON THERE, THE MOST THAT WE COULD MAKE 'EM DO, OF COURSE, IS TO IMPROVE THAT PORTION OF THE ROAD THAT'S IN FRONT OF THEIR LOTS TO ESSENTIALLY GRAVEL, UH, TO ESSENTIALLY GRAVEL, RIGHT? THAT'S CORRECT. AND WHICH IS, IS THAT WHAT THE ROAD IS NOW GRAVEL? IT IS, IT IS CURRENTLY GRAVEL, YES, SIR. AND IT'S SERVICING OTHER HOUSES BACK THERE? YES, SIR. UH, ONE, TWO. SO IT'S BEING USED NOW, 2, 3, 4, 5 HOUSES ARE BACK THERE. OKAY. AND THIS MIGHT ACTUALLY BE A SHED, BUT I'D SAY AT A MINIMUM, FOUR HOUSES, MAYBE FIVE, OKAY? MM-HMM . AND IF I MAY REAL QUICK, I MEAN, IT IS OUR PLAN TO COME IN THERE TO MAKE A MAJOR IMPROVEMENT TO THAT ROAD, WORKING WITH VDOT TO MAKE A BETTER ENTRANCE. THE PLAN IS TO ADD SIDEWALKS AND STREET LIGHTING. SO WE THINK IT WOULD BE A MAJOR, YOU KNOW, UPGRADE TO THAT STREET. WE WANT TO PROVIDE THAT CONNECTIVITY TO, YOU KNOW, THE COMMERCIAL AREAS AND, AND, AND DOWNTOWN. SO THAT ROAD WOULD BE PAVED FROM TENTS YES. FROM FRONT TO BACK. YES. AND, AND AN ADDITIONAL AT THE END END WOULD BE A CIRCULAR. YES, SIR. SO IF WE GO BACK TO THE PLAT HERE, UM, YOU CAN SEE UP HERE, UH, THE ROAD ENDS SOMEWHERE RIGHT ABOUT HERE. THEY'RE WIDENING FROM 40 FEET WIDE TO 50 FEET WIDE OF RIGHT OF WAY. THAT'S NOT GONNA BE THE WIDTH OF THE STREET ITSELF. I UNDERSTAND. BUT, UM, THIS RIGHT HERE IS A CUL-DE-SAC THAT, UM, IS THAT SOMETHING REQUIRED BY VDOT OR SOMETHING? IT'S THE RIGHT THING TO DO. IT'S, YEAH. OKAY. WE WANNA DO, IT'S NOT REQUIRED, BUT YOU'RE PUTTING IT IN. WELL, ACTUALLY, A TURNAROUND OF SOME KIND WOULD BE REQUIRED IF THAT'S A HAMMERHEAD OR IF THAT'S A CUL-DE-SAC OR, OR SOMETHING. OKAY. BUT, BUT THERE IS A, A REQUIREMENT FOR A TURNAROUND OF SOME SORT. PLUS IT IS THE RIGHT THING TO DO, OKAY? MM-HMM. FOR, IS THIS A, THIS IS A 50 FOOT RADIUS. UM, THAT'S A 50 FOOT RADIUS. SO YEAH, IT'S A HUNDRED FOOT HANG. YOU HAVE, RIGHT? SO ALL WE'RE DOING IS GIVING YOU PERMISSION TO MOVE FORWARD WITH THIS. THAT'S ALL. WE'RE, THAT'S THE ONLY THING WE NEED TO DECIDE TODAY. YES, SIR. IF YOU, IF YOU RECOMMEND APPROVAL OR IF YOU'VE GOT CHANGES OR IF YOU DEFER WHATEVER, UM, WELL, LET'S STICK WITH YOUR RECOMMENDATION OF APPROVAL. I CAN'T MOVE ON THIS AS THE SUBDIVISION AGENT UNTIL I GET YOUR RECOMMENDATION. SO IS IT GOOD PLANNING TO, UH, ALLOW NON-CONFORMING LOTS INSTEAD OF REZONING THAT BACK PIECE TO SOMETHING THAT CAN, UH, ACCOMMODATE, YOU KNOW, THOSE SIZE LOTS INSTEAD OF US SAYING, OH YEAH, LET'S, UH, APPROVE NON-CONFORMING WHEN THEY'RE ASKING FOR SOMETHING NEW. , TAKE A SECOND. UM, AND RIGHT, THE, AGAIN, THE, THE STAFF'S POSITION IS WE'RE, WE'RE, WE'RE, WE [00:30:01] ARE TRYING TO, ESPECIALLY IN A SITUATION WHERE MAYBE THERE ARE TWO OR THREE AND SOMEONE WANTS TO CON CONSOLIDATE THOSE LOTS, WE WOULDN'T NECESSARILY MAKE THEM REZONE THOSE, IF THOSE LOTS ARE ALREADY NON-CONFORMING. THAT'S REALLY THE KEY ASPECT OF STAFF'S DETERMINATION HERE, IS THAT THESE LOTS ARE ALREADY NON-CONFORMING. AND IF HE DIDN'T DO ANYTHING WITH THEM, THEY CONTINUE TO BE NON-CONFORMING. HE'S MAKING A NON-CONFORMING SITUATION. MORE CONFORMING. REALLY? YES. HOW, I MEAN, THE, INSTEAD OF HAVING NINE NONCONFORMING LOTS, YOU'VE GOT ONE LARGE LARGER PIECE OF PROPERTY, MORE THAN LIKELY HE PROBABLY, SO YOU'RE MOVING TOWARDS FIVE ACRES. WE ARE MOVING TOWARDS FIVE ACRES INSTEAD OF, YOU KNOW, UM, INSTEAD, SO I GUESS THE QUESTION IS WHY WOULD WE GO AHEAD AND DECIDE ON THAT NOW? OR WOULD, WOULD THEY HAVE TO COME BACK TO US WITH SOMETHING ELSE? OR IS THAT JUST, WE'RE JUST LETTING YOU MAKE THAT DECISION. HE'LL HAVE TO COME BACK WITH SOMETHING ELSE LATER IF HE WANTS TO SUBDIVIDE THIS AND MAYBE EVEN THE REST OF THIS. NO, I MEAN, IF THOSE TWO ONE ACRE LOTS, IF, IF, IF HE WANTED TO OR ANYBODY WANTED TO BUY THOSE TWO LOTS AND BUILD A HOUSE ON IT ONCE WE'RE DONE HERE, THEY COULD DO THAT. YES, SIR. OKAY. WE'RE NOT TALKING ABOUT THOSE. WE'RE TALKING, WHICH ONE IS THE AG, AG ZONING? UM, THOSE, THOSE ARE IN THERE. SO EVERYTHING, EVERYTHING NORTH OF THIS, LIKE ALL OF THIS IS ZONED AG RIGHT HERE. GO BACK TO OF THIS PROPERTY LINE IS ZONED BUSINESS. CAN YOU GO BACK TO THE BIG PICTURE? TO THE BIG PICTURE OF THE MAP OR THIS ONE? THAT MAP? YEAH. SO IT'S ON THE RIGHT UP TOP. SO POINT AT WHAT YOU'RE TALKING ABOUT THE GRAY, THE THE GRAY, LIKE 10 THAT LOT, AND THEN THE ONE TO THE LEFT, AND THEN THIS ONE RIGHT HERE. SO YOU'RE GONNA VACATE THOSE LOT LINES AND MAKE THOSE ONE AND A HALF ACRE PARCELS OR WHATEVER. THEY'RE ESSENTIALLY, AND SO WHAT IF, NO MATTER WHAT WE APPROVE IN THE FUTURE, A PERSON OR AN ENTITY WOULD HAVE TO COME BACK TO US AND SAY, WE WANT TO BUILD ON THIS ONE AND A HALF ACRE LOT IN AN AGRICULTURAL DISTRICT THAT IS NONCONFORMING. THEY WOULDN'T HAVE TO COME BACK TO THE PLANNING COMMISSION? NO. OKAY. THEY WOULD GO TO YOU, THEY WOULD COME, THEY WOULD COME TO THE STAFF. OKAY. YES, SIR. AND THEN THEY GO GET A SPECIAL USE PERMIT INDIVIDUALLY. WELL, FOR AG, THEY WON'T NEED A SPECIAL USE PERMIT. EVERYTHING SOUTH OF DUNCAN MANOR DRIVE, THEY WILL NEED TO, THEY WILL NEED TO GET A SPECIAL USE PERMIT FOR THIS. NOW, WHAT WE RECOMMENDED TO THE APPLICANT IS THAT THEY, IS, THAT THEY OBTAIN A, UH, IS THAT THEY OBTAIN A BLANKET SPECIAL USE PERMIT FOR THESE 29 LOTS HERE. AG STATES YOU NEED 150 FEET OF FRONTAGE AND YOU WILL NOT GET THAT IN THOSE LOTS IN THE ZONING. THESE ARE 60 FOOT LOTS IN AG. IN AG SAYS YOU NEED 150 FOOT OF FRONTAGE TO MAKE A CONFORMING LOT. MM-HMM . YOU'RE NOT GETTING THAT. THERE'S LOTS. OH, THESE ARE DEFINITELY A HUNDRED FEET WIDE, 150 FEET WIDE RIGHT HERE. THEY FRONT ON THEY FRONT ON DUNCAN MANOR DRIVE. IF, IF ONE OF, IF ONE OF THESE LOTS IS 50 AND WE'RE CONS CONSOLIDATING, UM, EIGHT OR NINE HERE AND NINE HERE, THEY, THEY WILL DEFINITELY HAVE THE ROAD FRONTAGE. OKAY. ALRIGHT. IS THERE ANY ISSUE WITH THOSE NON-OWNED LOTS? THE LITTLE ONES IN THE MIDDLE AND THE ONE AT THE END? THAT ONE, AND THEN THE OTHER ONE'S IN THE MIDDLE IS, ARE THERE ANY FUTURE ISSUES WITH THOSE? I MEAN, I GUESS ONCE THE ROAD GOES IN THERE, WHOEVER, WHOEVER OWNS THOSE LOTS, COULD THEN COME TO US OR COME TO YOU AND BUILD ON 'EM IF THEY NEEDED TO OR WANTED TO. WELL, THE OWNER OF THESE THREE LOTS RIGHT HERE, UM, WOULD HAVE TO COME BEFORE THE BOARD OF ZONING APPEALS FOR A SPECIAL USE PERMIT TO PUT A HOUSE HERE. SO THEY'D HAVE TO DO THE SAME THING. THEY WOULD ESSENTIALLY HAVE TO DO THE SAME THING THAT THE APPLICANT WOULD HAVE TO DO IN TERMS OF GETTING THE ACTUAL HOUSES ON SITE. AND THAT LITTLE SLI OVER THERE, THIS ONE HERE, IT'S NOT BIG ENOUGH TO DO ANYTHING WITH. OKAY. IT REALLY SHOULD SELL TO THEHOW SKI GROUP. I DON'T CARE WHO PAYS THE TAXES ON THEM. , I GOT ONE MORE QUESTION FOR YOU. YES, MA'AM. SO, UH, THE APPLICANT'S GONNA GET A BLANKET USE SPECIAL USE PERMIT. SO WE'RE GONNA, I'M SORRY, WE'RE, UH, GOING TO APPROVE, SAY WE APPROVE THIS PLAT AND, AND YOU GO TO SPECIAL USE. AND THEN WHEN IT, BECAUSE BUSINESS DOESN'T HAVE LOT SIZES, HE DECIDES TO PUT 20 FEET WIDE LOTS, IS THAT, AND COMES BACK WITH A FINAL PLOT. HOW DOES PRE PRELIMINARY PLAT INFORMS THE FINAL PLAT AND THE SUBDIVISION CONSTRUCTION PLANS, BUT NOT LOT SIZE? ABSOLUTELY. IT INFORMS LOT SIZE. IF IT CHANGED IT WITH THE LAST, UM, CONDITIONAL USE PERMIT, THE LOT SIZE HAS CHANGED WITH THE COASTAL LOT OF STUFF CHANGED ON THE COASTAL, UH, WHATEVER IT'S NAME COASTAL. COASTAL SQUARE IN RESIDENCES. YES. [00:35:01] I DO NOT RECALL THAT SITUATION. I DO NOT, I DON'T THINK THAT THEY, THAT THEY ACTUALLY, THEY DIDN'T REDUCE LOT SIZES BIGGER. I MEAN, IF ANYTHING, THEY MADE THEM BIGGER, BUT, UH, YOU KNOW, SO IS THAT THE RULE, ONCE WE DO THIS, THEY GOTTA BE 60 BY 150 OR WHATEVER YOU'RE GONNA MAKE 'EM TO YES, SIR. AND THEY CAN MAKE 'EM BIGGER, BUT THEY CAN'T MAKE 'EM SMALLER. THEY CAN'T INCREASE THE NUMBER OF LOTS. IF, IF, UH, IF A LOT BECOMES BIGGER BY 2, 3, 4, 5 FEET, THAT'S, THAT TO ME IS, THAT'S NOT AN ISSUE. IT WOULDN'T BE AN ISSUE LARGE ENOUGH TO BRING BACK TO THE PLANNING COMMISSION, ESPECIALLY IF THEY END UP LOSING A LOT OR TWO IN ORDER TO DO THAT, WHAT YOU CAN'T DO IS, UH, YOU CAN'T, YOU CAN'T DECREASE THE SIZE OF THE LOT AND YOU CAN'T INCREASE THE NUMBER OF LOTS. OKAY. BUT IF YOU WANTED TO IN THE FUTURE GO FROM 29 TO 25 AND MAKE EACH LOT A LITTLE BIT BIGGER, YOU COULD DO THAT. WE'RE NOT RESTRICTING THE PERSON AND WHOEVER OWNS THIS IN THE FUTURE, WE'RE NOT RESTRICTING WHOEVER OWNS THIS FROM SAYING, WELL, I DON'T WANNA BILL 29, I WANNA BILL 25, OR I WANT TO DO, OR IS THIS, IS THIS SET IN STONE ONCE WE DO THIS? THESE ARE 60 BY 150 FOOT LOTS. I WOULDN'T NECESSARILY OBJECT TO A REDUCTION OF THE NUMBER OF LOTS AND AN INCREASE IN THE LOT WIDTH. AGAIN, I DON'T THINK THAT THAT WOULD RISE TO THE LEVEL OF HAVING TO BRING THIS BACK TO THE PLANNING COMMISSION. BUT IF THEY WANTED TO, I'M SAYING IT WOULD GO TO YOU AND YOU COULD MAKE THAT DECISION. YES, SIR. OKAY. I WOULD BE VERY COMFORTABLE MAKING THAT DECISION. I WANNA MAKE SURE THEY DIDN'T WANNA COME BACK HERE. RIGHT. OKAY. THE, AND THEY WOULDN'T HAVE TO GO BACK TO THE BZA OR THEY WOULD, AS LONG AS THEY WERE NOT INCREASING THE NUMBER OF, UH, THE NUMBER OF UNITS THAT THEY WANTED TO BUILD, THEN THEY DID. THEY JUST CAN'T EXCEED WHAT THEY'VE BEEN APPROVED FOR. THAT'S OKAY. I THINK THAT'S PROBABLY THE EASIEST WAY TO SAY IT. OKAY. MAKES SENSE. WE FINALLY GOT THERE. I HOPE THAT MAKES SENSE. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT, WELL, I'M GONNA OPEN UP, UH, THE PUBLIC COMMENT IF ANYBODY WOULD LIKE TO COME UP AND, UH, SPEAK. I DID NOT SIGN UP TO SPEAK. I HAVE A QUESTION. MICRO. OH, IT WORKS. YES. I, I'M ON A LOT. STATE, YOUR STATE, YOUR STATE, YOUR NAME AND WHERE YOU LIVE AND YOU HAVE FOUR MINUTES. OKAY. MY, OKAY. MY NAME IS SHARON BON. WELL, I, I AM ON LOT 27 IN DUNCAN MANOR ON THE FRONT THERE FACING MARKET STREET 27TH RIGHT AROUND HERE. RIGHT. THIS IS LOT 27 RIGHT HERE. RIGHT. IT'S, IT'S PASSED THE COUPLE DOWN FROM THE, THE OPEN LOTS. OKAY. RIGHT. OKAY. YOU MAY HAVE COVERED THIS. UM, AND DID I GIVE, GIVE YOU ALL I NEEDED? YES, MA'AM. OKAY. OKAY. YOU MAY HAVE COVERED THIS. UM, ARE THESE GONNA BE, UM, PERSONAL WELLS THAT, THAT PEOPLE WILL PUT IN OR IS SOME GONNA GONNA PROVIDE THE WATER FOR THE, THESE, UH, HOUSES? THESE WILL BE SERVED BY THE TOWN OF C**K AND THEIR WATER SUPPLY. OKAY. I DO NOT HAVE HAVE TOWN WATER. IS THAT GONNA AFFECT THAT? NO. I MEAN, I WILL STILL KEEP, BE ABLE TO KEEP MY OWN. WELL, YOU WILL NOT BE, UH, YOU WILL NOT BE REQUIRED TO CONNECT TO THE SYSTEM, RIGHT? THAT'S WHAT I'M ASKING. YES, MA'AM. OKAY. UM, IS THAT GONNA AFFECT THE, THE, UH, WATER, HOW WE, HOW I GET MY WATER WHEN ALL OF THESE OTHER PLACES START DRAWING WATER? UH, NO MA'AM. UM, THE, I MEAN, I'M NOT, I'M NOT, YOU KNOW, KNOWLEDGEABLE ABOUT THAT STUFF, BUT I'M JUST CONCERNED. SO THE WATER PLANT IS, YOU'RE, YOU'RE NOT CONNECTED TO THE WATER PLANT. AND THE WATER PLANT IS, UH, IS I HAVE A PERSONAL, WILL I HAVE MY OWN? WELL, I'D SAY PROBABLY A COUPLE MILES AWAY. SO THAT SHOULD NOT IMPACT YOUR, YOUR WATER SUPPLY SHOULD NOT IMPACT YOUR WELL, UH, A COUPLE MILES FROM THE, FROM LOT 27 FROM YOUR HOME. YOU KNOW WHERE THE WATER TOWER IS IN TOWN? THAT'S WHAT I'M ASKING. IS THIS COMING FROM THE WATER TOWER? IS THAT WHERE IT'S COMING FROM? THE WATER TOWER. OH, OKAY. SO, OKAY. IT'S, IT'S NOT GONNA BE FROM THE GROUND. OH, OKAY. I GOTCHA. OKAY. THAT ANSWER. ALL RIGHT. THANK YOU. YOU HAVE ANYTHING? ANYBODY ELSE WOULD LIKE TO, UH, SPEAK, SIGNED UP? NO. ALL RIGHT. I CLOSE THE PUBLIC COMMENT PERIOD. YEAH. YOU'RE NOT THE PUBLIC , YOU'RE THE APPLICANT. , YOU STILL HAD EIGHT MINUTES LEFT. WOULD YOU LIKE TO, UM, [00:40:02] FINISH YOUR EIGHT MINUTES? I WOULD JUST LIKE TO ADD ONE THING. I DO BELIEVE THERE'S A PROVISION, UM, IN THE AGRICULTURAL DISTRICT. UM, IT SAYS TO GO DOWN TO A 30,000 SQUARE FOOT LOT YES. AND CLUSTER. YEAH. SO I MEAN, WE COULD CONSIDER THAT, YOU KNOW, THOSE, JUST THOSE TWO LOTS. POSSIBLY A CLUSTER IF THAT WOULD NEEDED. ALL RIGHT. THANK YOU. ALL RIGHT. THIS, UH, ANY OTHER DISCUSSION? ANY OTHER QUESTIONS, COMMENTS? I'M READY FOR A MOTION. YOU READY FOR A MOTION? UM, YEAH. I'LL MAKE A MOTION. I'LL MAKE THE MOTION THAT THE PLANNING COMMISSION RECOMMENDS APPROVAL OF THE CASE. PLAT DASH 0 0 0 1 3 5 DASH 2025 DUNCAN MANOR, A 29 LOT SINGLE FAMILY DWELLING SUBDIVISION SERVED BY PRIVATE STREETS AND PUBLIC UTILITIES TO THE SUBDIVISION AGENTS. ALL RIGHT. I HAVE A MOTION. SECOND. I HAVE A SECOND BY MR. TYLER. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED. OKAY. CLOSE THE PUBLIC. UM, HEARING MADAM CHAIR, YOU WANT TO INFORM THE PUBLIC THAT THEY DON'T HAVE TO STAY FOR THE REST OF THIS MORNING STUFF, IF THEY DON'T. ALL RIGHT. WE CAN MOVE BACK TO NEW BUSINESS. WE HAVE, UH, RECEIVED BRIEFING ON CONSIDERING REQUEST OF PUBLIC HEARING FOR EAGLE SOUND. 2, 2 3 REVIEW FOR ACCEPTANCE OF SANDPAPER LANE AND OYSTER LANE. THANK YOU, MADAM CHAIR, MEMBERS OF THE COMMISSION, AGAIN, LEE PAM, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT. AND WHAT I'D LIKE TO DO, MAYBE TRY TO BE A LITTLE BIT MORE EFFICIENT WITH THE TIME, UH, WE'RE TALKING ABOUT NEW BUSINESS AND WE'VE GOT MULTIPLE ITEMS UNDER NEW BUSINESS. WHAT I'VE DONE IS I'VE ENCAPSULATED EVERYTHING, ALL, ALL OF OUR ASKS. THE STAFF IS ASKING FOR THREE PUBLIC HEARINGS IN A WORK SESSION IN THIS TABLE. SO, UM, TODAY IS WEDNESDAY, SEPTEMBER 10TH. WE'RE GOING TO BE ASKING FOR SEVERAL THINGS, AND OBVIOUSLY WE'LL TRY TO ANSWER THE QUESTIONS AS BEST WE CAN WITH THE LIMITED AMOUNT OF INFORMATION WE HAVE TODAY. BUT TODAY WE'RE GONNA BE ASKING FOR, UM, YOUR PERMISSION TO ARRANGE FOR A WORK SESSION, A PLANNING COMMISSION WORK SESSION ON, UM, SEPTEMBER 23RD OF LATER, LATER THIS MONTH. THAT WOULD BE IN ADVANCE OF THE THREE PUBLIC HEARINGS. AND THEN WE'RE ALSO GONNA BE ASKING FOR, UM, IF WE GET THOSE PUBLIC HEARINGS AUTHORIZED, AND WE'LL GO AHEAD AND ADVERTISE. UM, UM, THE THREE ITEMS ARE GONNA BE EAGLE SOUND 2322 COMPREHENSIVE PLAN REVIEW. AND THEN WE'RE ALSO GONNA BE TALKING ABOUT TWO REZONINGS, BOTH FROM PUBLIC, UH, BOTH FROM, UM, UH, VIRGINIA SPACE FOR TWO DIFFERENT SITES IN THE NORTHERN PART OF THE COUNTY. NOW, WITH THE FIRST ONE, THE EAGLE, EAGLES SOUND HOMEOWNERS ASSOCIATION, UH, CONTACTED VDOT ABOUT, UM, ABOUT, UH, UH, BRINGING TWO OF THEIR STREETS INTO THE PUBLIC SYSTEM. BEFORE DOING THAT, THE COUNTY WOULD HAVE TO ACCEPT THEM, AND THEN WE WOULD HAVE TO IN TURN, ASK VDOT TO BRING THOSE INTO THE STATE SYSTEM. UH, WE'VE ALREADY DONE, OR THE PLANNING COMMISSION HAS ACTUALLY DONE THIS ONCE. THIS WAS ON MAY 5TH, 2021, WHERE THEY REVIEWED SAND PIPER AND, UM, OYSTER COVE LANES. AND, UM, THEY, UH, THE PLANNING COMMISSION AT THE TIME HAD FORWARDED A FINDING OF, YOU KNOW, BASICALLY ACCEPTABLE. IT IS SUBSTANTIALLY IN ACCORD WITH THE COMPREHENSIVE PLAN. SO THESE ARE THE TWO STREETS THAT, UM, THAT THE HOA NOW WANTS TO DO THE SAME THING WITH HERE FOUR YEARS LATER, UH, TO HAVE A, TO HAVE THE STATE BRING THOSE INTO THE STATE SYSTEM. VDOT HAS ALREADY, UM, VDOT HAS ALREADY REVIEWED THESE STREETS, AND THEY HAVE FOUND THEM TO BE, UH, TO, TO MEET STATE STANDARDS. SO NO ADDITIONAL CONSTRUCTION OR IMPROVEMENT WOULD HAVE TO BE DONE TO THE STREETS. WITH THAT BEING SAID, UH, THAT'S BASICALLY ALL THE INFORMATION WE HAVE AND, YOU KNOW, YOU'VE GOT YOUR STAFF REPORT, BUT, [00:45:01] UM, AT THIS TIME, THE STAFF WOULD LIKE TO REQUEST AN OCTOBER 8TH PUBLIC HEARING FOR THIS ITEM. AND, UM, UH, COUNTY PLANNER SHAUNTICE RIDLEY WILL BE THE LEAD ON THAT. THIS CONCLUDES MY PRESENTATION, AND I CAN, UH, TRY TO ANSWER ANY QUESTIONS YOU HAVE AT THIS TIME. JUST, JUST ONE QUESTION. WHEN IT, WHEN WE LOOKED AT THIS IN 2021, I THOUGHT IT WAS SOME ISSUE WITH THE NUMBER OF RESIDENCES REQUIRED TO MEET THE STANDARD TO MOVE TO A VDOT. HAS THAT BEEN ADDRESSED HERE? THE INFORMATION WE HAVE DOESN'T MAKE ANY REFERENCE TO A MINIMUM NUMBER OF, UH, OF UNITS TO BE SERVED BY THE ROAD. UH, IT APPEARS THAT, UM, THAT THIS ONE RIGHT HERE IS, HAS NO HOUSES ON IT YET. THEY STILL WANT TO BRING THAT IN. I THINK THAT IT WOULD BE UP TO VDOT TO DETERMINE WHETHER OR NOT THEY WOULD WANT TO APPLY THAT STANDARD. BUT, UH, THE, THE INFORMATION THAT WE HAD RECEIVED FROM THE, FROM THE COUNTY ADMINISTRATION, UH, DID NOT INDICATE ANY REQUIREMENT FOR A MINIMUM NUMBER OF UNITS TO BE SERVED BY A STREET BEFORE BEING BROUGHT INTO THE, UM, INTO THE STATE SYSTEM. THAT'S STRANGE. 'CAUSE I REMEMBER IT BEING A, AN ITEM OF DISCUSSION PROBABLY ABOUT THE SAME TWO STREETS. YEAH. MM-HMM . UH, AND, AND I THINK THAT'S WHY THEY WERE NOT INCLUDED IN THE 2021 APPROVAL. BUT, YOU KNOW, AGAIN, I'M NOT ABSOLUTELY SURE THAT MY MEMORY IS CORRECT, YOU KNOW, SO IS VDOT SAYING THEY'LL TAKE 'EM NOW? IS THAT WHAT YOU'RE SAYING? THAT'S HOW I REMEMBER, YES. YOU, YEAH. THE ONLY THING VDOT SAYING AT THIS POINT IS THAT THE STREETS MEET THEIR STANDARDS FOR, FOR, UH, THE CROSS SECTION STANDARDS. SO THIS IS ONE OF THOSE. IF I ASK YOU TO MARRY ME, WOULD YOU ? SO I THINK I, I THINK I'D, UM, PROBABLY ASK YOU TO TAKE ME OUT TO DINNER FIRST, BUT, UH, , I MEAN, ESSENTIALLY THEY'RE SAYING, YOU KNOW, THIS IS THE FIRST STEP IN US GETTING VDOT TO ACCEPT THESE. THAT IS CORRECT. AND WHAT, AND SO WE NEED TO HAVE A PUBLIC HEARING TO DISCUSS THIS. YES, SIR. AND, AND THEN WE ARE JUST SIMPLY SAYING TO THE BOARD OF SUPERVISORS, WE RECOMMEND OR DO NOT RECOMMEND THAT VDOT TAKE THESE OVER WHAT YOU ARE SAYING. WHAT YOU ARE BEING ASKED TO DO IS TO REVIEW THIS AGAINST THE COMPREHENSIVE PLAN AND DETERMINE WHETHER OR NOT TAKING THESE NEW STREETS OR TAKING THESE EXISTING STREETS, UH, INTO THE STATE SYSTEM MEETS WITH A COMPREHENSIVE PLAN. DOES IT? WE HAVE TO PROVIDE THAT INFORMATION TO YOU, AND YOU'LL DO THAT BEFORE THE PUBLIC HEARING, OR WE CAN DO THAT ON THE 23RD WITH YOUR, WITH YOUR WORK SESSION. OKAY. ALL RIGHT. SO STAFF, WE'LL LOOK INTO, I, I REMEMBER THERE HAS TO BE SO MANY HOUSES. I'M TRYING TO GET FORMS. I'M TRYING TO GET TO A POINT WHERE WE AVOID THE WORK SESSION. WELL, WE ARE DEFINITELY GONNA NEED THE, I'M WORKING THAT NIGHT FOR THE REZONING, SO IT SEEMS PRETTY STRAIGHTFORWARD TO ME. RIGHT. AND IT DOESN'T, MY UNDERSTANDING OF THE COMPREHENSIVE PLAN WITH THIS DOESN'T, IT DOESN'T LOOK LIKE ANY CONFLICT. I MEAN, I DON'T KNOW WHAT YOU'RE GONNA RESEARCH, BUT I, I, I LOOK FORWARD TO IT. YES, SIR. DOESN'T LOOK LIKE THERE'S ANY HOUSES ON THE ROAD. I MEAN, YOU KNOW, IF VDOT IS WILLING TO TAKE IT. RIGHT. MAINTAIN, I THINK, I THINK THE COUNTY PAYS FOR THAT AN ISSUE. DOES THE COUNTY NOT GIVE VDOT MONEY OR, WELL, IT'S A BURDEN TO GIVE SOME, GIVE THEM A ROAD THAT HAS NO HOUSES. ISN'T THAT VDO T'S ISSUE? I DON'T KNOW. WE HAD, WE HAD THIS DISCUSSION AND IT HAD TO HAVE SO MANY HOUSES ON THE ROAD BEFORE WE APPROVED IT. COUNTY PLANNER SHANTI'S RIDLEY WILL REVIEW THE RECORD FROM MAY 5TH, AND WE'LL ALSO REVIEW THE, UH, WE WILL REVIEW THE COMPREHENSIVE PLAN AS DIRECTED BY THE BOARD OF SUPERVISORS. AGAIN, UH, WHAT THIS IS, IS A, EITHER IT IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, OR IT IS NOT IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. YOU'RE NOT BEING ASKED TO MAKE A RECOMMENDATION ON WHETHER OR NOT VDOT SHOULD ACCEPT THESE. YOUR SCOPE HERE IS TO DETERMINE, IT'S WHETHER IT'S SUBSTANTIALLY IN ACCORD WITH COMP PLAN OR NOT. OKAY. I THINK THE KEY HERE IS, IS THAT IT MEETS ALL THE REQUIREMENTS OF A SUBDIVISION RELATIVE TO, UH, THE, THE HIGHWAY OR THE ROAD. MM-HMM . THAT CONNECTS WITH THE SUBDIVISION. AM I RIGHT ON THAT? THAT WOULD BE, I THINK THAT WOULD BE ONE OF THE ELEMENTS IN THE, IN THE STAFF'S ANALYSIS, SIR. YEAH. YEAH. AND THAT MEETING WOULD BE SIX 30 ON THE 23RD, WHATEVER TIME YOU ALL DECIDE WE'RE RECOMMENDING SIX O'CLOCK, BUT OH, SIX O'CLOCK. YEAH. OKAY. DO YOU HAVE A MEETING PLACE? IS THERE A CALL IN? WE CAN SET IT UP. IF WE HAVE A QUORUM PRESENT, A QUORUM PHYSICALLY PRESENT IN THE ROOM, THEN WE CAN CERTAINLY [00:50:01] ENTERTAIN, UM, UH, REMOTE PARTICIPATION. OH, WE CAN GET THAT. WE CAN SET THAT UP. WE CAN'T DO ANY BUSINESS THAT NIGHT. MM-HMM . WE CAN'T VOTE OR ANYTHING. UM, I JUST PULLED UP THE MINUTES FROM THAT MEETING. AND REGARDING THE EAGLE SOUND SUBDIVISION ROADS, MR. MORRISON GAVE AN OVERVIEW OF THE NEED FOR THE REVIEW AND STATED THAT IT IS AN UNUSUAL CIRCUMSTANCE DUE TO THE HISTORY OF THE TWO STREETS. MR. MORRISON STATED THAT THE ROADS WERE ORIGINALLY SUPPOSED TO BE TURNED OVER TO VDOT, BUT WERE UNABLE TO, AND THEN THAT THE HOMEOWNER'S ASSOCIATION HAS MAINTAINED THE ROADS AND ARE NOW ABLE TO GET THEM TURNED OVER TO VDOT. NO, THAT'S PRETTY STRAIGHTFORWARD TO ME. MM-HMM . BUT, WE'LL, WE'LL HAVE A SPECIAL SESSION FOR IT. WELL, IF YOU WANT, WELL, THERE, THERE ARE A COUPLE OF OTHER ITEMS THAT WE WOULD NEED TO BRING TO YOU IN A, IN A WORK SESSION, BUT WELL, WHEN THIS SPECIAL SESSION WILL BE IN THIS ROOM. YES, SIR. OKAY. SIX O'CLOCK ALL. SO I NEED A MOTION TO HAVE A PUBLIC HEARING ON OCTOBER 8TH. I MAKE A MOTION THAT WE HAVE A PUBLIC HEARING ON THE DOCKS LANDING EAGLE LANE BAYVIEW LANE ROADS ON OCTOBER THE EIGHTH. ANYBODY WANT SECOND? SECOND? ALL IN FAVOR SAY AYE. A AYE. AYE. ALL OPPOSED. OKAY. SO THE NEXT ONE IS REVIEW, RECEIVE BRIEFING AND CONSIDER PUBLIC HEARING ON REZONING OF DARBY FARM. WE SHOULD SEPARATE THOSE, I GUESS. I, UH, THANK YOU, MADAM CHAIR. THIS IS ITEM C UNDER, UH, UNDER NEW BUSINESS. THAT'S, UH, NUMBER SIX, NEW BUSINESS. SO ALL WE'RE DOING TONIGHT, WE'RE NOT CONSIDERING THE REZONING AND, AND THE, UH, AND THE TECHNICALITIES AND THE ANALYSIS OF THE REZONING. WE'RE SIMPLY INTRODUCING THIS TO YOU AS AN, AS A, UH, AS A TOPIC. AND WE'RE ALSO GONNA BE REQUESTING PUBLIC HEARINGS FOR OCTOBER 8TH. THE, THIS IS THE REAL REASON FOR THE, FOR THE WORK SESSION REQUEST. OKAY? MM-HMM . ARE THE REZONINGS. IF YOU WANT US TO BRING INFORMATION TO YOU ABOUT THE, ABOUT THE TWO STREETS, WE CAN CERTAINLY DO THAT. UM, MAYBE WE COULD JUST INSERT THAT INTO YOUR PACKET, BUT CONCENTRATE ON THESE. BUT, UM, WE, UH, THE, THE, THE, THE POINT IS DEFINITELY WELL TAKEN THAT, UH, THAT THE OTHER ITEM IS FAR LESS, UH, COMPLEX THAN, THAN TWO RESILIENCE. IN ANY CASE, ON AUGUST THE 27TH, VIRGINIA SPACE SUBMITTED TWO APPLICATIONS FOR REZONINGS FOR TWO DIFFERENT SITES. UM, THE FIRST ONE IS THE DERBY FARM AND THIS SITE, UH, AND, AND THE APPLICANT AND THE PROPERTY OWNERS ARE THE SAME FOR BOTH. MR. JOHN CUSAS, WHO IS A LOCAL ATTORNEY, HAS BEEN, UH, RETAINED BY VIRGINIA SPACE AND THEIR LEGAL COUNSEL, DEBORAH BRYAN, TO, UH, TO SUBMIT AND TO SHEPHERD THESE TWO APPLICATIONS THROUGH OUR PROCESS. THE PROPERTY OWNER, AGAIN, IS VIRGINIA SPACE. THERE ARE FIVE TAX PARCELS INVOLVED. AND THIS IS IN SUPERVISOR DE GEORGE'S, UH, DISTRICT. AND THIS IS IN THE PLANNING COMMISSION CHAIR'S, CHAIR, WINFIELD'S, UH, DISTRICT. THE SITE ACREAGE FOR THOSE FIVE PARCELS IS 167 ACRES. THEY'RE CURRENTLY ZONED AGRICULTURAL AND FUTURE LAND USE RECOMMENDATION IS THE SAME. THE REQUEST IS TO REZONE 167 ACRES FROM AGRICULTURAL TO INDUSTRIAL WITH FIVE PROFFERS. WE HAVE NOT INCLUDED THOSE PROFFERS IN THE STAFF REPORT BECAUSE WE ARE STILL WORKING WITH VIRGINIA SPACE. ON FINAL WORDING OF THOSE PROFFERS, WE WILL OBVIOUSLY BRING THOSE TO YOU AT THE WORK SESSION. SHOULD YOU, SHOULD WE, UH, DECIDE TO HAVE ONE? UM, THERE ARE NO OVERLAYS FOR THE FIVE, FOR THE FIVE TAX PARCELS. UH, THE ADJACENT ZONING IS AGRICULTURAL ALL AROUND, EXCEPT FOR THE NEUTRON COMPLEX, WHICH IS DIRECTLY ACROSS THE STREET. THIS WAS REZONED, UM, UH, PREVIOUSLY WITH PROFFERS. THERE ARE, UM, THERE IS ONE SINGLE FAMILY RESIDENTIAL STRUCTURE. THERE'S A LOT OF, UH, VACANT OR ACTUALLY CULTIVATED AGRICULTURAL. AND THERE IS, UH, AS WE ALL KNOW, UH, AEROSPACE AND INDUSTRIAL ACTIVITIES HAPPENING DOWN THERE. SO HERE IS AN AERIAL OF THE, UH, OF THE MAP OR AN AERIAL OF THE SITE. THIS IS THE ONE SINGLE FAMILY RESIDENTIAL. UM, OUR 2021 AERIALS DO NOT SHOW THE CURRENT CONFIGURATION OF THE, OF THE ROCKET LAB, VIRGINIA SPACE NEUTRON COMPLEX, BUT THAT'S HERE WHERE THEY'RE SHOWING, UH, POULTRY HOUSES. OKAY. THAT WOULD'VE ELIMINATED, RIGHT? THEY, THEY, THEY'RE GONE. MM-HMM . AND ROCKET LAB AND VIRGINIA SPACE OCCUPY THAT SITE. YEAH. AND, UM, THESE ARE THE 1, 2, 3, 4, AND THEN RIGHT HERE IS [00:55:01] THE FIFTH PARCEL FOR 167 ACRES. OKAY. SO I KNOW WE'RE GONNA DISCUSS THE OTHER ONE, BUT CAN YOU PULL THAT PICTURE BACK UP AND TELL ME WHERE THE OTHER PROPERTY IS THAT WE'RE GONNA TALK ABOUT LATER? THE OTHER PROPERTY IS WAY OUT HERE ON ROUTE 13. OKAY. THAT'S RIGHT. IT'S THE OLD CLAM FACTORY. YES, SIR. GO AHEAD. YEP. DID THEY HAPPEN TO SAY WHAT THEY'RE GONNA DO WITH THESE 167 ACRES THAT WERE CHANGING FROM AG TO INDUSTRIAL? THEY, THEY HAVE, UM, THEY'VE SUBMITTED PROFFERS TO, UM, UH, THEY'VE SUBMITTED SOME PROFFERS THAT STILL NEED TO BE REWORKED. BUT TO ANSWER YOUR QUESTION, MR. SPARKMAN, ESSENTIALLY THEY ARE, THEY WANT TO, UM, THEY WANT TO MAINTAIN THE ABILITY, OR THEY WANT TO OBTAIN THE ABILITY. THEY CAN'T DO THAT IN AG NOW, BUT IN INDUSTRIAL, YOU CAN DO, YOU CAN DO THOSE, UH, THOSE THINGS THAT WOULD BE EXPECTED OF AN AEROSPACE OR DEFENSE COMPANY, MANUFACTURING, ASSEMBLY, UM, PAYLOAD PROCESSING. YEAH. I REMEMBER I WAS A GUEST THAT THE ORIGINAL OPENING OF THE AEROSPACE, UH, PROPERTY RIGHT HERE THAT WE ZONED. BUT I WAS JUST WONDERING, ARE THEY EXPANDING THE FACILITY? FACILITY? ARE THEY STORING ROCKETS? 'CAUSE I REMEMBER SOME OF THE DISCUSSION BEING AROUND EXPLOSIVES WITH, UH, ROCKET PROPELLANT AND SO FORTH MM-HMM . AND HOW THAT AFFECTED THE AREA. SO THAT'S WHY I WAS ASKING. RIGHT, RIGHT. SO THE, WHAT THE COUNTY STAFF KNOWS IS THAT THEY DO HAVE AN END USER IN MIND. IT IS A CONFIDENTIAL ECONOMIC DEVELOPMENT PROSPECT. AND THE REASON WHY WE'RE, WHY THEY HAVE ASKED US TO EXPEDITE THE, THE PROCESS, WHICH IS AN UNUSUAL, IT'S AN UNUSUAL STEP TO EXPEDITE A REZONING OF THIS NATURE. IT'S VIRGINIA SPACE. UM, WE ARE PRIVY TO CERTAIN DETAILS, UNFORTUNATELY, I CAN'T REPEAT THOSE AS THEY ARE CONFIDENTIAL, BUT IT IS A, IT'S A, LET'S JUST CALL IT A, A, A SIMILAR USE TO A ROCKET LAB TYPE COMPANY, OKAY? MM-HMM . RIGHT NOW ON THIS, UH, ON THIS AREA HERE, VIRGINIA SPACE HAS ACTUALLY PURCHASED ALL OF THIS FROM, UH, FROM THE ROAD. THIS IS OUR BUCKLE NECK. SO ALL OF THESE OTHER PARCELS RIGHT HERE, UH, ESSENTIALLY 1, 2, 3, 4, 5 PARCELS THAT MAKE UP THE BALANCE OF AN APPROXIMATELY 550 ACRE SITE. UH, UH, VIRGINIA SPACE OWNS ALL OF THIS. THEY OWN EVERYTHING ESSENTIALLY BETWEEN WALLACE ISLAND ROAD AND OUR BUCKLE NECK ROAD. THEY HAVE COME TO US WITH A REZONING APPLICATION FOR JUST THIS PORTION HERE. WHY WE'RE ASKING THE SAME QUESTION, AND WE'RE STILL WAITING FOR THAT ANSWER. WE'VE, WE'VE, WE'VE, UH, WE'VE REQUESTED THAT INFORMATION, UH, IF THEY ARE LOOKING TO, TO DO OTHER USES, UH, AND AGAIN, IT'S STRICTLY UP TO THE APPLICANT TO DETERMINE HOW MUCH THEY WANT TO, THEY WANT TO REZONE. OKAY. BUT IF THEY WANT TO, I MEAN, IF THEY WANNA DO ANYTHING ELSE OUT HERE, THEY GOTTA COME BACK. THEY'RE GONNA, THEY'RE GONNA HAVE TO COME BACK. OKAY. RIGHT. SO MY QUESTION IS THAT ISOLATED, I MEAN, LOOKING AT THE MAP FROM THOSE OTHER PARCELS THAT ARE OUT FRONT, WHAT THEY'RE ASKING IS THAT SET BACK TO, TO THE POINT WHERE IT'S ISOLATED WHERE YOU REALLY CAN'T SEE IT? NO, IT'S RIGHT ON THE ROAD. UM, SO THE, SO THE SITE, IF WE TAKE ALL OF THIS AS ONE SITE, BECAUSE THEY'RE REZONING ALL OF THIS TOGETHER, UH, THERE ARE, ARE WE TALKING ABOUT THIS ROAD HERE? UM, WALL ISLAND ROAD THERE, THERE'S NO BUFFERING ALONG, ALONG THIS ROAD HERE. THERE'S NOT, IT'S, IT'S ALL JUST OPEN FIELD. OKAY. YEAH. I REMEMBER THE ORIGINAL DISCUSSION WAS TALKING ABOUT STORAGE OF PROPELLANTS, WHAT PEOPLE WERE CONCERNED ABOUT, POSSIBLE EXPLOSIVE, UH, MATERIALS. AND THAT WAS A DISCUSSION ORIGINALLY. AND, AND WE WILL CERTAINLY PROVIDE YOU THE PROFFERS IN WHATEVER CONDITION THEY'RE IN AT THE 23RD, IF WE DO HAVE A, IF WE DO HAVE A WORK SESSION, WHICH I'M HIGHLY RECOMMENDING, WE HAVE A WORK SESSION, UH, SPECIFICALLY FOR THESE TWO REZONING APPLICATIONS. BUT, UM, AGAIN, WE WE'RE, WE'RE IN DISCUSSIONS WITH VIRGINIA SPACE ABOUT THE PROFFERS FOR BOTH SITES, FOR BOTH APPLICATIONS. AND YOU COULD BRING THAT TO US ON THE 23RD. ABSOLUTELY. YES, SIR. I MEAN, YOU KNOW, IF, IF MUSK OR BEZOS WANNA BUILD ROCKETS ON AN OLD POTATO FIELD, I MEAN, WHAT ARE WE REALLY GONNA ARGUE ABOUT? WHAT'S TO DISCUSS MM-HMM . OTHER THAN THE FACT MOST PEOPLE IN THE COUNTY, [01:00:01] AND WE'VE BEEN HERE AND WE'VE DISCUSSED IT, IS, UH, OH MY GOD, WE'RE TAKING AGRICULTURAL OUT OF AGRICULTURAL USE. I MEAN, THAT'S A, THAT'S AN ONGOING DISCUSSION IN THIS COUNTY ABOUT, OH MY GOD, WE'RE GONNA TAKE LAND OUT OF PRODUCTION. AND EVERY FARMER IN THE COUNTY FREAKS OUT WHEN YOU SAY YOU CAN'T PLANT A POTATO THERE. MM-HMM . SO IS THAT, IS THAT THE BIG ISSUE OR WHAT, YOU KNOW, WHAT ARE WE ANTICIPATING HERE? I THINK THAT THE, THE PLANNING COMMISSION, THE BOARD OF SUPERVISORS, THE WAFS RESEARCH PARK LEADERSHIP COUNCIL, AND ANY OTHER BODY, INCLUDING THE COUNTY STAFF, IS GOING TO LOOK AT SITUATIONS LIKE THIS AND BALANCE THE INTERESTS. YOU KNOW, UM, IF WE WANT THE AEROSPACE AND DEFENSE ECONOMIC CLUSTER HERE IN OMA COUNTY TO GROW, THEN WE'VE GOT TO GIVE THEM LAND TO GROW. MM-HMM . THAT'S MY POINT. SO WHAT ARE WE GOING, I MEAN, WE'RE GONNA DISCUSS THE NEXT REZONING AT THE, UH, WORK SESSION, I'M SURE. RIGHT? OKAY. RIGHT. IS THIS THE 23RD OF, OF OCTOBER, SEPTEMBER OF, UH, SEPTEMBER. TWO WEEKS, JUST IN A COUPLE WEEKS. RIGHT. SO WITH THAT BEING SAID, YOU KNOW, WE'RE JUST INTRODUCING THE APPLICATION TO YOU. WE, WE LITERALLY JUST GOT IT LIKE A WEEK AND A HALF, TWO WEEKS AGO. AND OF COURSE, UH, WITH THESE KINDS OF ECONOMIC DEVELOPMENT PROSPECTS, SOMETIMES THEY SAY, WELL, WE WANT TO GET STARTED WITHIN A CERTAIN AMOUNT OF TIME. MAYBE THEY'VE GOT SOME FEDERAL CONTRACTS, WE DON'T KNOW. BUT, SO, SO LET ME ASK YOU THIS QUESTION. IF WE HAVE THAT WORK SESSION, AND WE GO THROUGH ALL THIS, ARE WE GOING TO BE ABLE TO HAVE A JOINT SESSION WITH A BOARD OF SUPERVISORS AND MOVE THIS RIGHT ALONG? OR ARE WE, ARE WE, YOU KNOW, ARE WE HOLDING UP ANYTHING? NO, SIR. ARE WE GONNA GET ALL THAT AT THE WORK SESSION? YOU'LL GET ALL THAT AT THE WORK SESSION. OKAY. WHAT, WHAT WE HAVE, WHAT WE HAVE, UM, WHAT THE STAFF HAS WORKED OUT WITH THE COUNTY ADMINISTRATION IS, UH, THE, THE FASTEST OR REZONING COULD POSSIBLY GO THROUGH THE PROCESS IS FOUR MONTHS. IT, IT ALMOST ALWAYS TAKES LONGER THAN THAT. THERE IS USUALLY A MONTH BETWEEN THE PLANNING COMMISSION MAKING ITS RECOMMENDATION AND THE BOARD OF SUPERVISORS MAKING A DECISION. SO LET'S SAY FOR INSTANCE, THAT, UH, TONIGHT YOU ARE HAVING THAT PUBLIC HEARING THAT REQUIRED A RECOMMENDATION TO THE BOARD OF SUPERVISORS, DOESN'T MATTER WHAT CONDITIONAL USE PERMIT, REZONING, ORDINANCE, AMENDMENT, WHATEVER, UH, PLANNING COMMISSION VOTES ON VOTES TONIGHT, STAFF WOULD FORWARD A RECOMMENDATION TO THE BOARD OF SUPERVISORS NEXT MONTH FOR THEIR, YOU KNOW, AND, AND THEY USUALLY RECEIVE THAT ON THEIR CONSENT AGENDA. SO OCTOBER, THERE ISN'T REALLY ANY ACTION HAPPENING, BUT THE BOARD OF SUPERVISORS WOULD TAKE THAT UNDER ADVISEMENT IN, UH, IN NOVEMBER. SO IN THIS CASE, SINCE WE'RE JUST BRINGING THIS TO YOU NOW, AND THEY'VE ASKED FOR AN EXPEDITED PROCESS, UM, AND BECAUSE THE STAFF IS STILL TRYING TO GET SOME ANSWERS OUT OF VIRGINIA SPACE AND THEIR LEGAL COUNSEL THAT WE WANT TO, WE WANT YOU ALL TO HAVE A WORK SESSION IN A COUPLE OF WEEKS IN ADVANCE OF AN OCTOBER 8TH, UH, IN, IN ADVANCE OF OCTOBER 8TH, UM, UH, PUBLIC HEARINGS FOR BOTH OF THESE APPLICATIONS. YOUR RECOMMENDATION WILL GO STRAIGHT TO THE BOARD OF SUPERVISORS FOR THEIR ACTION IN NOVEMBER, WHERE NORMALLY THERE WOULD, YOU KNOW, THEY WOULDN'T DO ANYTHING IN NOVEMBER, AND THEY WOULD ACT ON IT IN DECEMBER. SO WE GOOD? OKAY. GOOD. YEAH. UM, TO OUR COLLECTIVE KNOWLEDGE, AT LEAST IN RECENT MEMORY, JOINT PUBLIC HEARINGS, DON'T WANNA DO THAT WITH THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS DO NOT HAPPEN. UM, MY VIEWPOINT ON JOINT PUBLIC HEARINGS IS THAT IT REDUCES THE NUMBER OF OPPORTUNITIES FOR THE PUBLIC TO, TO, UH, TO COMMENT ON AN APPLICATION. AND I TYPICALLY SHY AWAY FROM JOINT PUBLIC HEARINGS, BUT IF IT'S THE WILL OF THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS TO GET TOGETHER AND HAVE A JOINT PUBLIC HEARING, WE WILL TAKE THAT DIRECTION AND DO WHATEVER YOU GUYS WANT. IN THIS CASE, AGAIN, WE'RE NOT ASKING FOR A JOINT PUBLIC HEARING. WE'RE JUST, UH, IF ANYTHING, IT'S THE BOARD OF SUPERVISORS THAT'S ADJUSTING ITS SCHEDULE BY NOT HAVING THAT INTERIM MONTH BETWEEN YOUR RECOMMENDATION AND THEIR ACTION. SO, UH, IF ALL GOES, IF ALL GOES ACCORDING TO, UH, WHAT FOLKS ARE ENVISIONING, THE PLANNING COMMISSION WILL HAVE A, WILL HAVE A PUBLIC HEARING IN OCTOBER, AND THEN THE BOARD OF SUPERVISORS WILL JUST GO STRAIGHT TO A DECISION IN NOVEMBER. THAT'S NOT HOW IT NORMALLY HAPPENS. I KNOW. USUALLY THERE'S A MONTH IN BETWEEN. OKAY. I JUST WANNA MAKE SURE THERE WAS A WAY TO MOVE, GET IT DONE. YES, SIR. I WOULD LIKE TO SAY, I, I WOULD NOT LIKE TO HAVE A JOINT PUBLIC HEARING. IT WAS A, IT WAS A MESS [01:05:01] LAST TIME. RIGHT. THAT, THAT WOULD BE A LOT TO MANAGE. WE LEARN FROM OUR MISTAKES AND WE CAN TRY IT AGAIN. ALL RIGHT. SO, UM, THESE ARE, THIS, UH, JUST TO, JUST TO CONCLUDE THE INTRODUCTION AND THE BRIEFING, UH, THIS IS THE PLA THAT THEY SUBMITTED. AND AGAIN, THESE ARE THE 1, 2, 3, 4, 5 PARCELS TOTALING ABOUT 167 ACRES. UH, THAT IS AWAY FROM THE RES. SO THIS IS AR BUNK NECK ROAD, AND MOST OF YOUR RESIDENCES ARE OVER THERE TO THE, TO THE NORTH AND TO THE EAST OR TO THE WEST. AND IF THIS IS WALL ISLAND ROAD, THIS IS THE NEUTRON COMPLEX HERE. AND THE NASA SECURITY GATE IS RIGHT HERE. RIGHT HERE, RIGHT THERE. YEAH. AND THEN YOU JUST CONTINUE ON, UH, TO, UM, YOU CONTINUE ON TO THE, UH, UH, SOUTHEAST TO GET ONTO THE ISLAND. YEAH. ALRIGHT. WITH THAT BEING SAID, THIS CONCLUDES MY PRESENTATION AND I CAN FIELD ANY FURTHER QUESTIONS YOU HAVE ON THIS. WHAT DO YOU WANT US TO DO NOW? UH, UH, I WILL BE ASKING FOR A, I WILL BE ASKING FOR A, UM, UH, A WORK SESSION ON THE 23RD, BUT MORE IMPORTANTLY, I'LL BE ASKING FOR YOUR AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING ON OCTOBER 8TH, WHICH IS IN UNDER A MONTH. SO YOU, YOU ONLY, UM, YOU ONLY BRIEFED ABOUT ONE OF THE REZONINGS, WHICH IS 1 41. MM-HMM . SO IN YOUR MOTION FOR A PUBLIC HEARING, IT'D BE JUST FOR THAT ONE RIGHT NOW? I CAN, I CAN GO INTO 1 42 TWO'S, GET THIS ONE, ONE WITH, AND THEN WE'LL, IS THERE ANY DISCUSSION? YEAH, NO, I MEAN, NOW IS THERE ANY NO. OH, I DON'T HAVE ANY. DOES ANYBODY ELSE HAVE ANY DISCUSSION FOR STAFF? I MAKE A MOTION THAT WE MOVE FORWARD WITH THE WORK SESSION ON THE 23RD AT 6:00 PM AND THAT WE RECOMMEND THE STAFF ADVERTISE FOR A PUBLIC HEARING ON OCTOBER THE EIGHTH FOR THIS PROJECT. OKAY. I HAVE A MOTION FOR A PUBLIC, I MEAN, A WORK SESSION. DO WE VOTE ON THAT? IT'S BEEN A LONG TIME. I MEAN, YOU CAN TAKE THOSE IN THREE SEPARATE, YEAH, THREE SEPARATE MOTIONS. I WOULD DO. AND SECOND ON THE, ANYBODY WANNA SECOND ON THE WORK SESSION? SECOND, SECOND. SECOND. ALL RIGHT. I'M SECOND ON THE WORK SESSION. ALL IN FAVOR SAY AYE. AYE. DID I MESS YOU UP? I'M SORRY. WE HAD TWO PEOPLE RAISE THEIR HAND FOR THE SECOND, FOR THE, I'VE GOT MR. WHITE AS THE SECOND. ALL RIGHT. NOW WE HAVE A, NOW WE'VE, MR. KYLER HAS A MOTION FOR A, UH, PUBLIC HEARING ON THE REZONING OF 0 0 0 1 4 1 2005, THE DARBY FARM FOR OCTOBER 8TH. ANYBODY HAVE A SECOND? OH, SECOND FOR A SECOND FOR, UM, THE REZONING ON OCTOBER 8TH. PUBLIC HEARING. OKAY. NOW ARE YOU LOOKING FOR MOTION OR ARE YOU LOOKING FOR A SECOND, OR DID HE A SECOND, MR. TYLER. MOTION. MR. TYLER'S ALREADY MOVED IT. OKAY. THAT WAS SECOND. OKAY. I HAVE A SECOND. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. ALRIGHT, SO THAT WAS FOR 1 41. YEAH. AND WE'VE GOT ONE LEFT TO GO. SO, REZ TRIPLE 0 1 42 20 25 IS A REZONING FOR THE FORMER SEAFOOD PLANT. THE APPLICANT AND PROPERTY OWNER ARE THE SAME. THIS INVOLVES TWO. UH, THIS INVOLVES TWO PARCELS. UM, THIS SAYS 167 ACRES. I APOLOGIZE. IT SHOULD BE 55, BUT, UM, IT'S IN THE, IT'S IN MAGISTERIAL, DISTRICT FIVE, SUPERVISOR WASHINGTON AND COMMISSIONER CONNOR, UH, REPRESENT, UH, MAGISTERIAL DISTRICT FIVE. IT'S CURRENTLY ZONED AG FUTURE LAND USE RECOMMENDATION IS ALSO AG. THEY'RE REQUESTING TO REZONE 55 ACRES FROM AG TO INDUSTRIAL WITH TWO PROFFERS. AGAIN, WE'LL BRING THOSE PROFFERS TO YOU AT THE WORK SESSION. UM, NO OVERLAYS. UH, THE ADJACENT ZONING IS, UH, IT'S, IT'S AGRICULTURAL. I APOLOGIZE THAT SHOULDN'T BE THERE. ADJACENT USES ARE INDEED SINGLE FAMILY RESIDENTIAL. THERE'S ALSO VACANT AGRICULTURAL. AND, UM, AND, UH, UH, THEY'RE ALREADY OCCUPYING SOME PARTS OF THE, SOME PARTS OF THE BUILDING, BUT THEY'RE NOT DOING ANYTHING REALLY AEROSPACE RELATED. THIS IS THE, UH, THIS IS THE EXTENT OF THE APPROXIMATELY 55 ACRES THAT THEY'RE TALKING ABOUT. THIS IS THE EXISTING CLAM PLANT RIGHT HERE. AND, UM, AND THEN THIS IS KETE ELEMENTARY SCHOOL HERE, ROUTE 13. AND AS A, AS A CONVERSE TO YOUR QUESTION BEFORE, I THINK IT WAS, UM, I CAN'T REMEMBER WHOSE QUESTION IT WAS, BUT, UH, THE DARBY FARM IS SOMEWHERE WAY OVER HERE. I KNOW WHERE IT IS. YEAH, I I I WAS, I KNOW WHERE IT'S SO [01:10:01] WHO ACTUALLY OWNS THIS LOT? VIRGINIA SPACE? THEY'VE ACQUIRED THAT. AND, UM, THERE IS NO OTHER INDUSTRIAL ANYWHERE NEAR THAT LOT. NO, SIR. NO, MA'AM. IT'S, IT'S SPOT SPOT ZONING. NOW THE, THIS IS ON ROUTE 13, RIGHT? THIS IS WHERE WE'RE TALKING, THIS IS ON ROUTE 13. WHAT IS IT, TOMATO PLANT OR SOMETHING? SEAFOOD. SEAFOOD. SEAFOOD. SEAFOOD. WE COULD SMELL IT REAL GOOD. DO THEY OWN THE LAGOONS? NO, TO, I, I WANT TO GET BACK TO SURE. YEAH. THE SPOT, THE SPOT ZONING. SORRY. WITH REGARDS TO SPOT ZONING, UM, IT COULD BE INTERPRETED THAT WAY. ONE WAY OF SPOT ZONING. I THINK THAT THERE ARE SOME INSTANCES THAT MIGHT, UH, THAT IT, IT WOULD BE APPROPRIATE. AND I WOULD SUBMIT THAT, UM, THAT, UH, UH, THIS, THIS COMMISSION AND THE BOARD OF SUPERVISORS IN REVIEWING SOME PAST DECISIONS, HAS, UM, HAS NOT TAKEN THE FUTURE LAND USE MAP INTO ACCOUNT, FOR INSTANCE. AND, YOU KNOW, UH, NO JUDGEMENTS HERE, BUT THE, THE MARINER HASTINGS THAT WAS DESIGNATED AS, AS, UH, AGRICULTURAL IN, UM, IN, UH, UH, ON THE FUTURE LAND USE MAP. BUT IT WAS INDEED REZONED TO, UH, VILLAGE DEVELOPMENT AREA AND VILLAGE DEVELOPMENT, UH, I'M SORRY, VILLAGE DEVELOPMENT DISTRICT. SO WHERE WAS THE MARINER HASTINGS MAR? MARINER HASTINGS IS THE 140 TOWNHOUSES UP IN THE CAPTAIN'S CODE STATE. OH. OFF OF STATE LINE ROAD. I REMEMBER THAT. YEAH. MM-HMM . UM, THIS ONE I WOULD CONSIDER, UM, YOU KNOW, IT, IT, IT'S JUSTIFIABLE. I THINK THAT IT WOULD BE A REASONABLE REQUEST THAT WOULD BE UP TO THE PLANNING COMMISSION TO DETERMINE WITH, UM, WITH STAFF'S INPUT. BUT IF YOU'RE, IF YOU'RE LOOKING AT IT IN TERMS OF THE, THE ONE SITE WITH NO INDUSTRIAL AROUND IT, AND THE FUTURE LAND USE RECOMMENDATION IS STILL AGRICULTURAL, I WOULD SUBMIT THAT THAT IS A, THAT IS A DEFICIENCY IN THE FUTURE LAND USE MAP AND NOT THE APPLICATION ITSELF, BECAUSE THE USE HAS BEEN INDUSTRIAL BEFORE. AND FOR WHATEVER REASON THAT USE WAS ALLOWED AS AN INDUSTRIAL USE ON AN AG, ON AN AGRICULTURALLY ZONED PIECE OF PROPERTY. I WOULD SAY THAT WE ARE JUST CORRECTING THAT WITH THE REZONING. THAT'S ONE WAY THAT, THAT, THAT'S MY INITIAL TAKE ON THAT WITHOUT HAVING GONE THROUGH ALL OF THE, UH, ALL OF THE ANALYSIS. SO I THINK WHEN WE REZONE IT INDUSTRIAL, WE OPEN IT UP TO EVERY INDUSTRIAL BUY RIGHT. THAT THERE IS. AND BEING ACROSS FROM A SCHOOL, WOULD WE WANT A CONDITIONAL USE PERMIT THAT IS TO NARROW IT DOWN TO WHAT WE'RE GONNA, THAT IS, THAT IS ONE DISTINCT POSSIBILITY THAT IF IT'S JUST REZONED FROM AG TO INDUSTRIAL WITHOUT ANY KIND OF PROFFERS OR ANYTHING, THEN YOU ARE ABSOLUTELY CORRECT THAT DOES OPEN UP THE ALLOWABLE USES TO THAT ENTIRE LIST IN THE, IN THE INDUSTRIAL. UM, WE OF COURSE, AS THE STAFF WILL BE LOOKING AT THE DIFFERENT, AT THE DIFFERENT PROPOSED USES, AND THERE ARE, AND, AND, AND WE HAVE ASKED VIRGINIA SPACE IF THEY'RE WILLING TO PROFFER OUT CERTAIN USES. SO TO, TO REDUCE THAT LIST OF USES TO REDUCE THAT DANGER OF A USE THAT IS UNANTICIPATED NOT RELATED TO AEROSPACE AND DEFENSE. MM-HMM . UH, WE'RE, WE'RE ASKING VIRGINIA SPACE TO LOOK AT THAT VERY CLOSELY, BECAUSE LIKE YOU SAID, UM, IF YOU JUST REZONE IT FROM AG TO INDUSTRIAL, THEN YOU'VE ENABLED THEM TO DO ANYTHING IN THE INDUSTRIAL DISTRICT ON THIS SITE. AND THEN THERE ARE THEIR HOMES DOWN THERE GREW TOO. THE OTHER SIDE. YES, MA'AM. MM-HMM . SO YEAH, I WOULDN'T WANT, THEY HAVE, HAVEN'T GOT MUCH INDUSTRIAL THERE. SO NOW HOW WAS THAT? YOU SAID IT, IF YOU DO, HOW WAS IT THAT YOU COULD PREVENT THAT FROM HAVING ALL OF THAT INDUSTRIAL THERE, THAT WOULD AFFECT THOSE TIMES IN THE STORE? SO, SO THEY WOULD NEED AN INDUSTRIAL ZONING, UH, CLASSIFICATION TO DO THE AEROSPACE AND DEFENSE THINGS? YES. UM, UH, THE, AND, AND OF COURSE WE'LL PROVIDE YOU WITH MORE INFORMATION AND WITH THEIR NARRATIVE AND THEIR PROFFERS, BUT ONE OF THE THINGS THAT WE HAVE ASKED THEM TO DO IS TO TAKE A LOOK AT, OUT OF THAT LONG LIST OF USES IN THE INDUSTRIAL DISTRICT, WHAT IS IT THAT THEY REALLY NEED? AND IF THERE ARE OTHER THINGS THAT THEY DON'T NEED, THEN CONSIDER PROFFERING THOSE OUT. MEANING THEY WON'T BE ABLE TO DO THAT. THE PROFFER WOULD OVERRIDE THE ZONING ORDINANCE IN THAT CASE, AND THEY WOULD HAVE A SMALLER LIST OF USES IN THAT, UH, IN THAT PARTICULAR, ON THAT PARTICULAR SITE. [01:15:03] I THINK THEY PUT A RACETRACK IN THERE BY RIGHT NOW, I'D HAVE TO LOOK AT THE LIST OF USES. UM, I DON'T KNOW THAT THEY ACTUALLY HAVE THE SPACE TO DO THAT UNLESS YOU'RE TALKING ABOUT A, A, A SMALL ONE. BUT, UH, UM, OKAY. WE, YEAH, THERE'S A LOT OF CRAZY STUFF THEY CAN DO. RIGHT NOW IT'S JUST BUSINESS OR IS IT AG? IT'S ZONED AG. AG. SO ONE MORE QUESTION. I GUESS WE DON'T REALLY REZONE INDUSTRIAL WHAT OUT OF CONDITIONAL USE PERMIT SINCE I'VE BEEN HERE. SO THE PROFFERS THAT VIRGINIA SPACE PUTS FORTH, IF IT, IF THEY GO UNDER OR CHANGE HANDS, THE PROFFERS DON'T GO WITH THE LAND WHEN THEY SELL IT? NO. THE PROFFERS RUN WITH THE LAND. THEY DO. THEY ABSOLUTELY RUN WITH THE LAND. YES, MA'AM. OKAY. SO IF VIRGINIA SPACE DECIDES TO PULL OFF OF THIS SITE AND SOMEBODY, SOMEBODY ELSE OWNS IT MM-HMM . THEY'RE STILL SUBJECT TO THE SAME, UM, STIPULATIONS AND THE SAME PROFFERS. OH, OKAY. THIS LOCATION CAME BEFORE THE BZAA WHILE AGO FOR, THEY WERE GOING TO USE IT FOR A STORAGE FACILITY FOR TIRES. OKAY. I'M NOT FAMILIAR WITH THAT CASE. YEAH, THAT WAS, BUT WE CAN CERTAINLY RESEARCH THAT FOR, FOR ANY PREVIOUS APPLICATIONS ON THIS PROPERTY. MM-HMM. DO YOU HAVE A TIMEFRAME FOR THAT? UM, COMMISSIONER GALE, GEEZ, OVER FIVE YEARS AGO. OVER FIVE YEARS AGO, SO WE WON'T LOOK, I WON'T REMEMBER BETWEEN 2020 AND 2025. YEAH. YEAH. BUT IT WAS, IT WAS REGARDING THIS AND SOMEBODY WAS GONNA STORE TIRES THERE. THAT WOULD BE A, UH, THAT WOULD BE A WASTEFUL PROPOSITION. THIS BUILDING IS CAPABLE OF SO MUCH MORE. MM-HMM . YEAH. NICE BUILDING. YEAH. I GUESS WHAT I'M THINKING IS, YOU KNOW, IT'S KIND OF IN THE MIDDLE OF NOWHERE AND NO OTHER INDUSTRIAL. I WOULD NEED LIKE SPECIFIC WHAT YOU'RE GONNA DO. LIKE, AND, UH, LIKE IS VIRGINIA SPACE GOING TO BE OCCUPYING IT OR SOME OTHER, UH, AIRSPACE COMPANY BECAUSE IT'S CROSSED FROM THE SCHOOL, THERE'S NO OTHER INDUSTRIAL AND THERE ARE HOUSES NEARBY. YEAH. AND IT'S ALSO NEW. SO I THINK THAT ONCE YOU SEE, ONCE WE PROVIDE YOU WITH THE FULL SET OF PROFFERS AND WITH A, WITH A BETTER ANALYSIS, UH, A LOT OF THOSE QUESTIONS WILL BE ANSWERED MM-HMM . BUT, UM, BUT GENERALLY, YOU KNOW, AGAIN, THE SITE HAS, THE SITE HAD PREVIOUSLY BEEN USED FOR INDUSTRIAL. YEAH, IT WAS. AND, UM, AND, UH, UH, NOT ROCKETS. NOT ROCKETS, BUT WHAT, WHAT I CAN SAY ON THE RECORD IS ONE OF THEIR PROFFERS WAS TO PROFFER OUT HAZARDOUS MATERIAL STORAGE ON SITE. AND WE'VE ASKED THEM, IS THAT SOMETHING THAT YOU REALLY WANT? NOW, YOU CAN ALSO SAY THAT'S SOMETHING THAT ABSOLUTELY NEEDS TO HAPPEN, BECAUSE AGAIN, YOU'VE GOT THE SCHOOL ACROSS, BUT IF THEY, YOU KNOW, IF THEY, THEY, THEY COULD FURTHER PROFFER, YOU KNOW, UM, INCREASED PROTECTIONS FOR ANY HAZMAT, DEPENDING ON WHATEVER IT IS THAT THEY'RE STORING. IF IT'S EXPLOSIVES, THEN, YOU KNOW, MAYBE THERE WOULD BE A LIMIT ON THE AMOUNT OF EXPLOSIVES. IF IT'S, UH, IF IT'S SOME SORT OF, UH, UH, UM, GAS THAT THEY'RE USING, THEN, YOU KNOW, UH, LIMIT THE AMOUNT OR, OR PROVIDE AGAIN THAT, UH, UH, A HARDENED STRUCTURE, FOR EXAMPLE. UH, WE'VE ASKED THEM TO TAKE A LOOK AT THOSE PROFFERS AGAIN, JUST TO MAKE SURE IT'S GOING TO SUIT THEIR NEEDS IN THE FUTURE. IF IT DOES NOT SUIT THEIR NEEDS IN THE FUTURE, AND THEY EVENTUALLY GET SADDLED WITH A PROFFER THAT THEY WANT TO CHANGE, THEY WILL HAVE TO COME BACK AND GO THROUGH THE PROCESS AGAIN. SO IS ARE, EXCUSE ME. YOU'RE OKAY. UM, THERE WAS WASTEWATER TREATMENT FOR THE LAND PLAN. IS THAT STILL IN USE? IT'S, IT WAS RIGHT THERE. THE LAGOON IS IN THE BACK THERE. IT'S IN THE BACK. THERE ARE LAGOONS HERE AND HERE. I THINK THIS MAP MIGHT ACTUALLY BE A, BUT VIRGINIA SPACE DOESN'T OWN THOSE LAGOON. VIRGINIA SPACE DOESN'T OWN THIS. AND I HOPE THAT I WAS, I HOPE THAT I DREW THIS CORRECTLY. I THINK THAT THESE LAGOONS MIGHT ACTUALLY BE ASSOCIATED WITH THAT. SO YOU'LL GET THAT STRAIGHTFORWARD 23RD. I'LL GET THAT STRAIGHT. RIGHT. SO HERE I ACTUALLY DRAW IT AROUND THESE LAGOONS HERE. AND THEN THE OTHER QUESTION IS, FROM A SAFETY STANDPOINT, DIDN'T THE CLAM PLANT HAVE AMMONIA REFRIGERATION SYSTEMS IN ITS FACILITY, WHICH WOULD ARGUABLY BE MORE DANGEROUS THAN EXPLOSIVES? I DON'T HAVE ANY KNOWLEDGE ABOUT THE, THE PREVIOUS USE OF THIS BUILDING, OTHER THAN IT USED TO BE A CLAM PLANT. I DON'T HAVE, I DON'T HAVE SPECIFIC KNOWLEDGE OF, YOU KNOW, DID THEY USE AMMONIA FOR, UM, FOR, FOR COOLING OR WHAT HAVE FOR REFRIGERATION? I, I DON'T KNOW. THEY DID. I MEAN, SOMEBODY ELSE MIGHT HERE, MIGHT KNOW THE SEAFOOD PLANT. THEY WOULDN'T. THEY DID. THEY DID. THEY DID CHO CLAMS AND CLAM STRIPS, SO THEY FROZE REFRIGERATED. IT WOULD BE INTERESTING TO ME TO KNOW IF THEY DID USE AMMONIA REFRIGERATION, BECAUSE IF THEY'RE GOING TO DO SOMETHING THAT'S HAZARDOUS, I WOULD ARGUE THAT THE [01:20:01] AMMONIA REFRIGERATION IS AN EXTREMELY TOXIC PROBLEM IF SOMETHING GOES WRONG FOR THE SCHOOL, AND IT ALWAYS HAS BEEN. OKAY. MM-HMM . AND, AND THOSE HOMES ARE NOT THAT FAR AWAY EITHER. THEY'RE THE HOMES RIGHT DOWN DOWN THAT STREET. YEAH. THAT'S TREY REBEL, ISN'T IT? TRAY RUBBLE LIVES THERE. YEAH. YOU DON'T WANT ARGUE TWO TOO. I, THE QUESTION I HAVE, AND, UH, COMMISSIONER ROGERS AND I WAS TALKING, IT'S NOT FAR FROM, UH, WALLACE ISLAND, WHERE THE OTHER ONE THEY'RE ASKING ABOUT, IS IT SOMEWHERE THAT THEY'RE TRYING TO UTILIZE THOSE IN CONJUNCTION TO ONE ANOTHER? BECAUSE I MEAN, FOR LIKE THAT, AS LARGE AS THAT BUILDING IS SOME TYPE OF WORKSPACE OR SOME TYPE OF, YOU KNOW, DOING SOME TYPE OF SPACE ORIENTED. SO I HAVE HEARD THE PROPOSED USE OF THIS BUILDING DESCRIBED IN THE FOLLOWING MANNER. IT'S ESSENTIALLY, IT COULD ESSENTIALLY BE AN ON RAMP FOR A TEMPORARY ON RAMP FOR AEROSPACE COMPANIES TO LOCATE IN HERE. MM-HMM . THIS BUILDING IS DECEPTIVELY SMALL ON THE OUTSIDE, BUT WHEN YOU GET INSIDE, IT'S HUGE. MM-HMM . NOW WITH THAT BEING SAID, UM, VIRGINIA SPACE WILL OWN THE BUILDING. THEY'LL BE THE PRIMARY USER. IF A, IF AN AEROSPACE COMPANY NEEDS A FEW THOUSAND SQUARE FEET JUST TO BEGIN OPERATIONS HERE AT MACK NEAR THE, NEAR THE, UM, NEAR THE LAUNCH SITE, THEN THIS IS ONE POSSIBILITY. MM-HMM . UM, VIRGINIA SPACE CURRENTLY OCCUPIES A BUILDING NORTH OF HERE INTO THE WEST OF ROUTE 13. UM, AND THEY WANNA MOVE OUT OF THAT BUILDING AND MOVE INTO THIS BUILDING, BUT THEY CAN'T USE ALL OF THE BUILDING. I ALSO UNDERSTAND THAT THEY WANNA DO A CONFERENCE CENTER HERE. OKAY. SO THAT'S ONE, THAT'S ONE POTENTIAL USE, BUT, UH, BUT YOU KNOW, THEY COULD DO EVERYTHING IN HERE FROM ASSEMBLY TO LIMITED PAYLOAD PROCESSING. I DON'T WANNA SPEAK TOO MUCH INTO THE PROPOSED USE. I HAVE MUCH RATHER VIRGINIA SPACE, UH, ADDRESS YOU DIRECTLY ON THAT NOTE. BUT THOSE ARE JUST SOME OF THE POSSIBILITIES. NOW, TO ANSWER YOUR QUESTION ABOUT THE, UM, YOU KNOW, IS THERE ANY RELATED USE OR SYNERGY BETWEEN THIS SITE AND THE OTHER SITE? UM, POTENTIALLY, RIGHT? YEAH, POTENTIALLY. BUT, UM, YOU KNOW, TO, TO ACCESS THE, THE, YOU KNOW, TO GET THERE FROM HERE, YOU'D HAVE TO, UH, YOU'D HAVE TO GO DOWN THIS ROAD. I THINK THAT YOU'D HAVE TO DRIVE THROUGH MODEST TOWN ON UP TO GO BACK TO THE LEFT. GO TO THE LEFT. IT'S THE TEMP, THE BACKSIDE OF TEMPLE. WELL, IT TAKES YOU RIGHT OVER TO THE ISLAND. IT TAKES YOU RIGHT OVER TO THE ISLAND. THAT'S RIGHT. MM-HMM . SO, UM, WITH THAT BEING SAID, UM, THIS CONCLUDES THE STAFF'S REMARKS, AND I CAN FIELD ANY FURTHER QUESTIONS. YOU NEED A MOTION ON THAT TOO? I WILL NEED A MOTION ON THAT, SINCE YOU DID A MOTION ON, UM, ON THE, UM, SO YOU NEED TWO MOTIONS, DARBY FARM? NO, I JUST NEED THE ONE BECAUSE YOU, YOU'VE ALREADY SET THE, YOU'VE ALREADY SET A, UH, THE 23RD. THE 23RD. SO WE JUST NEED YOUR AUTHORIZATION TO, UH, ADVERTISE THIS PUBLIC HEARING. IS THERE ANY OTHER DISCUSSION? I MAKE A MOTION THAT STAFF PRESENT THIS PROJECT FOR PUBLIC HEARING ON OCTOBER THE EIGHTH. I SECOND. SECOND. THAT MOTION? OKAY. I GOT MR. TYLER FOR MOTION. AND MR. WHITE FOR SECOND, FOR THE REZONING. UH, 0 0 0 1 4 2 2025 FOUR. OCTOBER 8TH. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED. ALRIGHT, I'M HOPING WE'RE ALMOST DONE HERE. YEAH. UH, BRIEFING ON PROPOSED AMENDMENTS TO AKIMA COUNTY CODE CHAPTER 1 0 6, ZONING TO REGULATE BATTERY ENERGY STORAGE FACILITIES. UH, THANK YOU MADAM CHAIR, MEMBERS OF THE COMMISSION. UH, I'M GONNA PRESENT THESE TOGETHER. HOPEFULLY TRY TO USE THAT, UM, A LITTLE, USE THAT TIME A LITTLE BIT MORE FOR THESE TWO ITEMS. I WILL NOT BE REQUESTING ANY PUBLIC HEARINGS OR WORK SESSION. UH, THIS IS JUST AN INTRODUCTION ABOUT TWO MONTHS IN ADVANCE. UH, AS YOU ALREADY CAN SEE, YOUR OCTOBER IS GOING TO BE QUITE BUSY WITH THREE PUBLIC HEARINGS. BUT, UM, UH, BECAUSE THE BOARD OF SUPERVISORS HAS, HAS, UH, PROVIDED OR HAS PASSED RESOLUTIONS TO INITIATE THE ZONING ORDINANCE, I JUST WANTED TO GO AHEAD AND PUT THIS ON YOUR RADAR SCREEN. NOW, THIS IS NOT FOR, UH, NOT FOR ANYTHING FOR THE WORK SESSION AND NOT ANYTHING FOR OCTOBER. THE, THE SOONEST THAT WE WOULD GIVE YOU A PRESENTATION ON THIS WOULD BE NOVEMBER. IN ANY CASE, TWO ORDINANCE AMENDMENTS, ONE FOR BATTERY ENERGY STORAGE SYSTEMS, AND THE OTHER ONE FOR THE [01:25:01] CHESAPEAKE BAY, UM, UH, PRESERVATION ACT. AND, UH, THEY ESSENTIALLY GO AS FOLLOWS. THE FIRST ONE, WE WANT TO ADD PROVISIONS TO REGULATE BATTERY ENERGY STORAGE SYSTEMS. WE'VE RECEIVED MULTIPLE INQUIRIES ON DOING THESE. SO BASICALLY WHAT THESE BATTERY ENERGY STORAGE SYSTEMS DO, UM, THEY COLLECT AND THEY, AND THEY STORE ENERGY DURING, UH, DURING LOW PERIODS OF USE. AND THEN WHEN THE, UM, I GUESS WHEN THE, WHEN THE USAGE NEEDS TO BE EVENED OUT, NEED TO BE SUPPLEMENTED, THOSE SYSTEMS WILL DISCHARGE ENERGY INTO THE GRID AND, AND, UM, AND, UH, INCREASE THE SUPPLY OF THAT ENERGY. MM-HMM . UM, WE'VE RECEIVED THREE, THREE OR FOUR IN THE PAST FEW MONTHS. IF YOU RECALL, LAST SUMMER IN 2024, THERE WAS ONE APPLICANT WHO HAD, UH, APPLIED FOR A REZONING, AND WE ADVERTISED THE REZONING. UM, THERE WAS A, THERE WAS A LOT OF PUSHBACK FROM THE, UH, FROM THE NEIGHBORS. AND THIS IS IN HAMS. AND, UM, AND, UH, THE ROOM WAS FULL. WE HAD A COUPLE MEMBERS OF THE BOARD OF SUPERVISORS, THEY HAD ACTUALLY WITHDRAWN THEIR APPLICATION THAT FRIDAY AFTERNOON BEFORE THE PUBLIC HEARING. BUT THE FOLKS STILL SHOWED UP. AND, UM, UH, I THINK THAT WHEN THEY WERE READING, WHEN THEY WERE, UH, READING THE SITUATION, WE ADVISED THEM TO WITHDRAW THEIR APPLICATION AND SOME, AND, AND TO TAKE THEIR TIME TO SUBMIT A BETTER ONE. 'CAUSE THEY HAD DONE NO PUBLIC PARTICIPATION. THEY HADN'T DONE ANYTHING. I DON'T WANT TO, I DON'T WANT TO BELABOR THE POINT ON THAT APPLICATION, BUT WHAT THAT HIGHLIGHTED WAS THE NEED FOR BETTER REGULATION. IF WE'RE GOING TO BE SEEING THESE MORE OFTEN IN THE FUTURE, THEN THE BOARD OF SUPERVISORS IS SEEN FIT TO, UH, TO SUGGEST A, UH, AN ORDINANCE AMENDMENT THAT WOULD REGULATE THESE. YOU'RE TALKING ABOUT THE, UH, THE PROCESS WE WENT THROUGH IN WATVILLE. THAT'S JUPITER, THAT'S JUPITER SCOUT ENERGY. THAT WAS BAD. THAT IS A BATTERY ENERGY STORAGE SYSTEM. YES. I, I WILL SAY, I WILL MENTION THAT THE APPLICANTS FOR THAT REZONING LAST YEAR HAVE PURCHASED THIS PROJECT. AND, AND, UM, CHANTE AND I WILL ACTUALLY BE, UH, MEETING WITH THEM VIRTUALLY TO ANSWER THEIR QUESTIONS AND TO EXPLAIN PROCESS FROM HERE ON OUT. BUT, UH, FOR JUPITER SCOUT ENERGY, THOSE ENTITLEMENTS HAVE ALREADY BEEN, YOU KNOW, YOU'VE ALREADY, YOU'VE ALREADY REZONED THE PROPERTY. YOU'VE ALREADY APPROVED A CONDITIONAL USE PERMIT. WHAT THEY HAVE TO DO NEXT IS TO SUBMIT CONSTRUCTION PLANS AND BUILDING PERMITS AND THAT KIND OF THING TO MOVE FORWARD. SO I'VE BEEN, YOU KNOW, UH, YOU'VE BEEN ASKING A LOT. I THINK THAT, UH, MR. HICKMAN WAS ALSO ASKING A LOT, WELL, WHAT'S HAPPENED WITH JUPITER SCOUT ENERGY? YEAH. THIS IS WHAT'S HAPPENING WITH JUPITER SCOUT ENERGY. THEY'RE, THEY'RE, THEY'RE ENTERING THE NEXT PHASE OF CONSTRUCTION. AND, UH, AND AS, AS A, UH, AS A FOLLOW UP, WE'RE, WE'RE ALSO LOOKING AT HOW TO REGULATE THESE A LITTLE BIT BETTER. BECAUSE IF YOU RECALL FROM YOUR PROCESS BEFORE, THERE WERE NO REGULATIONS. YOU HAD TO, YOU HAD TO GET, THERE WAS NO, THEY HAD THE ISSUES AND ALL KINDS OF THINGS. YEAH. THAT'S WHERE THEY HAD THE BUY RIGHT USE. IF THEY DIDN'T BUILD THE BATTERY PLANT, THEY COULD PUT A RACETRACK IN THERE. YEAH. BUY RIGHT USE. WELL, I GOT THE, THIS WAS A, I REMEMBER THE GENTLEMAN THAT SHE REPLACED THE, WHAT WAS HIS NAME? HICKMAN. HICKMAN TOLD ME THAT, UH, IT WAS A COLOSSAL BUSINESS MISTAKE THAT THEY HAD PURCHASED THE LAND, YOU KNOW, WHERE I'M TALKING ABOUT, RIGHT ACROSS FROM THE SUBSTATION THERE. AND NO ONE EVER TALKED TO AT, AND OCK BEGAN TO VIEW THEM AS A COMPETITOR RATHER THAN, UH, A PARTNER. AND THE NEGOTIATIONS FELL THROUGH, AND THAT'S WHY WE'RE STILL PLANTING CORN OVER THERE. BUT, UH, SO EVIDENTLY THEY'VE SMOOTHED THIS OVER WITH OCK. SO, UM, THEY ABSOLUTELY HAVE TO BE INVOLVED IN THAT PROCESS. UH, WE, WE APPROVED A SMALL ONE IN TASI, AND WE, WE, WE SAID THAT WE ARE NOT APPROVING THIS UNTIL YOU GET SOME SORT OF, UH, SOME SORT OF, UH, INPUT AND CONSENT FROM ANAC. AND THEY DID THAT, AND THEY DID THAT. AND THAT NEEDS TO BE WRITTEN INTO, UH, THAT NEEDS TO BE WRITTEN INTO THE, UH, UH, THAT NEEDS TO BE WRITTEN INTO THE ORDINANCE THAT, THAT, THAT THEY'VE GOT TO, THAT THEY'VE GOT TO INVOLVE OTHER STAKEHOLDERS, BUT THEN ALSO TO CONSIDER THE THINGS THAT YOU'RE TALKING ABOUT. UM, NOISE, VIBRATION, LIGHT EMISSIONS, UM, THE FIRE AND, AND THE FIRE AND, AND, AND MAKING AND SETTING UP A, UH, UH, A FIRE TRAINING PROGRAM FOR THE VOLUNTEER FIRE COMPANIES THAT WOULD HAVE TO RESPOND TO A LITHIUM FIRE. YEAH. SO AGAIN, [01:30:01] THIS IS NOT, YOU KNOW, TONIGHT'S PRESENTATION OR BRIEFING IS NOT AN OVERALL, IT'S JUST TO INTRODUCE TO YOU THE, UM, THE ORDINANCE AMENDMENT, AND WE'LL, WE'LL COME BACK TO YOU LATER WITH MORE DETAILED INFORMATION. I THINK THAT THE BEST THAT WE COULD DO IS TO PROVIDE, TO PROVIDE SOME SORT OF WRITTEN, UH, EXPLANATION IN YOUR OCTOBER PACKET. BUT WE DON'T SAY ANYTHING ABOUT THAT. AND THEN WE ACTUALLY COME BACK TO THAT IN, UM, IN NOVEMBER. BUT FOR RIGHT NOW, WE ARE, UM, WE ARE, UH, UH, UM, COORDINATING COMMENTS WITH THE COUNTY ATTORNEY'S OFFICE WHO HAS PROVIDED SOME DRAFT LANGUAGE. AND WE'RE, AND THE STAFF IS GOING TO TWEAK THAT, AND THEN WE'LL PROVIDE THAT LANGUAGE TO YOU ALONG WITH SOME, UH, SOME RATIONALE, UH, IN THAT REPORT, OR IN THAT NOVEMBER PRESENTATION, IN THAT NOVEMBER PRESENTATION, THAT'S WHEN WE WOULD PROBABLY ASK FOR A PUBLIC HEARING AT THAT TIME. THE, UM, THE NEXT ONE IS THE, UM, IS THE CHESAPEAKE, UH, WELL, IT CONCERNS KAPPA, BUT IT'S FOR THE CHESAPEAKE BAY PRESERVATION ACT. UH, RECENT STATE LAW CHANGES HAVE REQUIRED LOCALITIES TO, UH, TO PUT IN, UH, RESILIENCE STANDARDS. SO, UM, THERE ARE MANDATORY RESILIENCE STANDARDS THAT ARE BEING HANDED DOWN FROM THE STATE. WHAT WE'RE PROPOSING IS THAT WE JUST INSERT THAT LANGUAGE RIGHT INTO OUR ORDINANCE SO THAT THERE AREN'T ANY, UM, ANY CONFLICTS THERE. AND OF COURSE, WE'RE GOING TO BE, UH, COORDINATING WITH THE COUNTY ATTORNEY ON THAT, SINCE THIS IS ESSENTIALLY A MANDATE. WE'RE JUST CON THE STAFF IS CONSIDERING THIS A HOUSEKEEPING ITEM, WE'RE PROBABLY NOT GONNA DO TOO MUCH TWEAKING OF THE LANGUAGE. IT'LL PROBABLY MIRROR, UH, STATE CODE, UH, JUST AS CLOSELY AS POSSIBLE. AND, UH, WITH THAT BEING SAID, AGAIN, THIS IS JUST A, THIS IS JUST TO PUT THIS ON YOUR RADAR SCREEN. WE DON'T HAVE THE LANGUAGE, WE DIDN'T PUT THAT IN YOUR PACKET, BUT WE'LL DO THE SAME THING THAT WE DID FOR THAT, UH, THAT I HAD MENTIONED FOR THE BATTERY STORAGE SYSTEM, THAT WE CAN PROVIDE YOU WITH A WRITTEN, UH, A WRITTEN REPORT. PUT THAT IN YOUR OCTOBER PACKET JUST FOR YOUR, JUST FOR YOUR, UH, STUDY. AND THEN, AND THEN WE WILL, UH, DO A VERBAL PRESENTATION IN, IN NOVEMBER. WITH REGARDS TO BOTH AMENDMENTS, AGAIN, THE BOARD OF SUPERVISORS, THEY'VE PASSED INITIATING RESOLUTIONS AND HAVE ASKED THE PLANNING COMMISSION TO DO THIS. WE ARE NOT REQUESTING PUBLIC HEARINGS AT THIS TIME. AND, UM, YOU KNOW, UH, AS I HAD JUST MENTIONED, WE'LL PROVIDE YOU WRITTEN BRIEFS IN OCTOBER FOR BOTH OF THESE, AND WE'LL GIVE YOU A FULL PRESENTATION IN NOVEMBER. WE'LL CONTINUE TO MEET WITH THE COUNTY ATTORNEY ON BOTH OF THESE, AND THEN ONCE WE FINALIZE THAT DRAFT LANGUAGE, WE'LL PUT THAT IN YOUR PACKET AND READY FOR DISCUSSION. WITH THAT BEING SAID, THAT CONCLUDES MY PRESENTATION, AND I CAN TRY TO FIELD ANY QUESTIONS AT THIS TIME. ANY QUESTIONS? THIS IS BASICALLY INFORMATIONAL ONLY. I DON'T NEED ANY ACTION. I DON'T NEED ANY MOTIONS ON THESE TWO. DO YOU WANNA MOVE ON? STAFF REPORT? OKAY. UM, YEAH, FOR THE STAFF REPORTS FOR THE SUBDIVISION AGENT, WE HAVE NOT RECEIVED ANY MAJOR SUBDIVISIONS. THE BIGGEST ONES THAT WE'RE WORKING ON ARE BOTH OF MR. CARBAUGH APPLICATIONS. UM, WE WILL START TURNING TWO ON DUNCAN MANOR, GIVEN YOUR RECOMMENDATION FOR APPROVAL. AND, UM, AND, UH, WE ALSO CONTINUE TO WORK WITH HIM ON COASTAL SQUARE IN RESIDENCES. IN ANY CASE, WE DON'T HAVE ANYTHING ELSE IN TERMS OF LARGE SUBDIVISIONS REQUIRING YOUR ATTENTION FOR THE ZONING ADMINISTRATOR. UM, UH, THE BOARD OF ZONING APPEALS HELD FIVE PUBLIC HEARINGS AT THEIR MEETING LAST WEEK, AND THEY WERE ALL SPECIAL USE PERMITS. THREE OF 'EM WERE DEFERRED. TWO OF 'EM INVOLVED MULTIPLE RVS ON INDIVIDUAL SITES, SO THEY WERE DEFERRED IN ORDER TO GET, UM, IN ORDER TO GET ADDITIONAL INFORMATION AND TO, UH, AND TO, UH, UM, GET MORE ATTENDANCE ON THE BOARD FROM THAT. THEY HAD THREE, THE CHAIR WANTED TO GET, UH, WANTED, UM, WANTED, UH, YOU KNOW, AS MUCH OF A FULL BOARD AS WE COULD GET. AS YOU KNOW, THE CHAIR OF THE BOARD OF ZONING APPEALS, BETTY KERNS, HAS RESIGNED AND HAS MOVED OUTTA STATE. SO THE BOARD OF ZONING APPEALS IS DOWN FROM FIVE MEMBERS TO ONLY FOUR. GARY MILLER, WHO IS THE VICE CHAIR, IS NOW THE ACTING CHAIR VZA IS SCHEDULED TO HOLD, UM, SEVEN PUBLIC HEARINGS NEXT, UM, NEXT MONTH ON WEDNESDAY, OCTOBER 1ST. AND, UM, AND, UH, UH, WE DIDN'T HAVE THAT INFORMATION IN YOUR PACKET, BUT AS YOU CAN SEE HERE, UH, FOUR SPECIAL USE PERMITS AND THREE VARIANCES. THIS INFORMATION IS UPDATED ON BOARD DOCKS FOR YOUR, UM, FOR YOUR, UH, UH, STUDY FOR THE DEPUTY COUNTY ADMINISTRATOR. I'M GONNA JUST COVER A COUPLE OF THINGS. I'M GONNA COVER STAFFING LEVELS, AND I'M GONNA COVER [01:35:01] THE COMPREHENSIVE PLAN FOR STAFFING. UM, I WILL BE HOLDING INTERVIEWS FOR THE ENVIRONMENTAL PLANNER NEXT WEEK. WE HAVE THREE APPLICANTS THAT WE'RE GONNA BE INTERVIEWING, AND THEY WILL BE SUCCEEDING. UH, UH, BETH NUNLEY, WHO MOST RECENTLY HELD THAT POSITION, AND THIS POSITION'S BEEN VACANT SINCE THE END OF JANUARY. SECONDLY, THE ENVIRONMENTAL PERMIT SPECIALIST, UH, POSITION IS NOW VACANT, UM, THAT HAS BEEN VACATED BY, UH, JULIE FLOYD. SHE IS NO LONGER WITH THE COUNTY, AND WE STILL HAVE TWO BUILDING INSPECTOR POSITIONS OPEN, AND THEY ARE CURRENTLY ADVERTISED FOR THE COMPREHENSIVE PLAN. WE HAVE FINALLY RELEASED THAT, UH, REQUEST FOR PROPOSAL, AND WE DID THAT, UM, TWO WEEKS AGO. WE'VE RECEIVED ONE QUESTION SO FAR, AND, UH, THAT WAS WITH REGARDS TO THE BUDGET. UH, WE HAVE $180,000 AVAILABLE FOR THAT ACTIVITY. WE'RE GOING TO POST THAT ANSWER ON THE WEBSITE, AND THE RFP WILL BE CLOSING ON OCTOBER 10TH, AFTER OCTOBER 10TH AT FIVE O'CLOCK. THAT'S A FRIDAY. THE STAFF WILL TAKE A LOOK AT ALL OF THE APPLICATION OR ALL OF THE, UM, PROPOSALS THAT HAVE BEEN SUBMITTED FROM THE DIFFERENT CONSULTANTS. WE'LL EVALUATE THOSE. WE'LL MAKE A CUT, AND THEN WE WILL, UM, AND THEN WE WILL, UH, UH, HOPEFULLY INTERVIEW THE REMAINDER OF THEM, BUT WE DON'T ANTICIPATE MAKING A, UH, UH, MAKING A DECISION ON THAT UNTIL, UH, PROBABLY THE BEGINNING TO THE MIDDLE OF NOVEMBER. WITH THAT BEING SAID, THE, THE, UH, I THINK THAT A REASONABLE START TIME FOR THAT WOULD BE THE, THE MIDDLE OF THE FIRST QUARTER OF 2026, SO TOWARDS THE END OF JANUARY AND THE BEGINNING OF FEBRUARY FOR, UM, YOU KNOW, FOR, FOR GETTING STARTED THERE. SO IF YOU GO TO BOARD DOCS, THE RFP, THERE'S A LINK TO THE RFP ON BOARD DOCS. UH, WE INVITE YOU TO TAKE A LOOK AT THAT, BUT, UH, WE'VE ALREADY STARTED TO RECEIVE QUESTIONS, AND WE'VE ALREADY STARTED TO RECEIVE INTEREST. I KNOW THAT, UM, UH, I BELIEVE THAT THE TOWN OF A C**K IS, HAS JUST, UH, I THINK THEY EITHER JUST FINISHED OR THEY'RE UNDERGOING A COMPREHENSIVE PLAN REVIEW. AND I THINK THAT, UM, NORTHAMPTON COUNTY IS ALSO, UH, UH, CONSIDERING THAT AS WELL. THAT CONCLUDES MY COMMENTS ON THE STAFF REPORT, AND I CAN, UH, TRY TO ANSWER ANY QUESTIONS YOU HAVE. ANY QUESTIONS? I JUST WANTED TO MAKE A COMMENT OF A THOUGHT I HAD, YOU KNOW, OVER THE YEARS, WE HAD A HOUSING PROJECT DOWN HERE BY THE STATE POLICE BARRACKS, AND WE HAD THE HOUSING PROJECT UP THERE, CAPTAIN'S COVE AND STATE LINE ROAD, AND WE HAD THE BATTERY STORAGE FACILITY. AND THEN, UH, THERE WAS ANOTHER PROPO, UH, HOUSING PROPOSED RIGHT THERE NEXT TO THE HOSPITAL. IT NEVER MADE IT TO US, BUT THERE ARE ALL THESE PROJECTS THAT NONE OF 'EM ARE COM OR EVEN STARTED OR COMPLETED, OR THE ONE DOWN THERE AT THE STATE POLICE WAS DROPPED. AND I JUST WONDER, YOU KNOW, WE DO ALL THIS WORK AND MAKE ALL THIS EFFORT, AND IT SEEMS AS IF THE PERCENTAGE OF STUFF THAT GOES BEFORE US AND THE STUFF THAT GETS DONE IS NOT TOO GOOD. I WOULD SAY THAT THAT'S ON THE, ON THE APPLICANTS AND THE DEVELOPERS THEMSELVES TO PUSH THEIR PROJECTS THROUGH THE PLANNING COMMISSION WITH, UH, WITH ITS RECOMMENDATIONS, THE BOARD OF SUPERVISORS WITH THEIR DECISIONS, THE STAFF, WITH THEIR ANALYSIS. WE ALL HAVE A ROLE TO PLAY IN THE DEVELOPMENT PROCESS, BUT WE'RE NOT THE ONES WITH THE MONEY. WE'RE NOT THE ONES THAT ARE, THAT ARE PUTTING THE RESOURCES ON THE LINE. ALL WE'RE SAYING IS THAT YOU ARE, THAT, THAT YOU'RE LEGAL, THAT YOU'RE ABLE TO PROCEED PER OUR, UH, PER OUR PROCESSES, PER OUR ORDINANCES AND LAWS. UM, THERE, UH, UNDERSTANDABLY, THERE IS SOME, UM, UH, YOU KNOW, UH, PEOPLE CAN QUITE FRANKLY, GET A LITTLE BIT IMPATIENT WITH THE, WITH THE LEVEL OF WORK THAT WE DO. AND THERE ISN'T, UM, THERE ISN'T A GOOD TRACK RECORD OF FOLLOW THROUGH BY THE DEVELOPERS OR THE, UH, OR THE APPLICANTS FOR WHATEVER REASON. UH, WHETHER IT'S THE HOUSING BUBBLE BURSTING IN 2007, 2008, OR WHETHER COVID HAS PUT A HALT TO SOME ACTIVITIES AND HAS REALLY PUT A, UH, HAS REALLY PUT A KINK IN THAT SUPPLY CHAIN FOR MATERIALS AND FOR, UH, FOR, FOR LABOR. SO WE HAVE VERY LITTLE CONTROL OVER THOSE, OVER THOSE ASPECTS. BUT WHAT I CAN SAY IS THAT ACK COUNTY [01:40:02] DOES ITS PART BY REVIEWING THESE APPLICATIONS AND MAKING DECISIONS ON THEM, UH, WITH REGARD AND, UH, WITH REGARDS TO, OKAY, SORRY, THOSE, AT LEAST TWO OF THOSE, UH, UH, TWO OF THOSE, UM, UH, EXAMPLES THAT YOU CITED. UH, COMMISSIONER GALE, WE ACTUALLY RECEIVED IT. WE, OR FIELDED AN INQUIRY ABOUT THE PARCEL NEXT TO THE STATE POLICE, UH, BARRACKS. AND WE ARE ALSO IN DISCUSSIONS WITH THE MARINER HASTINGS, UH, UH, DEVELOPER ABOUT HIS PROJECT. SO IF YOU RECALL LAST YEAR, WE, WE EXTENDED HIS CONDITIONAL USE PERMIT FOR ANOTHER TWO YEARS. SO ALTHOUGH HE WASN'T ABLE TO MOVE ON HIS PROJECT, HE'S STILL KEEPING A LITTLE BIT OF HEAT ON IT AND COMING TO US WITH QUESTIONS AND JUST INDICATING THAT HE'S STILL INTERESTED IN DOING SOMETHING UP THERE. I DON'T THINK THAT IT WOULD BETRAY ANY CONFIDENCE TO SAY THAT, BECAUSE HE DID COME IN LAST YEAR FOR AN EXTENSION OF HIS CONDITIONAL USE PERMIT. IT IS KIND OF A HIT AND MISS THING FOR US. WE'RE BATTING A THOUSAND BECAUSE WE DO WHAT WE'RE SUPPOSED TO DO BY REVIEWING AND, AND, UH, AND, UH, ANALYZING THESE APPLICATIONS. IT'S ULTIMATELY UP TO THE DEVELOPERS. THEY'RE THE ONES WITH THE, THEY'RE THE ONES WHO ARE PUTTING THE RESOURCES THAT ARE MAKING THINGS HAPPEN. MARINER HASTINGS STILL IN COURT, OR IS THAT OUT OF COURT YET? IT'S MY UNDERSTANDING THE MARINER HASTINGS IS OUT OF COURT, AND IT'S BEEN DECIDED ON IN FAVOR OF MARINER HASTINGS. OKAY. YEAH. WE APPLAUD YOU AND YOUR STAFF FOR BRINGING BEFORE US ALL THE PERTINENT INFORMATION SO THAT WE CAN ACT UPON IT. PLANNING IS, FOR THE MOST OF US, UNDERSTANDABLY, IS NOT JUST DAY AND NIGHT, IT'S ONGOING. 'CAUSE YOU GOT PEOPLE TO DEAL WITH. WE GOT PEOPLE TO DEAL WITH. UM, I THINK THAT THE, THE MOST DIFFICULT THING THAT WHAT WE DO AS APPOINTED OFFICIALS SUCH AS YOURSELVES, AS FULL-TIME EMPLOYEES AND STAFF AS ELECTED OFFICIALS, LIKE THE BOARD OF SUPERVISORS, IS THAT BALANCING OF INTERESTS, RIGHT? BECAUSE, UM, YOU KNOW, UH, PROPERTY OWNERS, THEY'VE GOT RIGHTS TO, AND, UM, BUT THEY'VE, BUT THOSE DECISIONS HAVE TO BE MADE WITHIN THE CONTEXT OF OUR ORDINANCES IN, IN THE, IN OUR STRATEGIC DOCUMENTS, LIKE THE COMPREHENSIVE PLAN, THE BOARD OF SUPERVISORS STRATEGIC PRIORITIES AND LEGISLATIVE PRIORITIES. MM-HMM . SO, UM, YOU ALL HAVE SEEN IT. YOU ALL HAVE BEEN HERE, UH, DOING THIS FOR A LONG TIME, AND YOU SEE THE INTERESTS THAT ARE AT WORK THAT BEAR ON A, THAT BEAR ON A SITUATION WHEN THE, WHEN THE NEIGHBORS COME OUT, WHEN WE GET EMAILS AND WE GET PHONE CALLS, WE TURN THAT OVER TO YOU FOR YOUR, UM, YOU KNOW, FOR, FOR YOUR REVIEW. BUT IT'S, UM, IT'S AN INTERESTING LINE OF WORK THAT WE'RE IN. MM-HMM . ALL RIGHT. ANY OTHER COMMENTS? I HAVE ONE QUICK ONE, BUT IN LIGHT OF THE DUNCAN MANOR, WE NEED TO MAYBE LOOK AT THE BUSINESS ZONING AND EITHER TAKE OUT THE RESIDENTIAL OR ADD IN, UM, LOT SIZES, WHATEVER MAKES IT EASIER. I KNOW WE'VE COME ACROSS IT BEFORE WITH, UH, THE AIR CONDITIONER GUY. HE HAD A TRAILER ON HIS LOT AND WE MADE BUSINESS, WE MADE HIM MOVE THE, UM, RESIDENTIAL OFF TO HAVE BUSINESS. SO THAT MIGHT BE SOMETHING WE LOOK INTO. I AGREE. YEAH. WE NEVER REALLY HAD A HOUSING DEVELOPMENT IN BUSINESS BEFORE. HAVE MR. THERE'S ONE THERE, THERE THERE'S ONE. THERE IS THE JOHN CUSTI DEVELOPMENT OVER BEHIND THE OLD SHORE OF SHORE BANK HEADQUARTERS. THAT WAS, THAT WAS REVIEWED BY THE BOARD OF ZONING. APPEALS DID NOT ENTAIL A, UH, IT DID NOT ENTAIL A SUBDIVISION, BUT BECAUSE IN THE ORDINANCE IT SAYS SINGLE FAMILY D IT SAYS RESIDENTIAL USES, INCLUDING SINGLE FAMILY DWELLINGS, NOT AS AN ACCESSORY USE. UM, OUR HANDS ARE KIND OF TIED IN THAT REGARD BECAUSE IT SAYS IT RIGHT THERE IN BLACK AND WHITE SINGLE FAMILY DWELLINGS ARE ALLOWED IN THE BUSINESS DISTRICT. I WILL SAY THAT, YOU KNOW, WITH MY TRAVELS ACROSS THE STATE AND, AND, UM, AND, AND THERE'S MANY DIFFERENT, UH, UH, LOCALITIES THAT I'VE STUDIED AND THAT I'VE WORKED FOR, I'VE NEVER SEEN THAT PROVISION FOR SINGLE FAMILY DWELLINGS IN THE, IN A BUSINESS DISTRICT. AND I AGREE WITH YOU, UH, MADAM CHAIR, THAT IT NEEDS TO BE, UH, RECONSIDERED AND LOOKED AT HOPEFULLY FOR REMOVAL FROM THE ORDINANCE, BECAUSE IT, IT CREATES A GRAY AREA IN THAT REGARD. REMOVAL WILL BE SUPER EASY. MM-HMM . YEAH. SO I DON'T KNOW HOW WE MOVE FORWARD ON THAT OR, UM, AS PART OF THIS, UH, YOU KNOW, WE, WE CAN OFFER UP A MEMO FOR YOU ALL TO CONSIDER. AND, UH, AND THAT COULD BE A RECOMMENDATION TO THE BOARD OF SUPERVISORS THAT THEY, UH, THAT THEY [01:45:01] INITIATE A ZONING ORDINANCE AMENDMENT TO, TO REMOVE THAT. I DON'T KNOW IF THE OTHER COMMISSIONERS ARE ON THE SAME PAGE. UM, YEAH, I GET IT. I GET IT. WE ALL TALK ABOUT IT. ALL RIGHT. WE CAN START WITH A MEMO THAT, OKAY. THAT KIND OF OUTLINES THE ISSUE. ALL RIGHT. OKAY. NOW OUR COMMENTS, UH, OUR NEXT MEETING IS, IS IT SEPTEMBER 23RD? IT'S 6:00 PM HERE. IS THAT THE CORRECT TIME? IS IT THIS, THIS, THIS ROOM HERE IN THIS ROOM? YES, MA'AM. ALL RIGHT. WE HAVE NO OTHER QUESTIONS OR COMMENTS. I, UH, GET A MOTION TO, UH, I MAKE A MOTION THAT WE ADJOURN. ALL RIGHT. I MOTION. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.