* 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. COMMISSION ORDER. WE [00:00:01] HAVE A QUORUM WITH [Planning Commission Regular Meeting on August 12, 2026.] MR. GALE. MR. TYLER, AND I THINK MR. ROGERS IS ABSENT. I'D LIKE TO, UH, DO WE HAVE ANY CHANGES TO THE AGENDA? MADAM CHAIR? I'D LIKE TO REQUEST ONE CHANGE IF IT WOULD PLEASE THE, UH, COMMISSION. I'D LIKE TO MOVE NUMBER SEVEN, PUBLIC HEARINGS TO NUMBER FIVE, JUST BEFORE OLD BUSINESS. JUST TO GO AHEAD AND GET THAT OUT OF THE WAY. ALL RIGHT. I GET A MOTION TO ADOPT THE, ADOPT THE AGENDA WITH THE CHANGE OF MOVING THE PUBLIC HEARING AFTER THE PUBLIC COMMENT PERIOD. SO, MOVE. AND A SECOND. SECOND. MOTION. AND SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? ALL RIGHT. WE CAN MOVE ON TO THE MINUTES OF JUNE 10TH. DOES ANYBODY HAVE ANY CORRECTIONS? I HAVE NONE. MOTION TO ACCEPT. I HAVE A MOTION TO ACCEPT. SECOND AND SECOND. ALL IN FAVOR SAY AYE. AYE. OPPOSED? ALL CAN. DOES ANYBODY HAVE ANY CHANGES TO JULY 8TH? UH, MEETING MINUTES OR CORRECTIONS? I DON'T MOTION TO ACCEPT AS WRITTEN. MOTION TO. I'LL SECOND MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? WE CAN MOVE ON TO PUBLIC COMMENT. PERIOD. WE HAVE SUSAN MA MASTO, I'M SORRY IF I MESSED THAT UP. NO, THAT'S FINE. COME UP AND STATE YOUR NAME AND WHERE YOU LIVE. SURE. AND YOU HAVE FOUR MINUTES AND I'LL GIVE YOU A COPY FOR THE RECORD. OKAY. THANK YOU. UM, YES. UM, SUSAN MASTO FROM HARTON, UM, MADAM CHAIRMAN AND MEMBERS OF THE COMMISSION LAST MONTH, THE BOARD OF SUPERVISORS UNANIMOUSLY PASSED A RESOLUTION OPPOSING THE PROPOSED SEABED MINING OFF OF VIRGINIA'S EASTERN SHORE. IN PART DUE TO THE POTENTIAL THREAT TO OUR SEASIDE LAGOONS WITH THE WORLD'S LARGEST SEA GRASS RESTORATION PROJECT, A NASCENT SCALLOP FISHERY, A THRIVING AQUACULTURE INDUSTRY, NESTING SITES FOR SEVERAL AT-RISK SHOREBIRD POPULATIONS, EXCUSE ME, ALONG WITH, OH GOODNESS. ALONG WITH IMPORTANT SPACE EXPLORATION AND TOURISM INDUSTRIES. HOWEVER, DURING THEIR JUNE 17TH MEETING, THE BOARD PASSED A MOTION TO REMOVE THE SEASIDE FROM THE CHESAPEAKE BAY ACT PROTECTIONS. I'M AT A LOSS AS TO HOW THE SAME BOARD CAN RECOGNIZE THE DANGERS TO OUR SEASIDE LAGOONS POSED BY THE SEA SEABED MINING PROPOSAL AND IGNORE THE THREAT TO THOSE SAME SMALL BASE FROM LAND-BASED ACTIVITIES. I'M ENCOURAGED THAT THE BOARD HAS RETURNED THIS ISSUE TO THE PLANNING COMMISSION FOR YOUR REVIEW. BUT I WOULD NOTE ONE THING, NOWHERE IN MR. PAM BID'S SUMMARY IS THERE A MENTION OF A PUBLIC HEARING BEFORE THE COMMISSION MAKES A FINAL RECOMMENDATION TO THE BOARD. THE AUDIO FROM THE JULY 15TH BOARD OF SUPERVISORS MEETING IS CLEAR. SUPERVISOR HART'S MOTION WAS TO, AND I QUOTE, REFER THE CHESAPEAKE BAY PROTECTION ACT AMENDMENT ADOPTED LAST MONTH TO THE PLANNING COMMISSION TO REVIEW THE EFFECTS ON THE SEASIDE WATERSHED AND TO MAKE RECOMMENDATIONS CONCERNING THE SAME AFTER THEY HAVE A PUBLIC HEARING, AFTER WHICH IT WILL COME BACK TO THE BOARD AND QUOTE WILL HAVE A PUBLIC HEARING ON WHAT THOSE RECOMMENDATIONS ARE. AND I LOOK FORWARD TO YOUR DISCUSSION AND TO THE OPPORTUNITY TO WEIGH IN DURING A SCHEDULED PUBLIC HEARING. THANK YOU. ALRIGHT. THANK YOU. UM, PHIL VALIANT, IS THAT, IS THAT CORRECT? I'M SORRY. STATE YOUR NAME, WHERE YOU LIVE AND YOU HAVE FOUR MINUTES. PHILLIP VALIANT, UH, PARKLEY, THE TOMPKIN BAY SPECIFICALLY. UM, COUPLE THINGS BROUGHT ME HERE TONIGHT. UH, OBVIOUSLY THE CHESAPEAKE BAY PRESERVATION ACT. INTERESTED IN LEARNING MORE ABOUT THAT. UM, THE BIGGEST THING FOR ME IS KIND OF AS THE COUNTY MOVES FORWARD WITH THE BERKELEY GROUP AND THE COMPREHENSIVE PLAN IS TO REALLY STRESS THAT IN KIND OF EVALUATING OTHER COUNTIES WHERE PLANS HAVE PUT IN PLACE TO REALLY STRESS, UH, TO THE BOARD HERE, HOW BY RIGHT USES OF PROPERTY CAN CHANGE THE FACE AND CHARACTERS OF COUNTIES IMMENSELY. AND A LOT OF IT KIND OF GOES UNDER THE GUISE OF, YOU KNOW, LET'S PUT ALL THE HOUSES ON THE EDGE OF THE TOWN OR WHATNOT. YOU CAN GO BACK TO MARYLAND, BACK TO SMART GROWTH INITIATIVES, TRYING TO CLUSTER CERTAIN THINGS AROUND X, Y, Z. AND, UH, I GREW UP ON KENT ISLAND, MARYLAND, UH, ABOUT AN HOUR FROM DC HOUR FROM BALTIMORE. FAMILY'S BEEN ON MARYLAND'S EASTERN SHORE SINCE 1690S. I'VE SEEN THE CHANGE THAT COMES ONCE YOU REMOVE BARRIERS TO DEVELOPMENT THAT BRINGS IN SPECULATIVE BIG MONEY REAL ESTATE DEVELOPERS, [00:05:01] THE HOUSES MIGHT BE UNDER THE GUISE OF AFFORDABLE HOUSING, BUT WE DON'T HAVE TO LOOK FAR TO SEE THE CURRENT DEBATE ON THE TOWN'S EDGE DENSITY, UM, INCREASES IN CAPE CHARLES KIND OF COMES SPECIFICALLY FROM WORDING IN, YOU KNOW, BERKELEY'S REWRITE OF THEIR COMPREHENSIVE PLAN TO ALLEGEDLY ALLOW AFFORDABLE HOUSING. AND, YOU KNOW, I THINK WE'RE SEEING THAT THERE'S A LOT OF QUESTIONS. DO WE HAVE THE FIRE TRUCKS? DO WE HAVE THE WATER? LIKE, AND I THINK ALL I REALLY WOULD LOVE TO SEE IN THIS PROCESS, SEEING THAT IT'S BEEN LOCALLY WRITTEN IN THE PAST AS IT'S SORT OF OUTSOURCED. A LOT OF BOILER PLATE MAPS AND ZONING MIGHT CHANGE BY RIGHT USES OF PROPERTIES THAT WILL BRING IN A FLOODGATE OF REAL ESTATE INVESTMENT THAT I DON'T THINK THIS COUNTY HAS SEEN OR IS READY FOR. IF I COULD, YOU KNOW, HAVE A DOLLAR FOR EVERY FARM FIELD THAT'S NOW 400 RYAN HOMES IN THE TOWN I GREW UP IN, I'D HAVE A LOT OF DOLLARS. UM, SO I JUST SAY A LOT OF MAPS, A LOT OF WORDS TO SAY THIS IS AFFORDABLE, THIS IS WHERE THE GROWTH NEEDS TO HAPPEN. BUT ONCE YOU LET A DEVELOPER FROM SALISBURY SAY, I CAN BUILD 20 CHEAP TOWN HOMES HERE. THEY'RE GONNA BUILD 20 MORE AND IT WON'T GO TO PEOPLE IN THIS COUNTY THAT NEED 'EM. PEOPLE WILL MOVE HERE. PEOPLE WILL BUY 'EM, AND EVERY STRESS IN THE INFRASTRUCTURE WILL STILL BE THERE. SO SAYING, MOVING FORWARD WITH A COMPREHENSIVE PLAN, BE AWARE OF ANY MAPS IN THE BUYRIGHT USES THAT WOULD CHANGE. UH, YOU KNOW, YOU GOTTA GO TO DATA CENTERS IN ORANGE, VIRGINIA. IT'S ONE OR ANOTHER. ANY NEW TECH OVERLAY TECH DISTRICT, THIS OR THAT OPENS THE FLOODGATES FOR LARGE INDUSTRIAL KINDA SPECULATIVE REAL ESTATE INVESTMENT. THEY MIGHT NOT BUILD IT THIS YEAR, BUT THEY'RE GONNA BUY IT AND SIT ON IT UNTIL THE LANGUAGE IS KIND OF WORKED OUT. BUT I GUESS I'M JUST STRESSING HERE. THERE'S A DIME A DOZEN OF CASE STUDIES WHERE SOME SEEMINGLY BENIGN LANGUAGE IN THE COMPREHENSIVE PLAN MAKES A DATA CENTER DEVELOPER THINK IT'S THEIR BUY RIGHT TO PUT THIS THING RIGHT NEXT TO PARKLEY. 'CAUSE THERE'S A LITTLE MAP THAT SAYS THESE 10 ACRES ARE FUTURE INDUSTRIAL USE. SO SAY, PAY CLOSE ATTENTION TO ANY LANGUAGE ON, UH, CHANGES AS THAT PLAN'S RECOMMENDED. SO THAT'S ALL I HAVE TO SAY FOR NOW. THANK YOU. ALL RIGHT. THANK YOU. OKAY. IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK AT PUBLIC COMMENT THAT DID NOT SIGN UP? ALL RIGHT. WE'LL CLOSE THE PUBLIC COMMENT PERIOD AND WE CAN MOVE TO THE PUBLIC HEARING. I OPEN PUBLIC HEARING FOR, UH, TO REMOVE PARCEL FROM THE A FD TAX MAP, 77 DASH A DASH 1 32 BY DAVID EVANS, 21 2 20 ADAMS ROAD IN GREEN BUSH. THAT'S RIGHT. UH, HELLO EVERYBODY. UH, FOR THE RECORD, I'M GIN JONES, CODE ENFORCEMENT OFFICER FOR ZONING LO. UM, SO A LITTLE BIT OF A BACKGROUND. THE A, THE, UH, APPLICANT IS MR. DALEY, PROPERTY OWNER IS OF MR. DAVID EVANS AND ZONED AGRICULTURAL FUTURE LAND USE IS AGRICULTURAL. IT'S IN THE GREEN BUSH AG AND FORESTAL DISTRICT. AND JUST SOME BACKGROUND, THE APPLICANT REQUESTS TO REMOVE PART OF A PARCEL FROM THE GREEN BUSH. A FD PROPERTY IS LOCATED AT THE 2 1 2 2 0 ADAMS ROAD NEAR GREEN BUSH. AND THAT'S TAX PARCEL 77 DASH A DASH 1 32. SO THAT'S THE SITE, UH, ZONED AG FUTURE LAND USE FOSSIL AG, UM, NOT IN A FLOOD ZONE, UH, THERE IS RPA ON THE SITE OR ON THE PARCEL, BUT NOT WHERE THE, UH, WHERE THE SITE IS. AND OF COURSE, WHY WE'RE HERE TONIGHT IS, UH, THE A FD DESIGNATION. HERE'S SOME PICTURES. UM, THERE'S, UH, 1.4 ACRES THAT'S GONNA BE TAKEN OUT OF THIS, OUT OF THIS PROPERTY. AND IT'S FOR THE HOUSE. SO THE HOUSE IS GONNA BE SPLIT OFF FROM THE REST OF THE FARM, AND THAT'S KIND OF A VISUAL REPRESENTATION OF WHAT THAT LOOKS LIKE. UM, A FD ORDINANCE CONSIDERATION SINCE WE'VE READ LAST MONTH, THIS IS JUST THE PROCESS OF WITHDRAWAL OF A PARCEL FROM A DISTRICT. AND THEN THIS IS, UH, WE'RE DEALING WITH WHAT WE'RE DEALING WITH TONIGHT. SO I'LL READ THIS INTO THE RECORD. UH, SECTION 11, SUBDIVISION OF A PARCEL LANDLINE WITHIN A DISTRICT SHALL NOT BE SUBDIVIDED DURING THE PERIOD THAT SUCH DISTRICT EXISTS, EXCEPT THAT WITH THE PRIOR APPROVAL OF THE BOARD, LOTS MEANING THE CRITERIA OF VIRGINIA CODE 15.2 DASH 2244, AND AKIMA COUNTY CODE SECTION 78 12 MAY BE SUBDIVIDED FOR USE BY AN IMMEDIATE FAMILY MEMBER OF THE OWNER OF SUCH LAND. FURTHER LAND MAY BE DIVIDED OR SUBDIVIDED AND SOLD FOR CONTINUED AGRICULTURAL AND FORESTAL USE. SO AS LONG AS IT CONTINUES TO MEET THE REQUIREMENTS OF THIS ORDINANCE IN THE DISTRICT, I'LL GO INTO SOME QUICK FINDINGS. UH, THE OWNER WISH TO CERTIFY SUBDIVIDE 1.4 ACRES FROM AN EXISTING FARM. UM, THE OWNER WAS GRANTED A VARIANCE [00:10:01] FOR THE LACK OF ROAD FRONTAGE. AND WHILE A SMALL SECTION OF THE PARCEL WILL BE REMOVED, A SUBSTANTIAL PART OF THE FARM WILL REMAIN INTACT AND CONTINUED PRODUCTION. SO FOR RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL OF THE SUBDIVISION, GIVEN THE APPROVAL BY THE BOARD OF ZONING APPEALS FOR THE VARIANCE. AND THE RELATIVELY LOW IMPACT OF A 1.4 ACRE SUBDIVISION ON A PARCEL IS APPROXIMATELY 198 ACRES. ALSO, UM, THE A FD COMMITTEE RECOMMENDED APPROVAL AS WELL. THAT IS THE MOTION. IF YOU HAVE ANY QUESTIONS FOR ME, I CAN ANSWER 'EM. IS THIS, UH, THEY'RE REMOVING THIS PARCEL? IS THIS FOR A FAMILY MEMBER? UH, MY UNDERSTANDING IS IT'S NOT FOR A FAMILY MEMBER. IF IT WAS, IF IT WAS FOR A FAMILY MEMBER, YEAH. UM, WE WOULDN'T HAVE TO GO THROUGH THIS PROCESS. WE COULD GO STRAIGHT TO THE BOARD OF SUPERVISORS. SO WHAT THEY'RE GONNA DO IS JUST SELL OFF THE HOUSE. MM-HMM . AND THIS 1.4 ACRES YEP. THAT SIT ON, AND THEY'RE GONNA LEAVE THE REST OF THE FARM INTACT. OH, YEP. UH, MR. DALEY'S HERE TOO, ON BEHALF OF THE APPLICANT, IF YOU HAVE ANY QUESTIONS FOR HIM, COMMISSIONERS HAVE ANY QUESTIONS FOR, UH, NO PROBLEM. WOULD ANYBODY LIKE TO, UH, ALL RIGHT. SO, UM, MADAM CHAIRMAN, I MAKE A MOTION THAT THE, WE HAVE TO ASK FOR A PUBLIC COMMENT. YEAH. ALRIGHT. SO, UH, ALL RIGHT. WELL, THANK YOU. UM, IS THERE, UH, ANYBODY SIGNED UP TO TALK? NO. OKAY. WELL CLOSE THE PUBLIC HEARING AND, UM, THERE'S NO MORE QUESTIONS. WE COULD DO A MOTION NOW. YEAH. MADAM CHAIRMAN, I MOVED AT THE PLANNING COMMISSION, UH, RECOMMENDED THE BOARD OF SUPERVISORS TO ALLOW THE SUBDIVISION OF PARCEL 77 DASH 8 1 32 FROM THE GREEN BUSH AGRICULTURE AND FORESTAL DISTRICT. I HAVE A MOTION TO APPROVE. SECOND AND A SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. ALL APPROVE. ALL OPPOSED. CAN I ASK SOMETHING? IS THIS TO REMOVE THE PIECE OF THE PARCEL FROM THE AG AND FOREST DISTRICT WHERE TO ALLOW THE SUBDIVISION? BECAUSE ARE THEY TWO DIFFERENT THINGS OR, UM, SO WE'RE, SO WE'RE, MY UNDERSTANDING IS WE'RE REMOVING THAT SECTION OF THE PARCEL FROM THE A FD, SO IT CAN BE SUBDIVIDED. SO THE 1.4 ACRE SECTION WILL BE REMOVED, BUT THE REST OF THE PARCEL WILL REMAIN IN THE A FD. THAT'S HOW I UNDERSTAND IT. WELL, I'M JUST, I'M JUST READING THE MOTION LIKE IT SAYS, TO ALLOW THE SUB THAT DOES SAY, BY REMOVING THAT PORTION OF THE PARCEL FROM THE AGRI DISTRICT, I JUST WANNA MAKE SURE THAT IT'S BEING REMOVED FROM AG ENFORCE DISTRICT, NOT JUST ALLOWING SUBDIVISION TO TAKE PLACE. YEAH. THAT'S, THAT'S THE INTENT. RIGHT. OKAY. ALL RIGHT. AGAIN, MOVE ON TO NEW BUSINESS. GOOD EVENING, EVERYONE. SEAN C RIDLEY COUNTY PLANNER. UH, THIS EVENING I WILL BE GOING OVER AN ORDINANCE AMENDMENT ON SOLAR FACILITIES AND BATTERY ENERGY STORAGE SYSTEMS. OKAY. SO THESE AMENDMENTS WILL BE TO CHAPTER 1 0 6 ZONING. UH, THE REGULATION OF SOLAR FACILITIES COMES FROM HOUSE BILL SEVEN 11 AND SENATE BILL 3 47. UH, THIS WILL DESIGNATE CERTAIN GROUND MOUNTED SOLAR, SOLAR FACILITIES AS A CONDITIONAL USE OVER SEVERAL, UH, ZONING DISTRICTS. ALSO, THE REGULATION OF BATTERY ENERGY STORAGE SYSTEMS, WHICH COMES FROM SENATE BILL 4 43, WHICH WILL ALLOW BEST AS A BA I CAN'T TALK TONIGHT. SENATE BILL 4 43 WILL ALLOW BATTERY STORAGE ENERGY SYSTEMS BE AS A BUY RIGHT ACCESSORY USE ON PROPERTIES THAT ALREADY HAVE APPROVED SOLAR FACILITIES ON THEM. UH, THIS BOARD OF SUPERVISORS RESOLUTION WAS GIVEN AT THEIR JUNE 17TH MEETING. OKAY. SO, FOR REGULATION OF SOLAR FACILITIES, IF THE PLANNING COMMISSION DECIDES TO RECOMMEND APPROVAL FOR ONE OF THESE, THERE ARE NOW 12 REGULATIONS AND PROVISIONS THAT, UM, COME FROM VIRGINIA CODE 15.2 DASH 2280 8.8, AND THERE'S 12 OF THESE. UM, ALL 12 OF THESE WERE IN YOUR PACKET. IF YOU WANT, I CAN READ THESE INTO THE RECORD, BUT WE WILL GO OVER THESE IN FURTHER DETAIL NEXT MONTH. WOULD YOU LIKE ME TO READ THEM IN THE RECORD OR? SURE. OKAY. UH, SETBACKS, FENCING AND HEIGHT OF THE SOLAR PANELS, VISUAL IMPACTS ON PUBLIC PARTS, SCENIC RIVERS AND BYWAYS, AND HISTORIC STRUCTURES OR SITES. VIEW SHEDS, [00:15:01] LANDSCAPING AND BUFFERING LIGHT INTENSITY, DIMMING SOLUTIONS TECHNOLOGY, DEQ, STORM WATER REGULATION, CONTINUED MINIMIZATION OF NEW IMPERVIOUS SURFACE ON THE SITE, LAND DISTURBANCE AND PERMANENT SITE STABILIZATION, STABILIZATION, UH, VEGETATIVE COVER PLANTING OF CROPS, POLLINATOR PLANT SPECIES OR NATURALIZED METAL SPECIES, MOWING AND TRIMMING OF VISUAL SCREENS, WILDLIFE PASSAGE, UM, DECOMMISSIONING AGREEMENTS AND COMPLIANCE WITH ALL AFRICA STATE AND FEDERAL LABOR AND EMPLOYMENT LAWS. SO THOSE ARE THE 12. AND, UM, AGAIN, WE'LL GO INTO MORE DETAIL ON THOSE AND HAVE EXAMPLES OF THEM, UM, AT NEXT MONTH'S MEETING. OKAY. REGULATION OF BATTERY ENERGY STORAGE SYSTEMS, UM, THIS WILL ONLY AFFECT PROPERTIES THAT CURRENTLY HAVE APPROVED, UH, SOLAR FACILITIES ON THEM. UM, ONES THAT DO NOT, OR STILL GOING TO BE, UH, SUBJECT TO THE RECENTLY ADOPTED BEST ORDINANCE. AND THAT'S ALL I HAVE FOR THIS. AND AGAIN, NEXT MONTH WE'LL GO INTO MORE DETAIL ON THIS AND I'LL HAVE SOME EXAMPLES FOR YOU. OKAY. I JUST HAVE ONE QUESTION. MM-HMM . SO ALL OUR SOLAR, UH, PROJECTS ARE CONDITIONAL USE PERMITS. SO THERE IS NO BUY RIGHT THERE SHOULD, THERE WILL NEVER BE A BUY, RIGHT? BECAUSE YOU HAVE TO GO BACK AND AMEND THE CONDITIONAL USE PERMIT. COULD YOU ASK THE QUESTION AGAIN? SO, IF ALL OUR SOLAR PROJECTS ON EASTERN SHORE ARE FOR ANAC COUNTY OR BY CONDITIONAL USE PERMIT, SO THE BY RIGHT WAS FOR THE, THE BATTERY, NOT THE SOLAR. YOU MEAN LIKE A BATTERY STORAGE, LIKE IN WATVILLE? SO THAT WOULD BE BY RIGHT. AS AN ACCESSORY USED ON A PROPERTY THAT ALREADY HAS AN APPROVED SOLAR FACILITY ON IT. RIGHT. BUT AS YOU HAVE A CONDITIONAL USE PERMIT, YOUR UH, FACILITY IS ALREADY MAPPED OUT. YOU WOULD HAVE TO AMEND THE CONDITIONAL USE PERMIT. IS THAT CORRECT? NO. SO IT WOULDN'T BE, IT WOULDN'T BE FOR THE SOLAR, IT WOULD BE FOR THE BEST. RIGHT. SO THEY WOULDN'T BE ADDING ADDITIONAL SOLAR. IT WOULD BE SEPARATE. JUST LIKE IF, YOU KNOW, SOMEONE HAD A HOME AND THEY WANTED TO ADD AN ACCESSORY DWELLING. OKAY. BUT WE'LL HAVE SOME MORE INFORMATION ON IT FOR YOU NEXT MONTH. ANY OTHER QUESTIONS? OKAY. DO YOU WANNA MOVE TO B BRIEFING ON ADDITIONAL STUDY OF THE CHESAPEAKE BAY? AND, UH, THANK YOU MADAM CHAIR, MEMBERS OF THE COMMISSION. I'M LEE PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT, AND THIS IS AN INTRODUCTORY BRIEFING ONLY TO, UM, AND IF WE COULD BRING THAT MOTION UP FROM THE BOARD OF SUPERVISORS, SINCE THAT WAS A QUESTION FROM EARLIER TO, UM, UH, YOU KNOW, TO ESSENTIALLY INTRODUCE WHAT HAS HAPPENED OVER THE COURSE OF THE PAST SEVERAL MONTHS, ENDING WITH A, UH, UH, UH, WITH A DELETION OF THE KAPPA OR THE CHESAPEAKE ATLANTIC PRESERVATION AREA OVERLAY, WHICH IS ESSENTIALLY THE CHES BAY PROTECTIONS ON THE SEASIDE THAT WAS DELETED BY THE BOARD OF SUPERVISORS, UH, BACK IN JUNE. THEY HEARD FROM THE PUBLIC AND HAVE AGAIN, HANDED DOWN THIS MOTION, UM, FROM EARLIER IN JULY TO, UH, TO TAKE ANOTHER LOOK AT THE, UH, AT THE EFFECTS OF THE SEASIDE WATERSHED. AND, UM, AS YOU CAN SEE HERE, THERE IS NO TIMING ASSOCIATED WITH ANY OF THIS. SO WHAT WE'VE TRIED TO DO IN THE BRIEFING FOUND IN YOUR STAFF REPORT IS TO TRY TO PROVIDE SOME STRUCTURE OR SOME SUGGESTED APPROACH TO HOW THE COMMISSION AND THE STAFF MIGHT APPROACH THIS. SO, UM, YOU KNOW, WITH THAT BEING SAID, CAPA WAS INTRODUCED BACK IN 2009, WELL, ACTUALLY IN 2008, AND THEN SUBSEQUENTLY APPROVED BY THE BOARD OF SUPERVISORS IN FEBRUARY OF 2009. AND SINCE THEN, IT HAS GONE THROUGH SEVERAL AMENDMENTS. WE'VE DONE SEVERAL AMENDMENTS TOGETHER SINCE I'VE BEEN HERE IN THE PAST THREE YEARS. AND, UM, OF COURSE, OF COURSE, MOST RECENTLY, UH, UH, RESULTING IN ITS DELETION, THE MOST RECENT CAPA OR OR RATHER CHEST BAY ORDINANCE AMENDMENT WAS, AND WE HAD, WE HELD A PUBLIC HEARING ON THIS EARLIER THIS YEAR, WHERE [00:20:01] STAFF HAD RECOMMENDED THAT THE, UM, THAT THE ORDINANCE BE AMENDED SIMPLY TO COMPLY WITH STATE CODE, STATE CODE NOW REQUIRES RESILIENCY STANDARDS. THAT'S WHAT WE PROVIDED TO THE PLANNING COMMISSION AND TO THE BOARD OF SUPERVISORS. UM, AND THEY ADDED ON THE DELETION OF THE KAPPA BEYOND THAT. SO THAT WAS NOT PART OF, UH, OF ANY PRESENTATION, BUT SINCE THE BOARD OF SUPERVISORS HAD DIRECTED THE STAFF TO COME BACK WITH LANGUAGE, WE DID SO, AND THE RESULT WAS THE DELETION OF CAPA. UM, IN TERMS OF THE FILE, IN TERMS OF AN APPROACH, AGAIN, REVIEWING THE 2009 STAFF REPORT THAT WAS WRITTEN BY PRIOR, UH, UH, PLANNING DIRECTOR, JIM MCGOWAN, UH, WHO HAVE I, I'VE ACTUALLY SPOKEN WITH, UH, IN REGARDS TO THIS, UH, YOU KNOW, TO UNDERSTAND, YOU KNOW, FOR THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS TO UNDERSTAND THE ORIGINAL RATIONALES FOR, UH, FOR INCLUDING CHES BAY PROTECTIONS ON THE SEASIDE. SO THERE ARE THREE SCENARIOS THAT ARE POSSIBLE HERE. NUMBER ONE, MAINTAIN THE CURRENT ORDINANCE WITHOUT CAPA. THAT'S SOMETHING THAT, UH, THAT THE PLANNING COMMISSION'S GONNA HAVE TO LOOK AT. THAT IS THE QUOTE UNQUOTE NULL OPTION WHEN YOU'RE TALKING ABOUT, UH, LOOKING AT DIFFERENT ALTERNATIVES. UH, THE SECOND OPTION IS TO REINSTATE CAPA TO ITS PRE JUNE 17TH STATE. AND I WOULD JUST LIKE TO COMBINE THREE AND FOUR AS LISTED IN YOUR STAFF REPORT WHERE, UH, YOU KNOW, NUMBER THREE IS VERY SPECIFIC, BUT REDUCING THE AMOUNT OF RMA SO THAT, UH, UH, THAT WOULD REDUCE THE AREA IN WHICH A, UH, A MAJOR STORMWATER PLAN MIGHT BE REQUIRED. BUT NUMBER FOUR, AGAIN, WE RECOGNIZE THAT THIS IS JUST A FIRST, UH, YOU KNOW, A FIRST LOOK AT SOME POTENTIAL SCENARIOS, AND THAT THERE ARE SOME OTHER ONES THAT MIGHT COME ABOUT THROUGH PUBLIC DISCOURSE OR FROM THE PLANNING COMMISSION OR OTHER FOLKS WHO MIGHT MAKE COMMENTS. THERE AGAIN, NO TIMELINE ASSOCIATED WITH A MOTION, WHICH IS WHY WE FELT IT PREMATURE TO SUGGEST A, A, YOU KNOW, A DROP DEAD DATE, IF YOU WILL, FOR A PUBLIC HEARING WHEN WE DON'T EVEN KNOW HOW WE'RE GOING TO APPROACH AND STUDY THIS, UH, THIS ISSUE. SO, UH, WE REALIZE THAT THERE MAY BE SOME, UH, YOU KNOW, A LOT OF, UH, A LOT OF QUESTIONS. UH, WE MAY HAVE TO DO A LOT OF RESEARCH. WE MAY HAVE TO CONSULT SUBJECT MATTER EXPERTS. SO WE DID NOT MENTION, YOU KNOW, A TIMELINE FOR A PUBLIC HEARING BECAUSE WE FELT THAT IT WOULD BE PREMATURE TO DO SO. UH, WITH THAT BEING SAID, THAT CONCLUDES MY, UH, MY INTRODUCTION, MY BRIEFING ON THIS, AND I CAN TRY TO FIELD ANY QUESTIONS YOU HAVE AT THIS TIME. OKAY, GO AHEAD. JUST ONE QUESTION. WHAT HAPPENS IN THE MEANTIME? ARE WE AT A, UH, MORATORIUM? ARE WE AT A, UH, WHOLE, UH, JUST WHERE WE, WHILE, UH, WE STUDY THIS AND DECIDE WHICH WAY WE'RE GOING, THE CURRENT STATUS OF THE KAPPA IS THAT THERE IS NO KAPPA. SO, SO THE, UH, THE AREA THAT DRAINS TO THE ATLANTIC OCEAN WILL BE SUBJECT TO STANDARD STORMWATER REGULATIONS. WHEN YOU LOOK AT THE CODE OF VIRGINIA, THE VIRGINIA ADMINISTRATIVE CODE, THERE ARE, THERE ARE BASICALLY TWO DRAINAGE AREAS. THERE IS THE CHES BAY AREA, AND THEN THERE ARE ALL OTHER DRAINAGE AREAS. SO NOT EVERY PART OF VIRGINIA DRAINS TO THE CHESAPEAKE BAY. YOU KNOW, ROANOKE RIVER BASIN DOESN'T DRAIN TO, TO THE CHESAPEAKE BAY. THERE ARE OTHER RIVER BASINS THAT DO NOT DRAIN TO THE CHESAPEAKE BAY. SO RIGHT NOW, AGAIN, ROUGHLY, ROUGHLY EVERYTHING EAST OF ROUTE 13 IS CONSIDERED A DIFFERENT DRAINAGE AREA STILL WITHIN VIRGINIA, BUT A DIFFERENT DRAINAGE AREA THAT DOES NOT DRAIN TO THE CHESAPEAKE BAY. THERE ARE REGULATIONS FOR THOSE AREAS, AND THOSE ARE THE REGULATIONS THAT EVERYTHING EAST OF ROUTE 13 WOULD BE SUBJECT TO. ANY OTHER QUESTIONS? I GUESS, UM, HAVING A CONSULTANT COME IN AND EDUCATE US ON THE EFFECTS THIS HAS ON THE COUNTY WOULD BE A GREAT IDEA. MM-HMM . SO WE CAN ASK QUESTIONS AND, AND, UM, WE HAVE A SERVICE, YOU KNOW, UH, A GENERAL ENGINEERING SERVICES CONTRACT WITH KIMLEY HORN. AS YOU ALL KNOW, THEY'RE THE ONES WHO REVIEW OUR STORM WATER, UH, WHO REVIEW STORM WATER AND EROSION AND SEDIMENT CONTROL PLANS FOR US. AND WE'D BE MORE THAN HAPPY TO BRING THEM, UH, TO A MEETING AND, UH, UH, YOU KNOW, HELP EXPLAIN SOME OF THIS. SURE. THAT'D BE GREAT. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? MAY I ASK? I'M SORRY. UH, YOU HAVE TO ASK QUESTIONS DURING PUBLIC COMMENT, BUT IF YOU WANNA TALK TO STAFF AFTER THE MEETING THAT, THAT WORK. ALL RIGHT. MOVE ON TO OTHER MATTERS. [00:25:04] THE, UM, REZONING OF 0 0 0 180 8 DASH 2 0 2 5, AND THE CONDITIONAL USE, UH, 0 0 0 5 4 DASH 2026 DUNCAN MANOR VILLAGE DEVELOPMENT REZONING. SO THIS IS JUST AN UPDATE ON SOME NEW, UH, INFORMATION THAT WE'VE RECEIVED FROM THE DEVELOPER, MR. CHRIS CARBAUGH, WHO IS ALSO HERE TONIGHT. UH, WE DID, WE DID GET A REVISED LAYOUT FOR DUNCAN MANOR, WHICH ESSENTIALLY, UM, YOU KNOW, AGAIN, PER THE STAFF REPORT, IT DELETES THE 141 OVER ONE CONDOMINIUM UNITS AND REPLACES THEM WITH SINGLE FAMILY DWELLINGS, NOT A ONE FOR ONE. SO THERE IS GOING TO BE A REDUCTION IN THE OVERALL UNIT COUNT. SO THEY'RE NOT REPLACING 141 OVER ONE CONDO UNITS WITH 140 SINGLE FAMILY DWELLINGS. UH, THEY'RE ACTUALLY, UM, UH, REDUCING THAT TO, UH, BY 70 UNITS. SO INSTEAD OF 141 OVER ONES, THERE WILL BE, UH, IN ITS PLACE A 70, UM, SINGLE FAMILY, SINGLE FAMILY, RIGHT. BUT THE OVERALL UNIT COUNT HAS, HAS BEEN REDUCED FROM, UH, 224 UNITS TO 154 UNITS, THEREBY ALSO REDUCING THE DENSITY FROM 4.04 TO 2.78. UH, GETTING BACK TO SOME OF THE MAJOR CHANGES, UH, THEY ARE PROPOSING TO REDUCE THE LOT SIZES TO A MINIMUM OF 50 FOOT WIDE LOTS. AND, UH, THEY ARE ALSO DELETING THE CLUBHOUSE AND POOL AMENITIES. THEY ARE MAINTAINING A SIGNIFICANT AMOUNT OF OPEN SPACE, THOUGH, UH, DUNCAN MANOR RESIDENCE WILL BE ABLE TO USE THE COASTAL SQUARE AND RESIDENCES AMENITIES PER THE, UH, REVISED PLAN. UM, CAN WE BRING UP THE LAYOUT PLEASE? CAN I ASK A QUESTION? I MEAN, SURE. YOU , SO, YOU KNOW, HE FOUGHT TOOTH AND NAIL WITH THE LOCAL RESIDENCE OVER THIS TOWNHOUSE DEVELOPMENT, AND NOW HE, DOES HE GO BACK TO SQUARE ONE NOW WITH A REVISION NOW THAT HE'S GOING TO HAVE SINGLE HOMES IN THE MIX? NOW, WE WOULD CONSIDER IT A REVISION TO THE APPLICATION, BUT AGAIN, IT DOES, IT, IT REDUCES THE OVERALL UNIT COUNT. NOW, ARE YOU ASKING ME IF THEY'RE GONNA HAVE TO GO BACK THROUGH? YEAH, I MEAN, WE'RE CONTINUING TO REVIEW IT. OKAY. YEAH, BECAUSE, UH, YOU KNOW, THEN THERE'LL HAVE TO BE PUBLIC HEARINGS AGAIN AND SO FORTH WITH IT. WE HAVE NOT HELD THE FIRST PUBLIC HEARING ON THIS YET, BY THE WAY. OKAY. SO WE'RE STILL, WE'RE STILL THE ORIGINAL APPLICATION A COUPLE OF YEARS AGO, WE HAD A PUBLIC HEARING AT THE, SO WE HAD PUBLIC HEARINGS ON COASTAL SQUARE IN RESIDENCES, WHICH IS A, WHICH IS A SEPARATE APPLICATION, WHICH HAS ALREADY BEEN APPROVED. THIS IS NOT PART OF THE PART OF THAT APPLICATION. IT WILL BE PHYSICALLY CONNECTED BY STUBB STREET. UM, HERE, LET ME BORROW THIS, A STUBB STREET RIGHT HERE. SO THESE TOWNHOUSE UNITS YOU SEE THAT ARE, UM, THAT ARE, UH, UH, THAT ARE GHOSTED OUT. THESE ARE COASTAL SQUARE AND RESIDENCES. AND THEN EVERYTHING THAT YOU SEE IN COLOR, UH, YOU KNOW, WHAT WE'RE, WE'RE CALLING THE EASTERN PART AND THE WESTERN PART ARE, UH, ARE THE DUNCAN MANOR MIXED USE, UH, UH, ELEMENTS OF THIS, UM, OF THIS APPLICATION. SO THE REZONING AND THE CONDITIONAL USE PERMIT, WE'RE ONLY TALKING ABOUT THIS AREA RIGHT HERE AND THEN THIS AREA RIGHT HERE. OKAY. RIGHT. 'CAUSE THERE WAS SOME SIGNIFICANT DISCUSSION ABOUT PARKING AND ALL THE IMPACTS THAT THE ORIGINAL PLAN HAD. THERE WAS NO PARKING, REMEMBER, I KNOW WE TALKED ABOUT THAT WITH MARINER FARM. OH, IS THAT WHAT I'M MIXING THIS UP WITH? THE, THE MARINER FARM IS, UH, UH, INCIDENTALLY, THE, UH, THE APPLICANT HAS, UM, AS YOU ALL SAW WITH YOUR, UH, WITH THE MEMO FROM LAST WEEK FROM CICE, HAS WITHDRAWN THAT APPLICATION. BUT THE CONCERNS WITH PARKING THAT YOU WERE TALKING [00:30:01] ABOUT WERE DISCUSSED WITH THE MARINER FARM APPLICATION. OKAY. I'M CONFUSING THAT TOO THEN. I'M SORRY. THAT'S OKAY. OKAY. SO, MARINER FARMS, HE WOULD HAVE TO GO BACK TO THE BEGINNING. UM, WE CAN TALK ABOUT MARINER FARMS SEPARATELY, BUT TO ANSWER YOUR QUESTION, HE, ANY, ANY DEVELOPER TO COME IN, THE REZONING IS STILL IN PLACE, BUT THE CONDITIONAL USE PERMIT HAS EXPIRED. OKAY. THAT'S WHAT I'M, OKAY, THANK YOU. MM-HMM. YES, SIR. THAT'S WHY I JUST CONFUSED . UM, SO WITH THAT BEING SAID, UH, YOU KNOW, A REVISED PHASING PLAN, AND LET'S SEE, YEAH, THERE'S THE PHASING PLAN RIGHT THERE. UM, SHOWS, UH, THESE 19 LOTS, THESE ARE 19 NEW LOTS HERE, WHERE THERE WAS PREVIOUSLY A CLUBHOUSE, THERE IS STILL A LITTLE BIT OF COMMUNITY OPEN SPACE BEHIND THAT, AND THAT IS ALL PART OF THE FIRST PHASE. UH, THE INTENT IN REDUCING THE LOT SIZE IS, IS TO ACCOMMODATE A PROPOSED COTTAGE STYLE UNIT. SO, UH, WITH THE, WITH THE REDUCTION IN THE NUMBER OVERALL NUMBER OF UNITS IS ALSO GOING TO BE A DIFFERENT STYLE OF HOUSE. SO IT'LL BE A SMALLER COTTAGE STYLE, SINGLE FAMILY DWELLING. BUT AS THIS PLAN STANDS NOW, THERE ARE NO, UH, NO PLANS FOR ANY T ANY STYLE OR TYPE OF MULTIFAMILY HOUSING LIKE A CONDO, TOWNHOUSES, APARTMENT BUILDINGS FOR RENT. THESE ARE ALL GONNA BE SINGLE FAMILY DWELLINGS PER THE CURRENT, UH, UH, MOST RECENT LAYOUT. AND THAT CONFORMS TO THE SEWER REDUCTION. THAT WAS HAMPTON ROADS, THAT SEWER, UH, THAT, THAT SEWER EXPANSION AREA REQUEST IS STILL BEING PENDING. I KNOW THAT THERE ARE SOME QUESTIONS ABOUT WHAT THAT ALLOCATION IS GOING TO BE, BUT, UH, WITH THE REDUCTION IN THE NUMBER OF UNITS, UH, WE HAVE BEEN PROPOSING, YOU KNOW, UH, OF HALF ALLOCATION. I KNOW THAT THERE'S A LOT OF CURIOSITY BEHIND WHAT THE NUMBERS LOOK LIKE. WHAT WE DIDN'T WANT TO DO WAS TO PREEMPT THAT, UM, BY RULING THAT OUT HERE BEFORE THE BOARD OF SUPERVISORS HAD RULED ON IT. I WOULD LOVE TO TELL YOU MORE. UH, YOU KNOW, IT'S, IT'S, UH, UH, YOU KNOW, THERE IS AN OVERALL ALLOCATION OF 187,500 OR SO GALLONS PER DAY MM-HMM . AND IF WE WERE TO, IF WE WERE TO ATTEMPT TO SERVE ALL OF THE DEVELOPMENT THAT HAS ALREADY BEEN PROPOSED, WE WOULD EXCEED THAT. SO WE'VE SPOKEN WITH DEVELOPERS, WE'VE SPOKEN WITH, UM, YOU KNOW, WE'VE OF COURSE SPOKEN AMONGST OURSELVES, BETWEEN MYSELF, THE OTHER DEPUTY COUNTY ADMINISTRATOR AND THE COUNTY ADMINISTRATOR AS TO HOW TO FAIRLY, UM, UH, UH, PROVIDE SERVICE OR ALLOCATE SERVICE TO, UH, DEVELOPMENTS THAT HAVE ALREADY BEEN APPROVED. AND ALSO TO ACCOUNT FOR DEVELOPMENTS THAT WE SEE IN THE FUTURE. YOU KNOW, ONE OF THESE IS A, UM, IS A, UH, UH, A MIXED USE, YOU KNOW, 'CAUSE COASTAL SQUARE IS A MIXED USE. AND REALLY WHAT WE HAVE TALKED WITH THE DEVELOPER ABOUT IS WE'RE NOT DICTATING TO THEM WHAT PHASE THEY WANNA START WITH FIRST. IF THEY WANNA START WITH, WITH THE DUPLEXES AND THE TOWNHOUSES FIRST, THEN THEY CAN DO THAT. IF THEY WANNA START WITH THE, UH, WITH THE APARTMENTS, THEN THEY CAN DO THAT. BUT WHAT THE HALF ALLOCATION DOES IS THAT IT AT LEAST GETS THEM STARTED AND THAT HALF ALLOCATION IS ENOUGH TO LAST SEVERAL YEARS. SO, AGAIN, I KNOW THAT THERE'S A LOT OF CURIOSITY WITH REGARDS TO THE SPECIFIC NUMBERS ON THE ALLOCATION, BUT, UM, YOU KNOW, AGAIN, WE'RE, WE'RE STILL PULLING ALL THAT TOGETHER FOR THE BOARD OF SUPERVISORS REVIEW. SO IF, UH, ONE QUESTION BEGETS ANOTHER, SO IF WE GO FORWARD WITH ALL THESE, THIS PLAN MM-HMM . AND THEY USE UP ALL THE EXCESS CAPACITY OF THE SEWER SYSTEM RIGHT. OF SO MANY THOUSAND GALLONS. UH, DOES THAT SAY THAT THERE'LL BE NO MORE DEVELOPMENT IN THE, IN THIS AREA? NOT NECESSARILY. UNLESS THEY'RE WILLING TO BUILD ANOTHER SEWER, OR, I DON'T WANNA EXACTLY. SO THERE ARE OTHER SOLUTIONS OUT THERE. OKAY. THE, YOU KNOW, THE, UH, ESPECIALLY IN A HIGHER DENSITY AREA LIKE THIS, THE, THE PREFERENCE IS FOR CENTRAL WATER AND SEWER, WHETHER THAT'S CENTRAL WATER AND SEWER IS PROVIDED BY A REGIONAL AUTHORITY LIKE HRSD. YEAH. OR A LOCAL PROVIDER LIKE THE TOWN OF A C**K OR A PRIVATE PROVIDER, SAY IN THE, IN THE, UM, IN THE EXAMPLE OF AQUA [00:35:01] OF CAPTAIN'S COVE. YES. OR ONSITE SOLUTIONS, YOU KNOW, THEIR OWN ONSITE SOLUTION. THERE ARE, YOU KNOW, UH, MAXING OUT THE, THE WATER PLANT OR MAXING OUT THE SEWER PLANT DOES NOT PRECLUDE ADDITIONAL, UH, ADDITIONAL DEVELOPMENT. OKAY. THAT'S WHAT I WAS, IT'S A QUESTION OF WHO PAYS FOR IT. RIGHT. WHO PAYS FOR THE EXPENSE. I THINK THAT'S FAIR TO SAY. YEAH. OKAY. I WILL MENTION THAT ANY DEVELOPMENT, UM, UH, ANY CONNECTIONS, ANY INTERNAL TRANSMISSION LINES FOR WATER OR COLLECTION LINES FOR SEWER ARE TO BE ACCOMPLISHED AT THE DEVELOPER'S REQUEST. BUT IF THEY ARE GOING TO RELY ON AN ONSITE SOLUTION THAT DOES NOT ENTAIL, UH, THAT DOES NOT ENTAIL A, YOU KNOW, A PREVIOUSLY EXISTING CENTRAL SYSTEM, AGAIN, HRSD OR TOWN OF A C**K IN THIS CASE, UH, AND IF THEY'RE REALLY INTENT ON DOING THIS, THEN UH, YOU KNOW, THEY WOULD HAVE TO FIGURE OUT A DIFFERENT WAY. OKAY. MM-HMM . THE, THE REQUIREMENT FOR, UH, THE AMOUNT OF GREEN SPACE RESIDENT, UH, RECREATION ERROR, IS THAT A MINIMUM? I, I NOTICED THAT YOU SAID THEY REDUCED THE SIZE OF SOME OF THE GREEN SPACE AND REC RECREATION. DOES THAT STILL KEEP THEM IN COMPLIANCE? YES. UM, AT 55.45 ACRES OF OVERALL, UH, MATTER, I'VE GOT IT IN MY NOTES HERE. FOR THE TYPE OF DEVELOPMENT OR THE TYPE OF LOTS THAT THE, THAT THE DEVELOPER IS PROPOSING, WHICH ARE THE CLUSTER LOTS, HE'S REQUIRED TO HAVE AT LEAST 40% OPEN SPACE. AND FOR THAT, UM, 60% OF THE 60% OF THE LAND AREA CAN BE, UH, DEDICATED TO, UH, TO LOTS AND TO INTERNAL ROADS, STREETS AND ALLEYS. UM, UH, 60% OF 55.45 IS 33.27 DEDICATED TO DEVELOPMENT WITH AN OPEN SPACE REQUIREMENT OF 22.18 ACRES. SO WHEN DOES THIS REQUIREMENT KICK IN? AT WHAT LEVEL OF DEVELOPMENT IS THIS APPLIED TO? IS IT A SMALL SUBDIVISION, LARGE AMOUNT MIXED USE TO WHEN DOES THIS 40% 6% APPLY BEFORE YOU AND THE BOARD OF SUPERVISORS APPROVE? SO HE HAS TO DEMONSTRATE THAT WHICH HE HAS DEMONSTRATED CURRENTLY. OKAY. I, I GUESS MY QUESTION WAS, WHAT SIZE THE DEVELOPMENT DOES THIS REQUIREMENT, UH, APPLY TO? SO IF IT'S A 10 ACRE SUBDIVISION, ARE THEY, I I GUESS THE LEVEL OF, OF APPLICABILITY IS THERE'S NO, UH, THERE'S NO SIZE OF DEVELOPMENT THAT IT WOULD APPLY TO. HE'S APPLYING FOR CLUSTER LOTS AND FOR THE CLUSTER OPTION IN THE ZONING ORDINANCE, UH, UM, 40% OPEN SPACE IS REQUIRED. WHAT I WILL MENTION IS THAT, UM, THERE IS A 40 ACRE MAXIMUM FOR VILLAGE DEVELOPMENT. UH, YOU KNOW, UH, VILLAGE DEVELOPMENTS, SINCE HE'S PROPOSING 55.45 ACRES, HE WILL BE REQUESTING A WAIVER OF 15.45 ACRES TO BE ABLE TO DO THIS. SO, TO, TO ANSWER YOUR QUESTION, THERE'S NO MINIMUM, UH, THERE'S NO, THERE'S NO RANGE THAT THE 40% OPEN SPACE, UH, REQUIREMENT WOULD, UM, YOU KNOW, WOULD BE TRIGGERED. IT'S JUST HE WANTS TO DO CLUSTER LOTS. AND IN THE ZONING ORDINANCE, IF YOU'RE GONNA DO CLUSTER LOTS, YOU HAVE TO PROVIDE 40% OPEN SPACE. OKAY. THANK YOU. OKAY. SO I, I DO HAVE A QUESTION. WHAT WOULD BE THE FUTURE PURPOSE OF THE 40% OPEN SPACE? 40% OPEN SPACE WOULD HAVE TO BE MAINTAINED, UM, UH, AS OPEN SPACE AND PERPETUITY, AND THAT WOULD HAVE TO BE DEMONSTRATED THROUGH, UH, SOME SORT OF OPEN SPACE EASEMENT OR IN THE HOA DOCUMENTS. IT COULD NOT BE DEVELOPED. IF THIS IS APPROVED, UH, THE 40% OPEN SPACE COULD NOT BE DEVELOPED. STOP TRAFFIC. [00:40:01] ANY OTHER QUESTIONS? ALRIGHT, THAT CONCLUDES MY PRESENTATION, AND WE'LL HAVE MORE FOR YOU NEXT MONTH. OKAY. ANY OTHER QUESTIONS FOR STAFF? NO. OKAY. MOVING ON TO JOINT PLANNING COMMISSION BOARD OF SUPERVISORS WORK SESSION ON TUESDAY, AUGUST 25TH. COUNTY PLANNER SHAUNTICE. AGAIN, UH, THIS IS JUST A REMINDER THAT WE WILL BE HAVING THE FIRST OF FOUR, UH, JOINT WORK SESSIONS WITH THE BOARD OF SUPERVISORS FOR THE COMP PLAN REVISION. UM, THAT MEETING DATE IS TUESDAY, AUGUST 25TH. IT'LL BE AT THE LIBRARY IN PARSLEY AS THE ONE WE HAD IN MARCH, UH, WITH THE BERKELEY GROUP PLANS TO GO OVER OR OVERVIEW OF, UM, THE COMMUNITY ENGAGEMENT FINDINGS, PROPOSED COMPREHENSIVE PLAN STRUCTURE AND THE PLAN VISION AND GUIDING PRINCIPLES. AND THAT MEETING WILL BE AT FIVE 30, NOT AT 7:00 PM ANY QUESTIONS? NO, I DON'T THINK SO. ALRIGHTY. IF ANYTHING DOES COME UP, ANY QUESTIONS ABOUT THE JOINT WORK SESSION, JUST LET US KNOW. UM, AND WE WILL HAVE AN AGENDA SENT OUT TO YOU, UM, AHEAD OF TIME, SO YOU'LL BE PREPARED. ALRIGHT. WILL, WILL THERE BE SLIDES OR ANYTHING? ANYTHING TO COME WITH IT? THEY WILL HAVE A SLIDE DECK. THE BERKELEY GROUP WILL HAVE A SLIDE DECK I DIDN'T KNOW, BUT WE'LL HAVE, UM, WE'LL HAVE INFORMATION FOR YOU AND HANDOUTS AS WELL, BUT THAT'LL BE IN YOUR PACKET. OKAY. THANK YOU. SO THERE WILL BE A PACKET FOR IT, AND THERE'LL BE A, A BOARD DOCS ENTRY FOR IT AS WELL. YOU GOT A QUESTION? UH, NO, IT'S JUST OKAY. JUST WANTED TO REMIND. YES, SIR. , IF I COULD ADD, UH, A COMMENT ABOUT THE COMPREHENSIVE PLAN IN GENERAL. AND, UM, YOU KNOW, SEVERAL OF YOU HAVE BEEN TO THE CERTIFIED PLAN AND COMMISSIONER'S COURSE, AND WE'VE ALSO MENTIONED THIS AT THE FIRST KICKOFF JOINT WORK SESSION BETWEEN THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS, THAT THE COMPREHENSIVE PLAN, AS WE ALL KNOW, IS REQUIRED BY, UH, CODE OF VIRGINIA. AND WE'RE ALSO REQUIRED TO LOOK AT THIS EVERY FIVE YEARS. ONE OF THE OTHER FIRST, I GUESS, UH, TENETS OF COMPREHENSIVE PLANNING HERE IN THE COMMONWEALTH IS THAT THE COMP PLAN IS AN ADVISORY DOCUMENT, AND IT DOES NOT DICTATE WHERE DEVELOPMENT SHOULD GO. IT SUGGESTS WHERE DEVELOPMENT SHOULD GO AND THE REAL CONTROLS ARE FOUND IN YOUR ZONING ORDINANCE OR YOUR SUBDIVISION ORDINANCE. UM, ONE OF THE THINGS THAT WE SELECTED THE BERKELEY GROUP FOR WAS THEIR WILLINGNESS TO ENGAGE WITH THE PUBLIC, BUT ALSO, UH, YOU KNOW, THEIR PLAN SUGGESTED FOR JOINT PUBLIC HEARINGS WITH THE BOARD OF SUPERVISORS. SO, AS COUNTY PLANNER SHAUNTICE RIDLEY HAD MENTIONED, THIS IS, YOU KNOW, AFTER THE PLAN WRITING PHASE HAS STARTED, WHICH IT STARTED BASICALLY, UM, LAST MONTH, A COUPLE MONTHS AGO WHEN WE FINISHED THE, UM, UH, CITIZEN ENGAGEMENT, THEY'VE BEEN WRITING THE FIRST THREE OR FOUR CHAPTERS OVER THE PAST COUPLE OF MONTHS. THEY'RE GETTING READY TO ROLL THAT OUT. STAFF IS LOOKING AT THAT, THEY'RE ROLLING THAT OUT IN FRONT OF THE JOINT, UM, UH, YOU KNOW, UH, UH, JOINT MEETING OF THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS SO THAT YOU ALL SEE, YOU KNOW, IN, IN THE OPEN WHAT'S BEING WRITTEN. AND THEY ONLY WRITE WHAT WE ASK THEM TO WRITE. IF THERE ARE CHANGES THAT WE WANT TO MAKE, THEN THEY WILL MAKE THOSE CHANGES FOR US. BUT THIS IS NOT A, YOU KNOW, THIS IS NOT A, A, A MECHANICAL PROCESS BY WHICH WE JUST ACCEPT WHAT THEY GIVE US. IF THERE ARE CHANGES THAT WE WANNA SEE, THEN, THEN, UH, YOU KNOW, THE PLANNING COMMISSION AND OR THE BOARD OF SUPERVISORS, UH, WILL, UH, YOU KNOW, YOUR COMMENTS WILL BE TAKEN BY THE STAFF AND BY THE CONSULTANT, AND THOSE CHAPTERS ARE REWRITTEN ACCORDINGLY. I JUST WANTED TO ADD THAT. THANK, THANK YOU, SIR. UH, I GRANTED THAT WE ARE AN ADVISORY BOARD AND GRANTED THAT WE DON'T HAVE THE POWER TO DICTATE AND GRANTED THAT THE COMMISSION, THAT THE UH, PLAN IS NOT A DICTATE, IS IT NOT TRUE THAT IT'S OFTEN REFERRED TO WHEN WE HAVE, UH, GROUPS COME AND ASK FOR SPECIAL CONSIDERATION THAT YOU QUOTE THIS DOCUMENT? SO IT DOES HAVE SOME WEIGHT, DOES IT NOT? IT ABSOLUTELY HAS WEIGHT. SO WHEN, UH, WHEN APPLICANTS COME BEFORE THE STAFF INITIALLY, BEFORE THE PLANNING COMMISSION AFTER THAT, AND THEN ULTIMATELY TO [00:45:01] THE BOARD OF SUPERVISORS, THE FIRST THING THAT, THAT THE STAFF IS GONNA LOOK AT IS THE COMPREHENSIVE PLAN TO SEE WHAT, UH, YOU KNOW, WHAT IT SAYS ABOUT THEIR PROPOSAL. IF THAT PROPOSAL IS A REZONING CONDITIONAL USE PERMIT, UH, ON A LIMITED BASIS, EVEN THOUGH IT'S NOT REQUIRED BY THE BZA TO LOOK AT THESE THINGS, SOMETIMES WE DO INCLUDE THAT IN THE BZA, UH, CASES OR ANALYSIS. BUT, UH, THE COMPREHENSIVE PLAN IS, YOU KNOW, UH, YOU KNOW, THIS IS NOT SOMETHING THAT MACK COUNTY TRADITIONALLY HAS JUST GONE AND DONE AND CHECKED THAT BOX TO SAY, WELL, WE REVIEWED IT AFTER EVERY FIVE YEARS AND THEN PUT IT UP ON A SHELF. WE REFER TO THIS ALMOST EVERY DAY. YOU HAVE TO REFER TO IT FOR YOUR CAPITAL IMPROVEMENT PLAN AS WELL. SO THOSE ARE BASICALLY YOUR, YOUR TWO MAIN GUIDING DOCUMENTS IN TERMS OF, UH, IN TERMS OF DEVELOPMENT ARE THE COMPREHENSIVE PLAN. AND THEN THE CAPITAL IMPROVEMENT PLAN IS, UH, IS LINKED TO THAT. IF THE, IF THE COMPREHENSIVE PLAN, UM, UH, UH, SUGGESTS, YOU KNOW, WE'RE GONNA NEED ADDITIONAL SCHOOLS OR FIRE STATIONS 30 YEARS FROM, YOU KNOW, OR, OR 20 YEARS DOWN THE ROAD, THEN THOSE ARE THINGS THAT, UH, THAT YOU MIGHT FIND IN A COMPREHENSIVE PLAN. UH, SO AGAIN, THE, UH, THE, THE COMP PLAN IS NOT SOMETHING THAT WE IGNORE. WE USE IT ALMOST EVERY DAY. THANK YOU. BECAUSE I JUST DIDN'T WANT TO BE REFERRED TO AS SOMETHING THAT WAS PUT ON THE SHELF THAT, UH, HAD NO VALUE. SO IT DOES, THANK YOU. RIGHT. ALRIGHT. ALRIGHT. THANK ANY OTHER QUESTIONS? ALL RIGHT. THANK YOU. THANK YOU. MOVE ON TO THE NOVEMBER MEETING CONFLICT. SHANTE STRICKLEY COUNTY PLANNER AGAIN. UM, SO OUR NOVEMBER MEETING IS SCHEDULED FOR NOVEMBER THE 11TH WITH HIS, WHICH IS ALSO VETERAN'S DAY. SO TWO ALTERNATIVE MEETING DATES WOULD BE WEDNESDAY, NOVEMBER THE FOURTH, OR TUESDAY, NOVEMBER THE 12TH. OKAY. YOU GUYS HAVE ANY PREFERENCE HOW THAT THURSDAY LOOK LIKE? YES. SO EITHER WEDNESDAY, NOVEMBER THE FOURTH, WHICH WOULD BE THE FIR UH, THE FIRST WEDNESDAY OF THE MONTH, OR TUESDAY, NOVEMBER 12TH, WHICH WOULD BE THE DAY AFTER THIRD. I TAKING VACATION ON 12TH. I'M SORRY, THURSDAY. I'M LOOKING AT THURSDAY. I DIDN'T EVEN KNOW YOU WERE IN CHARGE. DON'T DO THAT. YOU MIGHT WANNA DO THE FOURTH THEN. SO, THE 12TH, 12TH, 12TH. THE 12TH. YES. OKAY. I THINK WE NEED A MOTION. I'M JUST SEEING WHAT EVERYBODY ELSE IS. I'M OKAY WITH IT. WHAT TIME? SAME TIME. SAME TIME. ALL RIGHT. SO CAN WE GET A MOTION TO CHANGE OUR NOVEMBER MEETING TO THURSDAY, NOVEMBER 12TH AT 7:00 PM SO SECOND AND A SECOND, WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. A. AYE. OPPOSED? OKAY. THANK YOU. I, I'M SORRY. ALL RIGHT. WE WANNA MOVE ON TO THE STAFF REPORT. OKAY. UH, JUST REALLY BRIEFLY ON NUMBER NINE, STAFF REPORT, SUBDIVISION AGENT, WE DON'T HAVE ANY MAJOR SUBDIVISIONS. UH, THIS HAS BEEN KIND OF, UH, UH, PAR FOR THE COURSE. HOWEVER, THE STAFF CONTINUES TO REVIEW SOME OF THE MINOR SUBDIVISIONS, LOT SPLITS, LOT LINE ADJUSTMENTS, OR LOT LINE VACATIONS. AND, AND THOSE ARE FAIRLY ROUTINE FAMILY SUBDIVISIONS, FOR EXAMPLE. BUT ANYTHING RISING TO THE LEVEL OF PLANNING COMMISSION'S REVIEW, DUNCAN MANOR IS GONNA BE THE NEXT ONE. UH, UH, COASTAL SQUARE ON RESIDENCES STILL HAS TO GO THROUGH THE PRELIMINARY PLAT AS WELL, BUT, UH, WE DON'T HAVE ANYTHING CURRENTLY ON THE BOOKS FROM THE ZONING ADMINISTRATOR STANDPOINT. UM, THE BZA HELPS SIX PUBLIC HEARINGS. THEY, UH, UH, THEY DEFERRED ONE AND THEY GRANTED SEVERAL WITH CONDITIONS. AND THEN THERE WAS ALSO ONE WHERE A, UH, UH, AN APPLICANT WAS CITED FOR VIOLATION OF THEIR, UH, SPECIAL USE PERMIT CONDITIONS AND WAS GIVEN, UH, 90 DAYS TO COME INTO COMPLIANCE. AND THEN THE BOARD OF ZONING APPEALS WILL REVIEW THAT ONE AGAIN FOR NEXT MONTH ON WEDNESDAY, SEPTEMBER 2ND, THEY'RE GONNA BE HOLDING NINE PUBLIC HEARINGS. A, UH, UM, UH, A VARIETY OF SPECIAL USE PERMITS AND VARIANCES. UM, SO, UH, OF NOTE HERE ARE TWO SPECIAL USE PERMITS FOR, UH, [00:50:01] FOR TELECOMMUNICATIONS TOWERS, WHICH THE BOARD OF ZONING APPEALS HAD, UH, UH, APPROVED ONE EARLIER THIS YEAR. AND WE ACTUALLY NEED MORE OF THAT. SO WE'RE SEEING A LOT OF, UH, YOU KNOW, WE'RE SEEING SEVERAL APPLICATIONS COME IN, UH, TO, UH, INCREASE THAT COMMUNICATIONS ABILITY WHERE THERE CURRENTLY IS NONE. AND THE, UH, UM, THE PROVIDERS IN THE MARKET ARE RESPONDING TO THAT, THAT, OH, AND THEN FOR DEPUTY COUNTY ADMINISTRATOR, JUST A FEW NOTES FROM A STAFFING PERSPECTIVE, WE DO HAVE APPLICANTS, UM, WHO ARE, WHO ARE GOING THROUGH VETTING RIGHT NOW, UM, MEANING THEIR PHYSICAL SCREENS AND BACKGROUND CHECKS FOR AN ENVIRONMENTAL PERMIT SPECIALIST AND AN ENVIRONMENTAL PLANNER. SO YOU'VE HEARD ME FOR SEVERAL MONTHS SAY THAT WE'RE PRETTY LIGHT AT THE BENCH IN THE ENVIRONMENTAL PROGRAMS, AND WE'RE HOPEFULLY, UH, IF THEY CAN PASS THE VETTING, UH, BEING ABLE TO BRING IN, UH, SOME ENVIRONMENTAL, UH, STAFF, UH, HOPEFULLY BY THE END OF THE MONTH. ONE THING THAT I DON'T REPORT ON ENOUGH IS THE WEALTH RESEARCH PARTY LEADERSHIP COUNCIL, FOR THOSE OF YOU WHO DON'T KNOW, THE WAPS RESEARCH PARK IS A, UM, UH, UH, IS A, IS A, IT'S AN ECONOMIC DEVELOPMENT SITE IN NORTHERN MACK THAT'S DIRECTLY ADJACENT TO THE WAPS FLIGHT FACILITY THAT HAS PROPERTY OWNERSHIP BY THE US NAVY COUNTY. UM, UH, THE MARINE SCIENCES RE UH, LET'S SEE, THE, UH, I'M SORRY, THE, UH, UM, THE MARINE SCIENCE CONSORTIUM, WHICH IS A CONSORTIUM OF NINE PENNSYLVANIA UNIVERSITIES, AND THEN ALSO NASA, UH, THAT WAS THE, UH, THE, THE LEADERSHIP COUNCIL IS CREATED BY STATE CODE. AND WE HAVE THE MEETING QUARTERLY, AND THEIR NEXT MEETING IS GOING TO BE WEDNESDAY, AUGUST 26TH AT 1:00 PM RIGHT HERE IN THIS ROOM. THE MACK LIBRARY ADAPTIVE REUSE PROJECT. THE BUILDING IS COMPLETELY GUTTED RIGHT NOW. UH, THERE STILL HAS TO BE SOME, UH, UM, UH, SOME, UM, UH, REPAIR TO THE, UH, WELL AND SEPTIC, OR RATHER SPECIFICALLY TO THE SEPTIC SYSTEM, EXCUSE ME. AND, UH, WE HAD HOPEFULLY EXPECTED TO GET IN THERE IN THE SPRING OF 2027. BUT THE SOONEST THE PROJECT WILL BE COMPLETED IS THE SUMMER, WHICH MEANS THAT THE PLANNING DEPARTMENT, OR I SHOULD SAY THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WILL BE, UH, HOPEFULLY IN THERE BY FALL OF 2027. I'M NOT GONNA MAKE ANY PROMISES BECAUSE THINGS HAPPEN, BUT, UH, RIGHT NOW, THE, UH, THE SOONEST THE PROJECT CAN BE COMPLETED IS THE, UH, SUMMER OF 2027. AGAIN, THAT'S GOING TO, UH, THAT'S GOING TO PROVIDE, UH, SPACE TO CONSOLIDATE, UM, MY DEPARTMENT UNDER ONE ROOF. RIGHT NOW, WE'VE GOT, UH, SOME FOLKS WHO WORK JUST BEHIND THIS WALL HERE IN, UH, IN BUILDING AND ZONING, OR WE CALL THAT CODE ADMINISTRATION. AND THEN IN THE HOUSE, OR THE, UH, FORMER LAW OFFICE, JUST ACROSS THE DRIVEWAY HERE IS THE REST OF THE DEPARTMENT FOR, UH, PLANNING, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL PROGRAMS. SO WE'RE REALLY LOOKING FORWARD TO BRINGING THE FAMILY ALL UNDER ONE ROOF. AND THEN ALSO WHAT THAT'S GOING TO DO IS TO PROVIDE, UM, IS TO PROVIDE, UH, BETTER MEETING SPACE AS WELL. SO THERE ARE GONNA BE TWO, UH, LARGER MEETING ROOMS. IT'S GONNA BE LARGER THAN THIS. AND, UH, AND, UH, WE DO HOPE TO HAVE IT, UH, TRICKED OUT WITH THE LATEST GADGETS AND EVERYTHING. BUT THAT'S THE LATEST ON THE, UH, UM, LIBRARY ADAPTIVE REUSE PROJECT. THIS CONCLUDES MY PRESENTATION, AND I CAN TRY TO FIELD ANY QUESTIONS AT THIS TIME. ANY QUESTIONS? OKAY. DOES, UH, COMMISSIONERS HAVE ANY OTHER QUESTIONS ABOUT SOMETHING ELSE YOU WOULD LIKE TO ASK THAT? NO. ALL RIGHT. OUR NEXT MEETING IS SEPTEMBER 9TH, 2026. AUGUST 25TH. THE NEXT, YEAH, THE NEXT REGULAR MEETING. REGULAR MEETING. RIGHT. SO I GUESS, YEAH, OUR NEXT JOINT MEETING IS AUGUST 25TH AT FIVE 30 IN PARSLEY. MM-HMM . AND IF YOU HAVE NOTHING ELSE, WE CAN HAVE A MOTION TO ADJOURN. SO MOVED. SECOND. MOTION IS SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. * 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.