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WITH MR. ROGERS

[00:00:02]

IS ABSENT AND, UM, MS. CONNOR HAS ASKED TO PARTICIPATE REMOTELY.

UH, PLAN COMMISSIONERS MS. CONNOR NOTIFY ME EARLIER TODAY THAT WE WOULD LIKE TO, SHE WOULD LIKE TO PARTICIPATE THIS EVENING MEETING REMOTELY BECAUSE THEY ARE MEDICAL, MEDICAL, MEDICAL.

UM, OUR ADOPTED REMOTE PARTICIPATION POLICY REQUIRES THAT ALL RE REQUESTS FROM COMMISSIONERS BE TO REMOTELY PARTICIPATE IN THE PUBLIC MEETING MUST BE RECEIVED BY THE CHAIR IN WRITING ON OR BEFORE THE DAY OF THE MEETING AND SUBJECT TO APPROVAL BY THE COMMISSION.

I CAN ATTEST THAT THE REQUEST TO PARTICIPATE REMOTELY WAS RECEIVED BY ME WRITING ON 9 9 26 IS MY UNDERSTANDING THAT COMMISSIONER CONNOR IS CURRENTLY CONNECTED VIA ZOOM TO THIS MEETING.

UH, COMMISSIONER CONNOR? CAN YOU HEAR ME? UH, I WISH TO PARTICIPATE REMOTELY FOR MEDICAL REASONS THAT PRESENT ME FROM ATTENDING THE MEETING IN PERSON.

MY LOCATION IS IN MAXVILLE, VIRGINIA.

UH, MEMBERS OF THE COMMISSION, SINCE WE HAVE A QUORUM FISCALLY AS ASSEMBLED HERE TONIGHT, WILL SOMEONE LIKE TO MAKE A MOTION TO ALLOW COMMISSIONER CONNOR TO REMOTELY PARTICIPATE IN TODAY'S MEETING IN ACCORDANCE WITH THE COMMISSION ADOPTED REMOTE PARTICIPATION POLICY? SO, SECOND.

MOTION IS SECOND.

ALL IN FAVOR SAY AYE.

AYE.

ALL RIGHT.

MOVE ON TO, UH, ADOPTION OF THE AGENDA.

DOES ANYONE HAVE ANY ADDITIONS OR SUBTRACTIONS TO THE AGENDA? I DO HAVE AN ADDITION.

I'D LIKE TO, UM, PER WHAT I HAVE PROVIDED TO THE COMMISSIONERS, I WOULD LIKE TO ADD TO THE AGENDA DISCUSSION REGARDING THE DEAL WITH STRUCTURES AND POSSIBLY MAKE A, IF WE CAN HAVE A DISCUSSION ABOUT THAT AND MAKE A RECOMMENDATION TO THE BOARD OF, UM, SUPERVISORS AND REFERENCE TO THEIR PREVIOUS AGENDA DISCUSSION THAT THEY HAD REGARDING DAILY STRUCTURES.

OKAY.

I GUESS, UM, MOTION, I MEAN, LIKE TO, UH, ADD IT TO OTHER MATTERS.

ANY OTHER ADDITIONS OR SUBTRACTIONS? OKAY.

A MOTION MOVE.

MOVE TO A DO HAVE A MOTION TO UP? SECOND.

SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

UH, MS. CONNOR? A.

OKAY.

ALRIGHT.

WE CAN MOVE ON TO THE MINUTES OF WEDNESDAY, AUGUST 12TH, 2026.

DOES ANYBODY HAVE ANY CORRECTIONS? I DO NOT.

ANYBODY WANT A MOTION TO ADOPT? IT WAS AUGUST 12TH.

YEP.

AUGUST 12TH.

YOU SAY 26TH.

DID I, I'M SORRY.

I MEANT TO SAY AUGUST 12TH, 2026.

DO YOU NEED A MOTION? ALL YES, SIR.

TO ADOPT.

ALL RIGHT.

I'LL SECOND HAVE A MOTION TO SECOND.

ALL IN FAVOR SAY AYE.

AYE.

MS. CONNOR? AYE.

ALL RIGHT.

I WILL MOVE ON TO THE PUBLIC COMMENT PERIOD.

DO WE HAVE ANYBODY SIGNED UP? WE DO.

WILL OPEN THE COM PUBLIC COMMENT PERIOD FOR CORA BAIRD.

HI.

STATE YOUR NAME AND WHERE YOU'RE FROM AND YOU HAVE FOUR MINUTES.

GREAT.

GOOD EVENING.

MY NAME IS DR.

CORA BAIRD.

I LIVE IN LOCUSTS VILLE AND I'M HERE MOSTLY IN MY CAPACITY AS THE SITE DIRECTOR FOR THE UNIVERSITY OF VIRGINIA'S COASTAL RESEARCH CENTER.

GIVEN THE AGENDA ITEM AROUND THE KAPPA REVIEW AND STUDY, UM, ONE OF THE TOPICS THAT CAME UP AROUND THAT IS MAKING SURE THAT YOU HAVE ACCESS TO SUBJECT MATTER EXPERTS.

AND SO I WANNA BE HERE TO MAKE SURE THAT YOU KNOW THAT I HAVE ACCESS TO A NUMBER OF SUBJECT MATTER EXPERTS THAT MAY BE RELEVANT IN THIS STUDY.

UM, IN PARTICULAR, I ALREADY REACHED OUT TO SOME OF OUR RESEARCHERS TO MAKE THEM AWARE OF THE FACT THAT THIS DISCUSSION IS, IS HAPPENING AND THAT A STUDY MAY BE NEEDED.

UM, AND I PROMPTLY HEARD BACK FROM MATT KERWIN, WHO IS THE CHAIR OF, UH, COASTAL AND OCEAN PROCESSES AT VIMS. AND HE IMMEDIATELY HAD INFORMATION TO SHARE REGARDING THE ELEVATION OF THE SEASIDE AND HOW IT COMPARES TO ELEVATION OF THE CHESAPEAKE COASTLINE AND HOW THAT MIGHT PLAY INTO THE COMPARISON THAT CAME UP IN THE BOARD OF SUPERVISORS COMMENT.

[00:05:01]

IN ADDITION, DR.

LARRY BAND OF THE UNIVERSITY OF VIRGINIA IS A PROFESSOR OF HYDROLOGY AND ENGINEERING AND ENVIRONMENTAL SCIENCES, AND HE IMMEDIATELY COULD POINT TO DIFFERENCES IN THINGS LIKE THE DEPTH OF THE GROUNDWATER THAT AFFECTS THE WAY THAT RUNOFF WILL RUN OFF THE DIFFERENT ELEVATIONS ON THE SEASIDE, AND HOW THAT MAY AFFECT THINGS LIKE STORMWATER EFFECTS.

SO THEY'RE AT THE READY IF YOU NEED THEM.

I WILL LEAVE MY CARD FOR THE STAFF SO THAT THEY KNOW THAT WE'RE AVAILABLE AS SUBJECT MATTER EXPERTS.

THE ONE OTHER THING THAT I WANTED TO BRING TO YOUR ATTENTION, IN CASE IT HASN'T BEEN MADE EXPLICIT YET ON THE AGENDA, ONE OF THE TOPICS IS THE AUTHORITY OF THE BOARD OF SUPERVISORS TO HAVE REMOVED THE CAPA.

AND IT CAME TO MY ATTENTION IN THESE DISCUSSIONS THAT EXTERNAL LEGAL REVIEW FOUND THAT THEY DID NOT HAVE THE AUTHORITY TO REMOVE IT THROUGH THE PROCESS THAT THEY USED.

SO, IN THE INTEREST OF A GOOD USE OF YOUR TIME, IT MIGHT BE WORTH IT TO ASK FURTHER QUESTIONS ABOUT THAT LEGALITY.

THANK YOU.

ALRIGHT, THANK YOU.

IS THERE ANYBODY ELSE WHO HAS NOT SIGNED UP? WOULD LIKE TO, UM, PARTICIPATE IN PUBLIC COMMENT? OKAY.

WE'LL CLOSE PUBLIC COMMENT.

MOVE ON TO NEW BUSINESS.

UH, RECEIVE BRIEF ON CHESAPEAKE BAY PRESERVATION AREA.

CHESAPEAKE BAY ATLANTIC PRESERVATION AREA STUDY AS DIRECTED BY THE BOARD OF SUPERVISORS.

THANK YOU, MADAM CHAIR, MEMBERS OF THE COMMISSION.

I'M LEE PAN, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.

UH, UH, TONIGHT'S BRIEFING IS SIMPLY TO OFFER YOU ALL A FRAMEWORK FOR HOW YOU COULD POSSIBLY PROCEED WITH, UH, UH, DISCHARGING THE BOARD OF SUPERVISORS.

UH, INSTRUCTIONS.

UM, YOU KNOW, IT'S A FRAMEWORK FOR THE PLANNING COMMISSIONS DISCUSSIONS THAT WILL ULTIMATELY RESULT IN A PUBLIC HEARING BY THE COMMISSION AND A RECOMMENDATION TO THE BOARD OF SUPERVISORS PER THEIR DIRECTIONS, UH, WHICH ARE STATED, UH, IN THE STAFF REPORT, UH, IN THEIR MOTION VERBATIM.

AND I'LL JUST GO AHEAD AND READ THAT.

FOR FOLKS WHO ARE LISTENING ONLINE.

UH, UH, IN JULY, THEY HAD MADE THE FOLLOWING MOTION.

I MOVED TO REFER THE CHESAPEAKE BAY PRESERVATION AREA AMENDMENT, UM, UH, ADOPTED LAST MONTH TO THE PLANNING COMMISSION TO REVIEW ITS EFFECT ON THE SEASIDE WATERSHED, TO HOLD A PUBLIC HEARING AND TO MAKE RECOMMENDATIONS CONCERNING SAME INCLUDING THE APPLICATION OF A STATE MANDATED RESILIENCY STANDARDS.

SO, AGAIN, IN THE STAFF REPORT, I LIST, UH, FOUR, UH, UH, UH, FOUR POINTS OF INTENT FOR THIS FRAMEWORK.

NUMBER ONE, IT'S JUST TO PROVIDE YOU A BROAD VIEW OF THE ASSIGNED ISSUE.

NUMBER TWO, OPPORTUNITIES TO GAIN INPUT FROM, UH, VARIOUS STAKEHOLDERS AND GROUPS FROM THE PUBLIC AFFECTED BY OR INTERESTED IN THE REGULATIONS.

THIRDLY, OPPORTUNITIES TO ENGAGE WITH SUBJECT MATTER EXPERTS AS YOU ALL HAD REQUESTED LAST MONTH, SUCH AS A SUCH A STATE AGENCIES WITH OVERSIGHT, UH, OVER CHES BAY REGULATIONS.

AND, UH, FOUR, ENOUGH TIME TO COMPILE THE REPORT, THEN HOLD A PUBLIC HEARING.

UM, UH, AGAIN, THIS IS A FRAMEWORK THAT WE'RE OFFERING.

IF THERE IS SOMETHING DIFFERENT THAT YOU WOULD LIKE TO SEE OR CHANGE, WE'D BE MORE THAN HAPPY TO, UM, UH, TO PUT THAT IN THE HOPPER.

AND, UM, AND AMEND, UH, THE BACKGROUND.

WE'VE DISCUSSED THE BACKGROUND AGAIN.

UH, ON JUNE, UH, ON JUNE 17TH, THE BOARD OF SUPERVISORS CONDUCTED A PUBLIC HEARING, UH, TO, UH, TO ACT ON THE STATE MANDATED RESILIENCY STANDARDS.

BUT IN DOING SO, UH, THEY ALSO SAW FIT TO, UH, TO, UM, AMEND THE ORDINANCE TO REMOVE THE CHESAPEAKE BAY, UH, UH, PRESERVATION, UH, REGULATIONS FROM THE ATLANTIC OCEAN WATERSHED KAPPA, AS IT'S CALLED, UH, AS IT WAS PREVIOUSLY CALLED, WAS ORIGINALLY ADOPTED ON FEBRUARY 18TH, 2009.

SOME CONSIDERATIONS FOR YOU ALL AS YOU, UM, AS YOU, UH, UH, DISCUSS.

AND TONIGHT WE'RE ONLY TALKING ABOUT THE, UH, UH, ABOUT THE FRAMEWORK.

IF YOU WANT TO DISCUSS SOME OF THE ISSUES, WE CAN START DOING THAT.

BUT AS YOU KNOW, WE'VE GOT A HEAVY WORKLOAD TONIGHT.

SO WE'RE JUST TALKING ABOUT THE FRAMEWORK, UH, FOR CONSIDERATIONS, UH, ENVIRONMENTAL ENGINEERING, ECONOMIC AND FINANCIAL CONSIDERATIONS.

AND, UH, WHAT ARE THE COST AND BENEFITS OF EACH.

UH, THERE'S ALSO SOME MACRO LEVEL REGIONAL, UH, ECONOMIC CONSIDERATIONS THAT WERE, UH, UH, THAT WERE MENTIONED IN THE 2009 REPORT.

AND AS WE ALL KNOW, A LOT OF THIS CAME ABOUT FROM, UM, FROM, UH, MEMBERS OF THE PUBLIC COMING TO THE PODIUM AND SPEAKING TO THE BOARD OF SUPERVISORS WITH THEIR CONCERNS ABOUT THE FINANCIAL COSTS OF PUTTING TOGETHER A, UH, A STORMWATER PLAN.

[00:10:02]

SOME SUGGESTED OR OFFERED APPROACHES FOR INPUT, UM, A A 30 DAY PUBLIC COMMENT PERIOD, WHICH IS SOMETHING THAT WOULD BE ADVERTISED SO THAT FOLKS CAN, UH, CAN, UH, UM, UH, CAN CALL STAFF, CAN WRITE LETTERS, OFFER REPORTS, THAT KIND OF THING, UM, JUST FOR THE GENERAL PUBLIC AND THOSE WHO ARE INTERESTED.

UH, SECONDLY, UH, INVITATIONS TO A VARIETY OF STAKEHOLDERS SUCH AS THOSE THAT WERE MENTIONED EARLIER, INCLUDING COMMUNITY AND ADVOCACY GROUPS, ENGINEERS, PROPERTY OWNERS, DEVELOPERS, UH, AND OTHERS, UH, TO SUBMIT COMMENTS.

THIRDLY, UM, AS REQUESTED BY THE PLANNING COMMISSION, ASK A SUBJECT MATTER EXPERT TO EXPLAIN, UM, INITIALLY I HAD DEQ IN MIND AND THEY HAD, UH, UH, THEY HAD INDICATED, UH, WILLINGNESS TO, UH, IF THEY CAN, IF THEY CAN SWING THE SCHEDULE TO APPEAR BEFORE THIS COMMISSION AND EXPLAIN CHESAPEAKE BAY, UH, REGULATIONS AS THEY CURRENTLY STAND.

AND AGAIN, WE HEARD EARLIER ABOUT, UH, UH, ABOUT SOME OTHER, UH, UM, STATE INSTITUTIONS THAT WOULD BE WILLING TO OFFER COMMENT ON THAT.

OTHER INFORMATION TO PROVIDE.

UH, WE INTEND TO, UH, UH, UH, REVIEW THE ORIGINAL JUSTIFICATIONS FOR CHESAPEAKE BAY PRESERVATION ACT FROM 1991, SINCE CAP THE KAPPA OVERLAY WAS BASED OFF OF THOSE REGULATIONS.

UH, AND THEN, UH, REVIEW THE ORIGINAL 2000, JUST 2009 JUSTIFICATIONS FOR, UH, FOR KAPPA AND THIRDLY, AUTHORITY OF THE BOARD OF SUPERVISORS TO AMEND THE, UH, COUNTY CODE TO, UH, DELETE APPLICATION OF THE CHEST BASED STANDARDS ON THE ATLANTIC OCEAN WATERSHED.

THE ONLY THING THAT I'LL OFFER AT THIS POINT IS THAT THE, UH, IS THAT THE COUNTY ATTORNEY HAS ISSUED ME A, UH, AN OPINION THAT THE COUNTY ACTED PROPERLY IN THAT REGARD.

AND THAT, UM, UH, UH, THAT OPINION IS, IS BASICALLY SUBJECT TO, UH, CLIENT ATTORNEY PRIVILEGE, WHICH THEY WILL BE HOPEFULLY BRINGING TO THE BOARD OF SUPERVISORS, UH, TO, UH, UH, UH, HOPEFULLY BE ABLE TO SHARE THAT.

BUT AS OF RIGHT NOW, OUR POSITION IS THAT WE HAVE ACTED PROPERLY IN THAT REGARD AND THAT, UH, UH, POSITION, UM, AND OPINION ON THAT HAS BEEN ISSUED BY THE COUNTY ATTORNEY.

UH, I WON'T GO OVER THE OPTIONS, JUST SO, UH, JUST, UH, NOT TO PREDETERMINE ANY ULTIMATE COURSES OF ACTION, BUT THOSE ARE IN YOUR STAFF REPORT JUST FOR, UH, FOOD FOR THOUGHT.

UH, AND THEN I ALSO OFFER A POSSIBLE TIMELINE.

THE INTENT BEHIND THE TIMELINE IS TO PROVIDE TIME FOR, UH, THE COLLECTION OF, UH, OF, YOU KNOW, COMMENT FROM THE PUBLIC, FROM INTERESTED STAKEHOLDERS, BUT ALSO TO, UM, TO, UH, UH, ESSENTIALLY NOT DRAG IT OUT TOO LONG.

'CAUSE WE WANNA MAKE SURE THAT WE GET THIS BACK TO THE, UH, TO THE BOARD OF SUPERVISORS.

SO WE WANNA ALLOW, UH, ENOUGH TIME TO DO ALL THAT WHILE STILL GETTING BACK TO THEM IN A TIMELY MANNER.

THERE WAS NO TIMEFRAME, UH, UH, SPECIFIED IN THEIR MOTION.

BUT, UH, WE FEEL LIKE THIS IS, UH, UH, REASONABLE.

IT IS DOABLE FOR THE STAFF, UH, GIVEN THE REST OF THE WORKLOAD THAT THE PLANNING COMMISSION HAS FOR THIS LAST QUARTER.

SO YOU'LL SEE IN THE REST OF THE AGENDA, YOUR PUBLIC HEARINGS ARE GONNA START TO STACK UP.

AND WE'RE GONNA BE TALKING ABOUT, UH, YOU KNOW, DUNCAN MANOR AND, UH, UH, HOLDING PUBLIC HEARINGS ON A VARIETY OF DIFFERENT ISSUES OVER THE NEXT COUPLE OF MONTHS.

SO I JUST WANTED THE, THE COMMISSION TO, UH, TO BE SENSITIVE TO THE, THAT WORKLOAD ISSUE THAT, UH, THAT WORKLOAD WAS ACTUALLY MENTIONED IN THE COUNTY ADMINISTRATOR'S REPORT TO THE BOARD OF SUPERVISORS.

YOU ALL ARE GONNA BE VERY BUSY OVER THE NEXT FEW MONTHS, NOT TO MENTION THE COMPREHENSIVE PLAN.

YOU'RE GONNA HAVE ANOTHER, UM, UH, UH, WORK SESSION IN OCTOBER.

SO, UH, THERE'S A LOT GOING ON HERE WITH THE, UM, WITH THE DEPARTMENT AND WITH THE COMMISSION.

AND WE CERTAINLY WANT TO, UH, ALSO BE RESPONSIVE TO THE, UM, THE PUBLIC'S CONCERNS ABOUT THIS PARTICULAR ISSUE.

THIS CONCLUDES MY PRESENTATION, AND I CAN FIELD ANY QUESTIONS AT THIS TIME.

DO YOU NEED A MOTION TO START THE METHODOLOGY PROCESS? UM, IT WOULDN'T HURT.

OKAY.

UM, AGAIN, FOR, FOR THIS, UM, SO AS A PART OF THE METHODOLOGY, THE FOUR THINGS THAT YOU LISTED, THEY SEEM REASONABLE.

UM, I WOULD SUGGEST THAT THOSE WITH A PERTINENT BSM, MSS, OR PHD PROVIDE WRITTEN COMMENTS BECAUSE THEY'RE ONLY GONNA HAVE FOUR MINUTES IF THERE'S ANY PUBLIC COMMENT.

AND I WOULD PREFER TO READ THE DETAILS OF THOSE INTERESTED PERSONS AS OPPOSED TO THEM TRYING TO STUFF IT INTO FOUR MINUTES.

YES, SIR.

SO, UNDER THE APPROACHES FOR INPUT, NUMBER ONE, A 30 DAY PUBLIC COMMENT PERIOD.

UH, AND THEN NUMBER THREE, SPECIFICALLY WITH REGARDS TO SUBJECT MATTER EXPERTS, AND AGAIN, EARLIER TONIGHT,

[00:15:01]

WE HAD SOME, UH, UH, SOME POSSIBILITIES OFFERED.

YEAH.

IT WOULD BE SUBJECT MATTER EXPERTS IS IF THEY CAN SUBMIT THAT STUFF IN WRITING MM-HMM .

AS YOU KNOW, SO THAT WE CAN REVIEW IT RIGHT IN DETAIL.

RIGHT.

SO IT'S THE STAFF'S INTENT TO, UH, TO ANNOUNCE THIS, UH, THIS COMMENT PERIOD.

OKAY.

AND WE WOULD, UH, EXCELLENT.

PUT THAT STIPULATION IN THERE.

OKAY.

SURE.

ANY OTHER QUESTIONS OR COMMENTS FOR STAFF? ALL RIGHT.

I MAKE A MOTION THAT STAFF MOVE FORWARD WITH THE CONSIDERATIONS AND THE METHODOLOGY PRESENTED SO THAT WE CAN MOVE THIS FORWARD.

ALL RIGHT.

I HAVE A MOTION.

SECOND AND A SECOND.

ALL IN FAVOR, SAY AYE.

AYE.

MS. CONNOR? AYE.

A.

OKAY.

OKAY.

MOVE ON TO B, RECEIVING INITIATING RESOLUTION TO AMEND CHAPTER 78 8 SUBDIVISION SECTION 78 DASH 13.

REGARDS REGARDING LOT VALIDATIONS.

GOOD EVENING, COUNTY PLANNER, SHAUNTICE RIDLEY.

ALRIGHT, SO AT THE BOARD OF SUPERVISORS AUGUST 19TH, 2026 MEETING, THEY, UM, ADOPTED AN INITIATING RESOLUTION TO AMEND CHAPTER 78 SUBDIVISIONS, SECTION 78, UH, DASH 13 REGARDING LOT VALIDATIONS.

UM, WE CURRENTLY, WE, LET'S SEE, WE CURRENTLY HAVE A PROCESS FOR THIS.

UM, THERE WAS A PREVIOUS AMENDMENT IN JULY OF 2023.

UM, WITH THAT AMENDMENT CAME A LIST OF CRITERIA EIGHT AND NUMBER SEVEN HAS BEEN CALLS OF A LOT OF COMPLAINTS OF TO STAFF FROM THE PUBLIC.

UM, SOME OF THOSE COMPLETE COMPLAINTS ARE ABOUT COST.

SO WITH NUMBER SEVEN, AND I'LL READ IT, IT SAYS, APPLICANT PREPARES AND SUBMITS FOR COUNTY APPROVAL, A SUBDIVISION PLA CERTIFIED BY A LICENSED SURVEYOR OR PROFESSIONAL ENGINEER SHOWING THE BOUNDARIES OF THE LOT AT ISSUE.

SO SOMETIMES WHAT'S HAPPENING HERE IS THE COST FOR THAT SURVEY PLAT, IT'S MORE THAN THE ACTUAL COST OF THE PROJECT THAT THE APPLICANT IS APPLYING FOR TO BEGIN WITH.

UM, THIS PROPOSED AMENDMENT WILL ELIMINATE THAT REQUIREMENT THAT APPLICANT SUBMIT A SEPARATE SUBDIVISION PLAN FOR REVIEW.

UM, IT'S NOT GOING TO ELIMINATE ONE THROUGH SIX.

THOSE WILL STILL STAND.

UM, AND RIGHT NOW, THIS IS JUST INFORMATIONAL.

UH, NEXT MONTH I WILL HAVE MORE INFORMATION FOR YOU.

UM, I'LL HAVE A FULL SLIDE DECK FOR YOU.

UH, WE ARE STILL WORKING ON WORKING OUT THE LANGUAGE AS OF RIGHT NOW.

UM, LET'S SEE, THERE'S ANYTHING ELSE IMPORTANT.

I NEED THE LIST HERE.

I WANT TO SAY THAT'S ALL ON THIS ONE FOR RIGHT NOW.

BUT AGAIN, WE'RE JUST TRYING TO STREAMLINE THIS AND TRY TO ELIMINATE SOME OF THE COMPLAINTS, STREAMLINE THE PROCESS.

UM, AND FOR THESE CERTAIN UNAPPROVED DIVISIONS OF LAND, WE WANT TO ELIMINATE AN APPLICANT HAVING TO GO OUT AND GETTING A NEW SUBDIVISION PLAT DONE WHEN THERE MAY ALREADY BE AT THE CIRCUIT COURT.

UM, A DEED THERE OF THE PROPERTY, WHICH SHOWS, UM, EVERYTHING IN THE LEGIBLE MANNER, UM, MEETS BOUNDS, DIMENSIONS, THOSE TYPE OF THINGS, INSTEAD OF HAVING TO GO OUT AND RECREATE SOMETHING THAT MAY BE TWO OR THREE TIMES THE PROJECT COST.

SO TRY TO ALLEVIATE THAT BURDEN.

AND AGAIN, THIS IS JUST INFORMATIONAL.

NEXT MONTH, I WILL HAVE, UH, MORE INFORMATION FOR YOU, FULL SLIDE DECK AND, UM, IT MAY BE SOME DRAFT LANGUAGE.

OKAY.

UM, ANY QUESTIONS ON THIS? ANYTHING YOU MIGHT WANT ME TO LOOK INTO TO BRING BACK ON THIS? YES.

MM-HMM .

I HAVE A, A CONCERN THAT, UH, WHAT ARE YOU GOING TO USE IN LIEU OF, IF YOU DON'T HAVE A PLA OF THE, UH, PROPERTY, UH, IT LOOKS LIKE THAT'S A PRETTY SIGNIFICANT DELETION.

SO, AND I'LL, I'LL READ THIS, UH, INTO THE RECORD.

SO THE PROPOSED AMENDMENT WILL ELIMINATE THE REQUIREMENT THAT APPLICANT SUBMIT A SEPARATE SUBDIVISION PLA

[00:20:01]

FOR REVIEW AND APPROVAL BY THE COUNTY, PROVIDED THE ORIGINAL RECORDED INSTRUMENT DEPICTING THE DIVISION CONTAINS LEGIBLE DISTANCES AND BEARINGS AND IS STAMPED BY A LICENSED SURVEYOR OR PER, OR A PROFESSIONAL ENGINEER.

SO THIS WOULD HAVE TO BE ON FILE AND MEET THAT CRITERIA, OR THEY WOULD HAVE TO, UM, HAVE A NEW ONE.

SO IT'S NOT SAYING THAT THEY WOULD MOVE THROUGH THE PROCESS WITHOUT HAVING THAT DOCUMENT AT ALL.

SO YOU'RE SAYING IF THERE WAS A PRIOR SURVEY, THAT'S GOOD ENOUGH? CORRECT.

BUT YEAH, SO A LOT.

SO IT WOULD HAVE TO BE LEGIBLE.

AND IF YOU ALL HAVE ANY CRITERIA THAT YOU WANT TO ADD TO THAT AS WELL, UM, I CAN TAKE THOSE COMMENTS.

IS THERE AN AGE LIMIT ON THAT? MEANING IF, UH, I BRING YOU A STAMPED, SO WHAT WAS, AND IT'S 10 YEARS OLD VERSUS FIVE YEARS OLD VERSUS 20 YEARS OLD.

WHAT'S THE CRITERIA THERE FOR HOW LONG AGO YOU WANT THAT SURVEY TO BE, TO HAVE BEEN COMPLETED? SO WHAT WAS APPROVED BEFORE WAS MAY 1ST, 1973 THROUGH DECEMBER 31ST, 2022.

OKAY.

UM, BUT I WILL CHECK INTO THAT TO SEE IF THOSE DATES ARE CHANGING.

OKAY.

UM, THEY'RE NOT CHANGING.

NOT, THEY'RE NOT CHANGING.

OKAY.

SO HOPEFULLY THAT ANSWERS THAT QUESTION.

YEAH.

OKAY.

EITHER QUESTIONS OR COMMENTS.

OKAY.

ALRIGHT.

AND ONE LAST THING TO READ INTO THE RECORD, THAT LAST SENTENCE IS IMPORTANT.

THE PROPOSED AMENDMENT DOES NOT ELIMINATE THE VALIDATION PROCESS OR OTHER REQUIREMENTS INTENDED TO ENSURE THAT THE LOT CAN BE SAFELY AND APPROPRIATELY DEVELOPED.

OKAY.

ALL RIGHT.

JUST TRYING TO STREAMLINE THE PROCESS AND MAKE IT A LITTLE EASIER, UM, FOR CERTAIN APPLICANTS IF WE ALREADY HAVE DOCUMENTATION THAT, UH, QUALIFIES.

OKAY.

ALRIGHT.

THANK YOU.

THANK YOU.

ALRIGHT, WE'LL MOVE ON TO SEE RECEIVING BRIEFING ON PROPOSED LANGUAGE AMENDMENTS TO CHAPTER 1 0 6, ZONING AND COMPLY WITH THE NEW STATE LAW REQUIRING LOCAL, LOCAL FEES ACCOMMODATE CERTAIN SOLAR AND BESS USES.

THANK YOU MADAM CHAIR.

UH, MEMBERS OF THE COMMISSION, AGAIN, WE PAMED AND THE, UH, UH, THE COMMISSION WAS BRIEFED ON THIS LAST MONTH BY COUNTY PLANNER SHAUNTICE RIDLEY.

AND NOT NOTHING HAS CHANGED ABOUT THAT ASPECT OF IT, EXCEPT THAT WE HAVE, UH, THAT WE HAVE PROVIDED YOU WITH SOME ACTUAL LANGUAGE THIS MONTH.

BUT, UH, JUST SOME BACKGROUND FOR THOSE WHO MAY NOT BE FAMILIAR.

THESE ARE, AGAIN, STATE MANDATES.

WE HAVE TO AMEND OUR ORDINANCE IN ORDER TO COMPLY WITH THOSE.

UM, UH, WHAT WE'RE TALKING ABOUT HERE, I'M BRIEFING ON TWO SEPARATE ORDINANCE AMENDMENTS, BUT THEY'RE CLOSELY RELATED 'CAUSE THEY'RE BOTH RELATED TO, UM, ENERGY AND RENEWABLE ENERGY.

BUT, UH, ON, ON THE FIRST ONE WITH REGARDS TO UTILITY SCALE, SOLAR, SOLAR ENERGY SYSTEMS, UH, THE STATE NOW MANDATES US TO PROVIDE A PATH FOR, UH, SOLAR FIELDS IN, UH, IN MOST ZONING DISTRICTS.

AND, UH, IT DOES NOT SAY THAT IT HAS TO BE BY.

RIGHT? WE CAN, WE CAN DO THAT BY CONDITIONAL USE PERMIT.

AND THAT'S WHAT THE, UH, THAT'S WHAT THE COUNTY STAFF IS RECOMMENDING RIGHT NOW.

SOLAR FIELDS ARE ONLY ALLOWED IN THE INDUSTRIAL DISTRICT BY CONDITIONAL USE PERMIT.

THIS AMENDMENT REQUIRES US TO ALLOW THEM IN PLACES LIKE, UM, BUSINESS DISTRICTS, UH, COMMERCIAL, AND, UM, AND, UH, I BELIEVE, UH, MIXED USES ZONING DISTRICTS AND, AND AG DISTRICTS, MOST IMPORTANTLY.

'CAUSE THAT'S WHERE MOST OF OUR INQUIRIES ARE, ARE GOING TO.

AND THAT'S WHERE MOST OF THE, UM, UH, LARGER PIECES OF PROPERTY THAT ARE SEEMED, UH, SUITABLE FOR THIS KIND OF USE, UH, ARE LOCATED IN THE AG DISTRICTS.

SO AG BUSINESS, INDUSTRIAL AND MIXED USE ZONING DISTRICTS.

AND THERE ARE, UH, THERE'S A, A, A LIST OF CRITERIA THAT WE HAVE TO, UH, THAT WE HAVE TO BUILD INTO OUR ORDINANCE.

AND THAT'S ALL LISTED HERE.

BUT, UM, UH, BASICALLY THERE ARE A LOT OF DESIGN RELATED THINGS LIKE, UH, SETBACKS, FENCING, BUFFERING, VISUAL IMPACTS OF VIEW SHEDS, UM, UH, LIGHT INTENSITY, DIMMING SOLUTION TECHNOLOGY, IF THESE SOLAR FIELDS ARE GONNA HAVE LIGHTING, UH, UH, DEQ, STORMWATER REGULATION, UH, UH, IMPERVIOUS SURFACES, UH, VEGETATIVE COVER, UH,

[00:25:01]

PLANTING OF CROPS.

ONE OF THE NEW TERMS THAT THEY'RE, THAT ARE, THAT THEY'RE COMING OUT TO DESCRIBE THAT CONCEPT IS, UM, VOLTAICS, WHICH IS ESSENTIALLY JUST CO-LOCATING THINGS LIKE POLLINATORS, THINGS LIKE, UH, UH, UH, CERTAIN CROPS ALONG WITH THOSE SOLAR FIELDS, UM, WILDLIFE PASSAGE AND OF COURSE DECOMMISSIONING AGREEMENTS.

AND, UM, AND, UH, UH, WE ALSO HAVE TO NOTIFY THE STATE CORPORATION COMMISSION OF EVERY LAND USE DECISION THAT WE MAKE PERTAINING TO SOLAR FIELDS.

SO THAT IS JUST A QUICK RUNDOWN OF THE, UM, OF THE, OF THE REQUIREMENT ITSELF.

ALSO INCLUDED IN THERE, AGAIN, IS RIGHT NOW WE ONLY ALLOW THEM IN INDUSTRIAL DISTRICTS BY CONDITIONAL USE PERMIT.

THE EFFECT OF THIS ORDINANCE WILL ALLOW THEM IN THOSE OTHER ZONING DISTRICTS.

BUT WE ARE RECOMMENDING THAT THEY STILL BE ALLOWED BY CONDITIONAL USE PERMIT, WHICH WILL GIVE THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS, UH, WILL, WILL STILL GIVE, UM, THAT A SAY SO IT'S NOT A BY RIGHT PROCESS WHERE IT WOULD JUST BE REVIEWED BY, UH, STAFF AND THEN APPROVED BY STAFF.

IT WOULD STILL REST IN YOUR HANDS ALONG WITH THE BOARD.

I'M GONNA PAUSE THERE AND SEE IF ANYONE'S GOT ANY QUESTIONS.

UM, ON THIS, UH, UH, IT, YEAH.

WHAT'S THE TIMELINE ON THIS? WELL, UH, WE ARE ASKING FOR A PUBLIC HEARING TO, FOR, FOR THIS TO GO TO PUBLIC HEARING NEXT MONTH.

SO, SO IF IT WAS REQUIRED A CONDITIONAL USE PERMIT AND SOMEBODY WANTED, SHALL WE SAY PRIME FARMLAND, WE COULD INDICATE THAT IT WOULD BE PREFERRED, THAT IT WOULD BE MARGINAL OR LOWER PRODUCTIVE FARMLAND.

YOU COULD CERTAINLY RECOMMEND THAT.

UM, UH, UH, IF DENIAL IS RECOMMENDED, THEN THE REASON WOULD HAVE TO BE STATED IN THE MOTION.

MM-HMM .

AND IN THAT RECOMMENDATION TO THE BOARD OF SUPERVISORS, IN TERMS OF THE CRITERIA THAT'S HANDED DOWN BY THE STATE, UH, SOILS IS NOT ONE OF 'EM.

MM-HMM .

BUT IT COULD STILL, YOU KNOW, I, I DON'T SEE ANY REASON WHY YOU COULDN'T MENTION THAT IN YOUR RECOMMENDATION OR IN YOUR DELIBERATIONS.

I DON'T THINK THERE'S A PATH TO NO.

THE STATE'S FORCING THIS DOWN OUR THROAT AND WE HAVE TO LIVE WITH IT MM-HMM .

SO RICHMOND IS RULING US WITH AN IRON FIST.

OKAY.

GRANTED, WHY DIDN'T THE STATE DO IT THEMSELVES? I MEAN, THEY COULD HAVE EASILY HAVE DONE IT AT THE LEGISLATOR AND SAID, STATEWIDE, THIS IS WHAT'S GOING TO HAPPEN.

YOU SAID THEY DON'T, UH, NOT, BUT IF WE DON'T DO IT, THEN WE HAVE TO SUBMIT IN WRITE AND WHY WE DIDN'T DO IT OR WHY WE DIDN'T APPROVE IT.

SO IT LOOKED LIKE THEY WERE CONTROLLING THAT, DETERMINING WHAT WE'RE GOING TO SAY.

SO WHY DON'T THEY JUST DO IT IN RICHMOND AND LEAVE US OUT OF IT? RIGHT.

I WOULD, I WOULD SAY THAT, UM, UH, I JUST WANT TO CLARIFY.

THE REASON FOR A DENIAL OF A PERMIT, I, I THINK IS WHAT THEY'RE SAYING HERE.

IF, YOU KNOW WHAT, AFTER WE, UH, AFTER WE APPROVE THIS AND IT GOES THROUGH A PROCESS, AND I CAN GET MORE CLARIFICATION ON THAT, IF YOU KNOW WHAT WE'RE TALKING ABOUT.

THE REASON FOR THE DENIAL, IS IT THE REASON FOR THE DENIAL OF ADOPTING THE STANDARDS? OR IS IT THE REASON FOR THE DENIAL OF, UH, OF RECOMMENDING OR RECOMMENDING DENIAL OF A PERMIT WHEN THAT TIME COMES? UH, IT'S MY UNDERSTANDING THAT IF WE WERE TO RE, IF THE COMMISSION WERE TO RECOMMEND DENIAL OF A PERMIT, YOU'D HAVE TO STATE THE REASON FOR THAT.

BUT THERE IS NO, UM, UH, UH, TO YOUR POINT, THERE'S NO, UH, UH, FLEXIBILITY IN WHETHER OR NOT WE CAN ADOPT THIS.

WE HAVE TO ADOPT THIS.

MY POINT EXACTLY.

, WELL, YOU KNOW, WE, WE HAD MANY LESSONS FROM THE PREVIOUS, UH, YOU KNOW, COMMERCIAL SOLAR FACILITY IN NORTHERN PART OF THE COUNTY.

AND THAT WAS THE REASON THAT WE OPTED TO EXCLUDE FARMLAND.

RIGHT.

PLUS OUR COMMITMENT TO PURDUE AND TYSON AND OTHER POULTRY OPERATIONS ON THE SHORE.

YOU KNOW, ALL THE CORN PRODUCED ON THE DEL MARVA PENINSULA SUPPORTS THE POULTRY INDUSTRY.

NO, NO CORN LEAVES ASHORE.

RIGHT.

I THINK THAT THERE ARE, UM, AND, AND, UH, WE DON'T HAVE A WHOLE LOT OF INFORMATION ON THIS, ALTHOUGH THERE IS, THERE IS INFORMATION ON IT, BUT, UH, THERE MAY BE OTHER OPPORTUNITIES FOR CO-LOCATION LIKE PARKING LOTS, ROOFTOPS, THAT KIND OF THING.

[00:30:01]

UH, BUT WHAT THIS IS REALLY GEARED TOWARDS IS THE, IS THE LARGE UTILITY SCALE, UH, CAN UTILITY SCALE SOLAR BE ACHIEVED OVER THINGS LIKE PARKING LOTS AND ROOFTOPS? IF THAT'S A QUESTION THAT YOU WANT TO ASK, YOU KNOW, AFTER ALL THIS IS SAID AND DONE, WHEN YOU ARE, UM, UM, WHEN YOU'RE DISCUSSING OR REVIEWING A CONDITIONAL USE PERMIT, WE CAN CERTAINLY BRING THAT INFORMATION.

BUT, UM, UH, THE POINT IS CERTAINLY WELL TAKEN WITH THOSE LESSONS AND LEARNED FROM, FROM NORTHERN MACK AND THE AMAZON FIELD.

MM-HMM .

I DO HAVE ONE QUESTION.

YES, MA'AM.

IN STAFF'S REPORT, IT SAYS, THE PLANNING COMMISSION RECOMMENDS APPROVAL.

IT MUST INCLUDE REGULATIONS AND PROVISIONS CONSISTENT WITH RELATING TO THE FOLLOWING, YOU KNOW, SETBACKS, FENCING, LANDSCAPING, BUFFERING.

SO WHEN WE HAVE THE PUBLIC HEARING AND MAKE A DECISION, WE NEED TO KNOW WHAT WE'RE GONNA BE, UH, WHAT KIND OF SETBACKS AND STUFF WE NEED.

SO I'M NOT SURE IF WE'RE READY TO GO TO PUBLIC HEARING WITHOUT DISCUSSING SOME OF THIS.

IS THAT, IS THAT HOW WE READ IT? WELL, UM, UH, IN THE LANGUAGE WE DO, UH, PROVIDE, UH, THOSE SETBACKS IN THERE.

YEAH.

IT'S, IT'S ALL IN THE LANGUAGE.

OH, OKAY.

THAT WAS, UH, SUBMITTED IN THE, WITH THE STAFF REPORT.

GOTCHA.

OKAY.

THANK YOU.

MM-HMM .

ANY OTHER QUESTIONS? I DON'T THINK WE GET THE QUESTION ANYTHING ANYMORE.

I THINK WE JUST DO WHAT RICHMOND SAYS AND KEEP OUR MOUTH SHUT.

THAT'S, WELL, WE GOT SOME, YOU CAN DO SOME WITH THE SETBACKS AND STUFF, SO, MM-HMM .

MS. CONNOR, DO YOU HAVE ANY QUESTIONS FOR STAFF? UH, OKAY.

SO WOULD DO, UH, SO I GET A MOTION FOR A PUBLIC HEARING FOR, FOR NEXT MONTH, WHICH WOULD BE OCTOBER 14TH.

SO WHO DID THE MOTION? I GAVE IT TO WHITE.

HUH? I GAVE IT TO WHITE.

I THINK THEY BOTH SET IT AT THE SAME TIME.

.

MR. WHITE HAD HAD A MOTION.

ANYONE? ONE SECOND.

I'LL SECOND.

ALL RIGHT.

HAVE A MOTION A SECOND TO HAVE A PUBLIC HEARING ON OCTOBER 14TH, NEXT MONTH.

ALL IN FAVOR SAY AYE.

AYE, MS. CONNOR.

AYE.

ALL OPPOSED? OKAY, WE MOVE ON TO, SO, UM, THE, THE SECOND ORDINANCE AMENDMENT PERTAINING TO ENERGY IS WITH REGARDS TO, UH, BUSES OR BATTERY ENERGY STORAGE SYSTEMS. AND THE ONLY THING THAT WE'RE TALKING ABOUT HERE IS, OH, UM, AGAIN, UH, FROM THE STATE CODE, UH, NOW TELLS US THAT WE HAVE TO ALLOW BATTERY ENERGY STORAGE SYSTEMS BY RIGHT AS AN ACCESSORY USE, BUT ON EXISTING SOLAR FIELDS THAT WERE APPROVED BY A CONDITIONAL USE PERMIT.

UM, SO, UH, IF SOMEONE WANTED TO APPROVE, UH, WANTED TO, UH, UH, UH, PROPOSE A STANDALONE ONE, THEY STILL HAVE TO GO THROUGH THE PROCESS THAT WE TALKED ABOUT EARLIER THIS YEAR, LATE LAST YEAR, UH, UH, INDUSTRIAL ZONING WITH A CONDITIONAL USE PERMIT.

THIS ORDINANCE AMENDMENT ONLY TALKS, UH, ONLY APPLIES TO EXISTING OR APPROVED SOLAR FIELD.

SO, FOR EXAMPLE, IF THERE IS ANOTHER SOLAR FIELD THAT WERE TO COME A UTILITY SCALE SOLAR FIELD THAT WERE TO COME TO AKAMAK, THEN THAT ONE WOULD BE ELIGIBLE FOR A BUYRIGHT, UM, UH, ENERGY STORAGE SYSTEM AS AN ACCESSORY USE.

SO WHAT THE ORDINANCE AMENDMENT DOES, IT DEFINES THE NEW TERM.

AND, UH, UH, IT INCLUDES LANGUAGE TO REQUIRE COMPLIANCE WITH SAFETY, ENVIRONMENTAL FIRE, UH, FLOOD AND STORM STORMWATER, UH, REGULATIONS.

AND IT UPDATES GRAMMAR AND STAFF TITLES.

SO, UH, IT, IT REFERS TO, UM, UH, UH, OUTDATED OR OBSOLETE TERMS, AND THAT'S WHAT WE HAVE UPDATED.

BUT, UM, THAT'S REALLY WHAT WE'RE JUST TRYING TO, UH, PUT INTO THE CODE THAT JUST, AGAIN, COMPLIES WITH THE, UM, UH, WITH STATE LAW.

THAT CONCLUDES MY PRESENTATION, AND I CAN FEEL ANY QUESTIONS ON THAT AS WELL.

I GUESS I DO HAVE ONE QUESTION.

WHEN WE GO BACK TO THE BATTERY, UM, ORDINANCE THAT WE HAD A FEW MONTHS AGO, UH, WE WERE GOING BACK AND FORTH ABOUT A HUNDRED, UH, 200 FOOT SETBACK.

AND THEN IF THE BOARD OF SUPERVISORS, UM, COULD SET THAT BACK TO A HUNDRED, WHERE WERE WE? WHERE DID WE END

[00:35:01]

UP WITH THAT? WITH THE BOARD OF SUPERVISORS SO THAT, UM, UH, THAT WE'LL CALL IT DISCRETIONARY LANGUAGE TO REDUCE THAT SETBACK WOULD HAVE TO BE FOR GOOD CAUSE SHOWN.

UH, IT'S NOT JUST A, IF SOMEONE WANTS TO COME IN AND ASK FOR A, YOU KNOW, A, A 100 FOOT WAIVER FROM THE 200 FOOT REQUIREMENT, UH, THEY WOULD HAVE TO SHOW SOME PRETTY GOOD REASONS FOR THAT, AND THEY WOULD HAVE TO COMPENSATE FOR ANY, ANY LOSS OF SAFETY THERE, IF YOU WILL.

SO IF, UH, IF THEY WERE TO REDUCE THAT FROM 100, FROM 200 TO 100, UH, MAYBE THEY'D HAVE TO BUILD A WALL OR A BERM OR SOMETHING LIKE THAT.

BUT, UH, THERE WAS, UH, IF I RECALL CORRECTLY, SOME LANGUAGE BUILT IN TO COMPENSATE FOR THE REDUCTION WITH SOME SORT OF, UM, UH, UH, YOU KNOW, SOME SORT OF, UH, UH, UH, FEATURE.

OKAY.

I COULDN'T REMEMBER.

ALL RIGHT.

THANK YOU.

ANY OTHER QUESTIONS? AND, AND WE ARE ALSO ASKING FOR A, AN OCTOBER 14TH, UH, HEARING ON THIS AS WELL.

WAS THAT TWO PART OKAY.

I'M, I'M NOT SURE WHAT YOUR, UM, WHAT YOU WANNA PUBLIC HERE ON.

WE JUST DID THE, UM, 1 0 6 ZONING TO COMPLY WITH NEW STATE LAW.

THAT WAS FOR, UH, UH, UTILITY SCALE SOLAR, AND I JUST BRIEFED ON THE BATTERY ENERGY STORAGE SYSTEM.

OH, SO THERE'S TWO SEPARATE ONES? YES, MA'AM.

OKAY.

ALL RIGHT.

SO WE GET A MS. CONNOR, DO YOU HAVE ANY QUESTIONS FOR STAFF? NO.

OKAY.

SO MOVE SOMEBODY, MAKE A MOTION TO HAVE, UH, THE AMENDMENTS TO THE BATTERY STORAGE USES ON, UH, OCTOBER 14TH, PUBLIC HEARING.

PUBLIC HEARING.

PUBLIC HEARING.

YES, SIR.

MIGHT AS WELL INCLUDE IT WITH THE OTHER ONE.

RIGHT.

WE'RE GONNA DO IT SEPARATELY.

I GET A MOTION TO, UM, SAME DAY, SEPARATE, SEPARATE PUBLIC HEARING.

MM-HMM .

SO I MAKE A MOTION THAT WE HAVE THE PUBLIC HEARING ON THE SAME DAY AS THE OTHER ONE ON OCTOBER 14TH.

OKAY.

I HAVE A MOTION.

SECOND AND A SECOND.

ALL IN FAVOR SAY AYE.

AYE, MS. CONNOR? AYE.

ALL OPPOSED.

OKAY.

ALL RIGHT.

THANK YOU.

WE, UH, MOVING ON TO D RECEIVE BRIEFING ON INITIATING RESOLUTION OF AMENDED CHAPTER 1 0 6, ZONING TO REGULATE HOME-BASED CHILDCARE SYSTEMS. SHANTI FRIDLEY COUNTY PLANNER AGAIN.

UM, SO AT THEIR AUGUST, ALSO AT THE AUGUST 19TH, UH, 2026 BOARD OF SUPERVISORS MEETING, UM, THEY PASSED AN INITIATING RESOLUTION TO AMEND CHAPTER 1 0 6 ZONING AND TWO REGULATE HOME-BASED CHILDCARE SYSTEMS. UM, SO THIS COMES FROM HOUSE BILL 2 58 AND THE CHANGES, UH, THAT WERE MADE WITH THAT BILL, UM, IT CHANGES THE STATUTES GOVERNING THESE HOME-BASED CHILDCARE, UM, SYSTEMS. AND ONE OF THE CHANGES WERE TO THE TERMINOLOGY.

SO RIGHT NOW, UM, WITH OUR CODE SAYS, OUR ORDINANCE SAYS IT'S FAMILY DAY HOME, BUT WE ARE CHANGING FAMILY DAY HOME WITH THE TERMINOLOGY HOME-BASED CHILDCARE SYSTEM.

UM, THERE WERE ALSO RELATED CHANGES TO HOW THESE CHILDCARE ARRANGEMENTS ARE ADDRESSED UNDER STATE LAW.

AND DUE TO THESE CHANGES, WE NEED TO UPDATE OUR ORDINANCE SO THAT THEY ARE CONSISTENT.

SO WHAT DOES, UM, HOUSE BILL 2 58 CHANGE, OR WHAT DOES IT CHANGES, UM, TO VIRGINIA CODE OF VIRGINIA 15.2 DASH 2292 FOR, UM, HOME-BASED CHILDCARE SYSTEMS THAT WILL BE SERVICING ONE TO FOUR CHILDREN.

THEY ARE NOW GOING TO, WE ARE NOW, UH, REQUIRED TO TREAT THEM AS A SINGLE FAMILY RESIDENCE FOR ONE SERVICING FIVE TO 12 CHILDREN.

STATE LAW NOW ALLOWS FOR AN ADMINISTRATIVE PROCESS THAT WILL ALLOW THOSE WITH EITHER, UM, THEY'LL EITHER BE PERMITTED CONDITIONAL USE OR THEY WILL REQUIRE A SPECIAL EXCEPTION.

AND THAT'S OVER, UM, MULTIPLE ZONING DISTRICTS.

UH, STAFF IS STILL WORKING THROUGH THE ORDINANCE LANGUAGE.

UM, SO WE'RE NOT AT THE POINT OF PRESENTING ANY LANGUAGE TO YOU TONIGHT.

UH, WE'RE NOT REQUESTING ANY ACTION THIS EVENING.

AND AT NEXT MONTH'S MEETING WILL COME BACK WITH HOPEFULLY SOME DRAFT LANGUAGE AND SOME MORE INFORMATION FOR YOU.

OKAY.

ANY QUESTIONS ON THIS?

[00:40:01]

WILL THIS MAKE IT EASIER FOR PEOPLE TO PROVIDE CHILDCARE IF THEY SHALL CHOOSE TO START A BUSINESS TO PROVIDE CHILDCARE? OR IS IT GOING TO, SINCE IT SOUNDS LIKE IT'S GONNA MAKE IT EASIER? I WOULD HOPE SO.

I WOULD THINK IT WOULD.

OKAY.

ANY OTHER QUESTIONS? ANYTHING FOR THIS YOU MIGHT WANT ME TO COME BACK WITH OR RESEARCH IN THE MEANTIME? DO WE NEED TO KNOW WHAT THE ADMINISTRATIVE PROCESS IS? UM, SO THE ADMINISTRATIVE PROCESS WOULD BE, STAFF WOULD COME UP WITH THAT AT A LATER DATE.

IT WOULD BE PERMITTED CONDITIONAL USE OR USE REQUIRING OF SPECIAL EXCEPTION.

OKAY.

OKAY.

YEAH.

SO, BUT MORE INFORMATION, MORE DETAILS ON THAT NEXT MONTH.

UM, SO HOPEFULLY WE'LL HAVE SOME PROPOSED LANGUAGE THAT'LL GO MORE INTO DETAIL WITH THAT.

OKAY.

YEAH.

ALRIGHT.

IS THERE OTHER REGULATION IN THE COUNTY OR FROM THE STATE TO INSPECT THESE PLACES OR AGES, OR, THIS IS JUST THE STATE TELLING US WE NEED TO CHANGE THE NAME.

YEAH.

SO THERE ARE OTHER, OTHER AGENCIES, YEAH, OTHER AGENCIES THAT DO THAT.

THAT'S FINE.

THANK YOU.

NOT US.

MS. CONNOR, DO YOU HAVE ANY QUESTIONS FOR STAFF? NO.

OKAY.

THANK YOU.

ALL RIGHT.

THANK YOU MADAM CHAIR.

IF I COULD OFFER JUST A COUPLE OF, UH, REMARKS ON THIS CHILDCARE ISSUE.

UM, RIGHT NOW WE HAVE VERY LITTLE LANGUAGE IN THE ZONING ORDINANCE THAT ACCOMMODATES CHILDCARE.

THE COUNTY ADMINISTRATION NOW HAS A, A, UH, UH, A CHILDCARE INCENTIVE, IF YOU RECALL, OR IF, UH, IF, UM, YEAH, WELL IF YOU, IF YOU RECALL OR THE, THE CHILDCARE INCENTIVE ORIGINALLY WAS GEARED TOWARDS BRICK AND MORTAR CHILDCARE DAYCARE CENTERS.

UM, AS PARTICULARLY IN NORTHERN MACK, NASA HAS OPENED AN ON-BASE CHILDCARE FACILITY, AND IT WAS THEN SEEN AS, UH, AND, AND, UH, ANY, ANY PROVISION OF CHILDCARE FROM A COMMERCIAL STANDPOINT OFF BASE WOULD BE COMPETING WITH THE NASA FACILITY, PARTICULARLY WHEN YOU'RE TALKING ABOUT ALL THOSE COMPANIES THAT WORK ON BASE, UH, THE US NAVY, NASA, UH, NORTHROP, ROMAN, VIRGINIA SPACE, UH, ROCKET LAB, ALL OF THOSE FOLKS.

AND THEY WOULD BE GOING TO THE, TO THE NASA FACILITY.

UH, UH, UH, THE ADMINISTRATOR, THE COUNTY ADMINISTRATION, UH, UH, PIVOTED AWAY FROM, UH, UH, FROM THE BRICK AND MORTAR COMMERCIAL CHILD DAYCARE CENTERS.

AND, UH, IN THE HOPES OF HOPEFULLY GROWING A HOME-BASED, UH, UH, CHILDCARE, UH, PROVIDER INTO SOMETHING LIKE THAT, UH, WE, WE PIVOTED TOWARDS INCENTIVIZING THE HOME-BASED SOLUTION.

IN REVIEWING ALL OF THAT, WE ALSO REVIEW THE ZONING ORDINANCE TO FIND THAT WE REALLY DON'T TALK ABOUT CHILDCARE VERY WELL IN THE ZONING ORDINANCE.

SO THIS WILL CERTAINLY FIX THAT.

RIGHT NOW WE ARE DEALING WITH CHILDCARE.

IF SOMEONE WERE TO COME IN TOMORROW AND SAY, I WANT TO DO CHILDCARE IN THE HOME, WE TREAT THAT AS A HOME OCCUPATION.

UM, WHICH IT DOESN'T QUITE FIT IN WITH THIS.

BUT, UH, WHEN, WHEN WE ADOPT THIS, WE WILL SETTLE THAT QUESTION ONCE AND FOR ALL.

WHAT, UH, WHAT THIS ONLY ADDRESSES OR THE IN-HOME, UH, THE HOME BASED SOLUTIONS.

BUT I JUST WANTED TO OFFER SOME OF THAT ADDITIONAL BACKGROUND TO, UH, UH, TO, TO PROVIDE TO THE COMMISSION SO THAT Y'ALL CAN UNDERSTAND SOME, UH, SOME OF THE NON-LEGAL, UH, UH, UH, I GUESS ELEMENTS OF THIS, UH, OF THIS ISSUE.

THAT'S UP TO FOUR CHILDREN.

IS THAT WHAT I HEARD? UH, SO ACCORDING TO THE STAFF REPORT, ONE TO FOUR WOULD HAVE TO BE TREATED AS A, UH, AS A, UM, UH, UH, A SINGLE FAMILY RESIDENCE.

SO WE WOULD NOT EVEN GET INVOLVED WITH THAT.

OKAY.

NOT AT, UH, NOT AT THE, UH, AT THE, AT THE LOCAL LEVEL.

UM, SINCE IT WOULD BE TREATED AS A SINGLE FAMILY RESIDENCE, I DON'T THINK THAT THE STATE WOULD BE INVOLVED IN THAT AS WELL.

UH, TO YOUR QUESTION, COMMISSIONER TYLER, ABOUT WHO, WHO REGULATES THESE? UH, CURRENTLY THE DEPARTMENT OF EDUCATION REGULATES THEM.

PREVIOUSLY IT WAS THE DEPARTMENT OF SOCIAL SERVICES, BUT NOW IT'S THE DEPARTMENT OF EDUCATION.

THEY'RE THE ONES WHO WOULD BE DOING THE INSPECTIONS OF THE ONES FROM FIVE TO 12.

UH, CHILDREN.

ANYTHING OVER 12 WOULD NOT BE, UM, UH, ELIGIBLE TO BE DONE IN HOME.

IT WOULD HAVE TO BE IN A PROPER, UH, UH, COMMERCIAL CHILD DAYCARE SETTING.

[00:45:01]

SO YOU'RE SAYING A LOCAL PERSON WHO HAS FIVE OR SIX KIDS WHO DOESN'T GET A PERMIT OR ANYTHING NOW AND GETS TURNED IN, THEY'RE GONNA HAVE TO GO THROUGH GETTING A SPECIAL USE PERMIT OR SOMETHING TO WATCH CHILDREN AT HOME FOR $10 A DAY.

SO FOR THAT SECOND BULLET POINT THERE, IT SAYS THAT LOCALITIES ARE PERMITTED TO CLASSIFY.

THAT DOESN'T MEAN THAT WE HAVE TO, I THINK THAT TO YOUR QUESTION AGAIN, COMMISSIONER TYLER, HOW CAN WE MAKE THIS EASIER? WE COULD STILL DO IT BY RIGHT, AS AN ADMINISTRATIVE STAFF REVIEW.

UH, BUT IF THERE ARE CERTAIN INSTANCES WHERE THE PLANNING COMMISSION MAY SEE, UM, YOU KNOW, AN INCOMPATIBILITY WITH A NEIGHBORHOOD, UH, YOU MAY, YOU KNOW, AGAIN, IT SAYS YOU ARE PERMITTED TO CONSIDER A HIGHER LEVEL OF SCRUTINY, BE THAT SPECIAL EXCEPTION OR CONDITIONAL USE OR WHAT HAVE YOU.

UM, BUT WE HAVE NOT REALLY TALKED AT THE STAFF LEVEL WHAT PROCESS, ALTHOUGH WE WEREN'T REALLY CONSIDERING THAT HIGHER LEVEL OF SCRUTINY.

WE WERE, WE WERE REALLY THINKING, UH, AT LEAST IN MY MIND, I WAS THINKING MORE OF A BUY RIGHT, UH, UH, A BUY RIGHT TYPE PROCESS WITH SOME GOOD, UH, UH, CRITERIA OR SOME CONTROLS IN PLACE.

UH, WHAT I WILL SAY IS THAT, UH, ONE OF THE, ONE OF THE IMMEDIATE CONCERNS THAT I HAVE FOR CHILD DAYCARE IN A NEIGHBORHOOD SETTING OR LIKE A, A NARROW COUNTRY LANE TYPE SETTING, UH, IF, IF THE VEHICULAR ACCESS, IF YOU HAVE, UM, 12 UNRELATED CHILDREN SHOWING ALL UP AT THE SAME TIME IN 12 DIFFERENT CARS, THEN THAT'S GONNA HAVE IMPACTS TO THE NEIGHBORHOOD AND TO THAT NARROW COUNTRY LANE.

SO WHAT DO WE DO ABOUT THAT? YOU KNOW, DO WE REQUIRE, FOR INSTANCE, A HORSESHOE, UH, A HORSESHOE SHAPED DRIVEWAY JUST TO KIND OF KEEP THAT TRAFFIC FLOWING AND OUT OF THE, YOU KNOW, OUT OF THE FLOW OF TRAFFIC? THESE ARE JUST SOME OF THE THINGS THAT WE'RE RIGHT NOW CONSIDERING IN THE LANGUAGE, BUT, UH, YOU KNOW, SPECIFICS LIKE THAT WILL BRING MORE TO YOU NEXT MONTH.

OKAY.

THERE'S A REAL NEED FOR CHILDCARE, BUT, UH, YOU KNOW, ONCE AGAIN, IF WE THROW TO THE ROADBLOCKS IN FRONT, YOU'RE NOT GOING TO GET INTO, WE HAVE TO REQUIRE SO MANY BATHROOMS. SO MANY, CORRECT.

AND, AND, AND THAT'S WHY THE FIVE TO 12 IS KIND OF APPEALING, UH, UH, TO, UH, CERTAIN PROVIDERS WHO MIGHT NOT NECESSARILY HAVE TO PROVIDE THAT OUTDOOR PLAY AREA THE APPROPRIATE NUMBER OF, UH, BATHROOMS. UH, UM, BACK IN 2025, THE COUNTY ADMINISTRATOR HELD A CHILD DAYCARE, UH, ROUND TABLE UP AT THE, UM, AT THE, UH, RESEARCH, I'M SORRY, THE, UH, OF THE, UH, CHICKEN TEAM BAY FIELD STATION.

AND THE PRIMARY CONCERN, UH, FROM THE, FROM THE PROVIDERS THAT WERE IN ATTENDANCE, WAS THE NUMBER OF BATHROOMS THAT WERE REQUIRED IN ORDER TO, UH, IN ORDER TO GET THEIR LICENSE.

YEAH.

ANY OTHER QUESTIONS? NO, I THANK, SIR.

WOULD THEY CONSIDER THE 12 DUE TO THE FACT THAT THEIR SHIFT WORK IN THIS AREA, ONE SHIFT OR TWO SHIFTS, HOW WOULD, HOW WOULD THAT, HOW WOULD SOMEONE LOOK AT THAT WHEN YOU SAY FIVE TO 12? IS IT PER SHIFT, HOURS OF OPERATION, AREN'T COVERED IN THE STATE CODE OR NOR ARE THEY COVERED IN, UM, UH, UH, IN ANY CURRENT REGULATION IN THE ZONING ORDINANCE, UM, THAT, UH, YOU KNOW, GIVEN THE TYPES OF WORK THAT OCCURS HERE IN MACK, UM, YOU KNOW, UH, POULTRY PROCESSING, FOR EXAMPLE, SOME OF THE WORK THAT'S HAPPENING UP IN, UH, UP, UP ON BASE MAY, MAY ENTAIL SHIFT WORK.

I DON'T KNOW.

BUT, UM, BUT, UH, UH, THAT'S SOMETHING THAT THE PLANNING COMMISSION MAY WANT TO CONSIDER AS WE BRING THAT LANGUAGE TO YOU, WHETHER OR NOT TO LIMIT HOURS OF, UH, OPERATION.

WELL, MY QUESTION, WELL, MY QUESTION WAS SAY, UM, 'CAUSE PEOPLE WORK LIKE DAY SHIFT, NIGHT SHIFT, SOME CALL IT GRAVEYARD, ITS LATE NIGHT SHIFT.

YOU KNOW, WOULD THERE BE A LIMITATION ON HOW MANY CHILDREN THAT THEY COULD HAVE PER SHIFT? IS WHAT I WAS ASKING.

SO IF, IS IT 12 A TOTALITY OF THE 24 HOUR TIME? I UNDERSTAND.

SO YOU'RE ASKING IF THERE'S A, IF THERE'S AN, A CUMULATIVE, UH, AMOUNT OF CHILDREN THAT YOU CAN, UH, RIGHT.

UH, UH, 12.

IT'S MY UNDERSTANDING THAT WE TREAT THE FIVE TO 12 AS AN OCCUPANCY STANDARD, MEANING FIVE TO 12 CHILDREN AT A TIME.

ALRIGHT.

GOT OKAY.

OKAY.

[00:50:02]

ALL RIGHT.

ANY OTHER QUESTIONS? OKAY.

WE CAN MOVE ON TO BRIEFING OF THE CONDITIONAL USE PERMIT 0 0 0 1 4 9 DASH 2026.

TOWN OF WATER WELLS.

UM, UH, THANK YOU MADAM CHAIR, MEMBERS OF THE COMMISSION.

UH, THIS IS A CONDITIONAL USE PERMIT THAT THE PLANNING COMMISSION AND BOARD OF SUPERVISORS HAD PREVIOUSLY CONSIDERED BACK IN 2018.

UH, THAT CONDITIONAL USE PERMIT HAS SINCE EXPIRED.

IT WAS RECOMMENDED FOR APPROVAL BY THE STAFF AND THE COMMISSION AND SUBSEQUENTLY, UH, APPROVED BY THE BOARD OF SUPERVISORS IN, UM, UH, AGAIN IN 2018.

UM, THERE WERE, UH, THREE CONDITIONS THAT WERE APPROVED AT THAT TIME, AND, UH, THOSE ARE IN YOUR STAFF REPORT.

BUT, UM, UH, WHAT WE ARE ASKING FOR IS, UH, SINCE THE APPLICATION ESSENTIALLY HASN'T CHANGED, AS A MATTER OF FACT, THEY SUBMITTED THE EXACT SAME MATERIALS FROM 2018 THIS TIME.

AND, UH, UH, WITH THAT BEING SAID, AND ALSO UNDERSTANDING A COUPLE OF THINGS.

NUMBER ONE, THE, UH, THE STAFF AND COMMISSION'S RECOMMENDATION AT THE TIME WITH THE BOARD OF SUPERVISORS APPROVAL.

UH, AND NUMBER TWO, THE WELL-DOCUMENTED COMMUNITY NECESSITY FOR THIS, UM, FOR THIS, UH, UH, UH, MUNICIPAL WATER WELL FIELD FOR THE TOWN OF SHIITE.

UH, WHICH TOWN MANAGER MIKE TOLBERT ISSUED THAT, UH, NARRATIVE TO THE STAFF TODAY, WHICH WE HAVE, UM, WHICH WE HAVE PRINTED AND PROVIDED EACH OF YOU WITH A COPY, UH, UH, THOSE TWO ITEMS. UH, OR, OR, YOU KNOW, WE ARE ASKING FOR, UH, SOME CONSIDERATION ALONG WITH THE COUNTY ADMINISTRATOR TO, UH, TO MOVE THIS ALONG SINCE A LOT OF THE JUSTIFICATIONS ARE THE SAME FROM 2018.

THE SITE HASN'T REALLY CHANGED SIGNIFICANTLY.

AND AGAIN, THE MATERIALS THAT THEY SUBMITTED IN 2018 ARE THE SAME ONES THEY SUBMITTED THIS TIME.

SO THE PROPOSAL HASN'T REALLY CHANGED.

UM, I UNDERSTAND THAT THERE MAY BE SOME QUESTIONS ABOUT THAT, BUT, UH, UM, THE ONLY NEW INFORMATION BESIDES THE STAFF REPORT THAT WE HAVE IS THE NARRATIVE THAT WE, THAT WE GAVE TO YOU FROM, UH, TOWN MANAGER MIKE TOLBERT, AND THAT'S ALL I REALLY HAVE ON THIS.

WE ARE ASKING FOR IN OCTOBER 14TH, UM, UH, A PUBLIC HEARING ON THIS CONDITIONAL USE PERMIT, WHICH THE COMMISSION HAD PREVIOUSLY HEARD IN 2018.

I MAKE A MOTION.

OH, I GOT QUESTIONS.

OH, YOU GOT QUESTIONS? LOTS OF QUESTIONS.

UM, ENVIRONMENTAL IMPACT STUDY.

I DIDN'T SEE ONE.

THERE WASN'T ONE IN 2018.

I THINK IF SHIG WAS PUTTING IT ON SHIG PROPERTY, THEY WOULD HAVE AN ENVIRONMENTAL INPUT PACK STUDY.

YOU KNOW, THEY'RE RIGHT THERE BY, UM, WATTS BAY ESTATES.

SO WHAT'S THE DRAW ON A, WELL, THAT'S, UH, WHAT IS IT? UH, DRAWING 300,000 GALLONS A DAY.

THE 300,000 GALLONS A DAY THAT'S MENTIONED IN THE STAFF REPORT IS JUST A REFERENCE THAT ANYTHING OVER 300,000 GALLONS PER DAY REQUIRES A DEQ GROUNDWATER WITHDRAWAL PERMIT.

UM, WE DID ASK, UH, UH, THE TOWN MANAGER TO, UH, TO PROVIDE WHAT THE CAPACITY OF THESE, UH, WHAT THE, UM, UH, UH, YOU KNOW, THE PUMPING CAPACITIES ARE OF THIS FACILITY, AND THEY'RE STILL WORKING ON THAT.

UM, UH, THE TOWN MANAGER WILL BE AVAILABLE FOR, UH, QUESTIONS IN THE FUTURE.

BUT, UM, UH, YOU KNOW, IN TERMS OF ENVIRONMENTAL IMPACT, WHICH IS REALLY GEARED TOWARDS, UH, I WOULD SAY LARGER DEVELOPMENTS THAT ENTAIL A LOT OF IMPERVIOUS AREA, WHERE THIS WOULDN'T NECESSARILY BE THAT, UH, WE'RE TALKING ABOUT THREE WELLS.

I DO NOT KNOW WHAT THE DIAMETER OF THOSE WELLS ARE, BUT I DON'T IMAGINE THAT THEY WOULD EVEN APPROACH 2,500 SQUARE FEET OF LAND DISTURBANCE.

THEY'RE ALSO ASKING FOR A, UH, UH, A 100 SQUARE FOOT SHED.

SO, UM, ENVIRONMENTAL IMPACT WASN'T PART OF THE MATERIALS LAST TIME.

AND, UM, UH, BUT TO YOUR POINT, MADAM CHAIR, WE DID, UH, WE DID REQUEST INFORMATION ON, ON THE, UH, UH, ON, ON THE CAPACITY OF THE WELLS AND WHAT THEIR, UH, YOU KNOW, WHAT THE, WHAT AMOUNT THEY INTEND TO DRAW DOWN.

AND I'M SURE THAT WOULD STEP UP OVER THE COURSE OF SEVERAL YEARS.

BUT, UH, UM, YOU KNOW, IF THEY GOT A, A GROUNDWATER PERMIT FOR, UH, AND THIS IS JUST A FIGURE, THIS IS NOT IN ANY APPLICATION THAT, UH, THAT I'VE SEEN, BUT IF THEY, YOU KNOW, UH, 300,000 GALLONS,

[00:55:01]

UH, I, I DON'T KNOW WHAT THEIR, UM, UH, UH, WHAT THEIR REQUIREMENTS ARE OTHER THAN TO MOVE THAT DRAIN FIELD OR THAT WATER, UH, THE, THE WELL FIELD FROM PUMP HOUSE TURN, WHICH IS CONTAMINATED BY PFAS TO THE, UH, SUBJECT PROPERTY.

SO THEY ARE, AGAIN, BY PUBLIC NECESSITY, TRYING TO, UH, GET THAT OUT OF THE, UM, UH, OUT OF THAT AREA OF CONTAMINATION.

IT'S, IT'S, UH, 300,000 GALLONS OF WATER A MONTH.

A MONTH.

A MONTH.

EXCUSE ME.

NOT PER DAY.

THANK YOU.

AND ALSO THE, THE DEQ PERMIT WOULD REQUIRE DRAW DOWN STUDIES.

MM-HMM .

IN OTHER WORDS, YOU HAVE TO PLACE MULTIPLE WELLS AND DO DRAW DOWN STUDIES TO, UH, IF YOU GO OVER THE 300, IF YOU GO OVER THREE OH A MONTH, A MONTH, 300 A MONTH, ARE THEY GONNA PUT UP A TOWER A, A WATER TOWER OR NOT? WE HAVE ONE ON ONE'S NOT SHOWN ON THE PLANS.

OH, OKAY.

BUT IT, IT ONLY A SHED IN THREE WELLS.

IT HAVEN'T BEEN THROUGH THAT WITH AGRICULTURE, YOU KNOW, IT, YOU, YOU, YOU HAVE TO DO THESE OVER A PERIOD OF TIME, DRAW DOWN STUDIES, AND, AND IF IT'S MUNICIPAL FOR, FOR THAT TYPE OF USE, THEN THE CONSTRUCTION OF THE WELL WAS TOTALLY DIFFERENT.

ALSO, AND THIS IS, I RECALL, WAS, UH, FOR FIREFIGHTING, UH, CHEMICALS THAT GOT INTO THE, WELL, RIGHT, THAT'S WHAT THE ORIGINAL PROBLEM OR CAME FROM THAT, UH, THE, UH, PAS YEAH.

PAS YEAH.

THAT LEE IN THERE CONSIDERED FOREVER CHEMICALS.

THEY DON'T GO AWAY.

SO, SO WHAT WE NEED TO DECIDE NOW IS WHETHER WE'RE GONNA HAVE IT AS A PUBLIC HEARING NEXT MONTH, OR NO, I GOT MORE QUESTIONS.

YES.

SO, UM, WHAT I DON'T SEE IS, UH, ON THE MAP, YOU JUST GET, YOU KNOW, SO THEY CAN GET ALL THEIR STUFF STRAIGHT.

THERE'S A MAP WITH, UH, DRAWINGS, UH, THE, UH, THE PDFS.

YEAH.

HE'S DO THE PACKET, UM, NOT THE STAFF REPORT.

WELL, YEAH, YOU CAN DOWNLOAD IT OR WHATEVER MM-HMM .

IF YOU GO TO, UM, THE COSC CASE, THAT'S WHERE ALL THE SHATI, UH, FILES ARE.

YEAH.

MM-HMM .

SO THERE'S A MAT WITH A BUNCH OF, UH, LIKE 800 FOOT.

IS THIS, WELL, THREE 50 IS THIS? WELL, THE SITE PLAN, IS THAT OKAY? MAYBE THAT ONE.

THIS ONE? OKAY.

LET'S ZOOM IN A LITTLE BIT BETTER ON THAT.

ALRIGHT, SO ON HIN TANK ROAD, YOU COME OFF OF HIN TANK ROAD AND YOU COME IN WHERE IT SAYS 2 34.

THAT'S THE ENTRANCE TO THAT LOT.

OKAY.

THOSE TWO WELLS THAT ARE UP FRONT, THOSE ARE IN THE RIGHT OF WAY OF THE, UM, RIGHT OF WAY FOR THE PROPERTY OWNERS ON THE OTHER SIDE.

THEY DRILL THE WELLS RIGHT IN THE MIDDLE OF THE RIGHT OF WAY.

SO WE NEED DISTANCE FROM THE PROPERTY LINE TO THE WELL, AND THEN WE NEED, UH, THE RIGHT OF WAYS FROM THE DEED FOR THE OTHER PEOPLE.

SO I, I HAVE ASKED FOR A MORE DETAILED, UH, PLAN THAT THE, THIS PLAN CLEARLY DOES NOT SHOW SETBACKS AND THAT KIND OF THING.

THE PIECE OF PROPERTY THAT'S, UM, THAT'S BOUND HERE, LIKE THE 10 12, THE 2 34, AND THEN THERE'S THIS LITTLE SLIVER OF, UM, PRIVATE RIGHT OF WAY THAT COMES DOWN, UH, THIS TAX PARCEL 28, A 73 B IS WHAT I'M CONSIDERING THE SUBJECT PARCEL, THE 850 FOOT SETBACK THAT THEY'RE SHOWING, UH, TO, UH, TO THAT TEXT PARCEL UP THERE, UH, JUST LEFT OF, UM, JUST LEFT OF, UH, UH, THIS ONE RIGHT HERE.

UM, I QUESTIONED IF THEY'RE NOT SHOWING ANY IMPROVEMENTS ON THESE SIX LOTS, THEN WHY ARE THEY INCLUDED ON THE PLAN AND WHY ARE THEY SHOWING THAT SETBACK ALL THE WAY BACK HERE? SO WE HAVE SEVERAL QUESTIONS ABOUT THE PLAN THAT WE HAVE ASKED THEM TO ADDRESS, TALKING ABOUT THE PROPERTY OVER HERE, OR 28 POINT A SEVEN A.

THOSE PEOPLE HAVE RIGHT OF WAY ON THE FRONT FACING OF 1 75, AND THE WELLS ARE RIGHT IN THE MIDDLE OF THE RIGHT OF WAY.

YOU'RE SAYING THAT THERE'S RIGHT OF WAY HERE.

YEP.

MM-HMM .

AND THEY DRILLED THE WELLS THERE BEFORE WE EVEN WENT TO THE CONDITIONAL USE PERMIT, UH, MEETING LAST TIME.

MM-HMM .

THAT'S,

[01:00:01]

YEAH.

SO THE, THE RIGHT OF WAY IS NOT SHOWN ON AKA MAP, UH, IT WASN'T SHOWN ON ANY OF THE OTHER MATERIALS THAT THEY, UH, THAT THEY PROVIDED, BUT WE CAN CERTAINLY RAISE THAT QUESTION TO THE TOWN, UH, TO KIND OF CONFIRM THAT THERE, WHETHER THERE IS OR IS NOT RIGHT OF WAY.

THERE.

THERE IS, AS FAR AS THE PEOPLE THAT CAME HERE AND COMPLAINED AND I WENT OUT THERE, AND THE WELL IS RIGHT IN THE MIDDLE OF THE ROAD MM-HMM.

THAT WAS THERE.

DID THEY SHOW, DID THEY PROVIDE A SURVEY OR A DEED TO THAT EFFECT, UH, PROVING THAT THERE WAS RIGHT OF AWAY HERE? I'M JUST ASKING SO THAT, UH, I'LL CONTACT THEM AND GIVE 'EM YOUR NUMBER SO THAT WELL, THEY SHOULD, THEY SHOULD COME PREPARED WITH SOME PROOF.

SURE.

YEAH, NO PROBLEM.

BECAUSE WE, WE COULDN'T FIND ANYTHING LIKE THAT.

OH.

SO IF WE NEED TO GET ANSWERS TO THESE QUESTIONS, WE CAN'T HAVE A PUBLIC HEARING NEXT MONTH.

WELL, I MEAN, ITS JUST MY SAY AGAINST YOURS, BUT WHEN THEY CAME LAST YEAR, UH, WE TRIED TO GET A 20 FOOT, UH, SETBACK FROM THE RIGHT OF WAY.

AND THE PLANNING COMMISSION, UM, GAVE THAT AS CONDITION AND WENT TO THE BOARD OF SUPERVISORS, THE BOARD OF SUPERVISORS REACT, YOU KNOW, RETRACTED THAT 20 FOOT SETBACK AND PASSED IT.

YOU MEAN IN 2018? YEAH.

SO ESSENTIALLY WE NEED TO GO THROUGH THE WHOLE PROCESS AGAIN.

YEAH.

AND THEY NEED TO BRING US, SO I DON'T SEE A BARN ON THERE.

WHAT'S THE HEIGHT OF THE BARN AND WHERE IT'S AT? IT'S NOT ON THE, IT'S THIS EQUIPMENT SHED RIGHT HERE.

A 100 SQUARE FOOT, I'M ASSUMING A 10.

THAT'S 10 BY 10, RIGHT? YEAH.

AND, AND THE HEIGHT, UH, AND I ASKED FOR A HEIGHT, I ASKED FOR DETAILS ON THAT.

YEAH.

THAT, BUT FOR, AND, AND EQUIPMENT SHED FOR, FOR, UH, THREE PUMPS IS NOT GONNA BE THAT HIGH.

IT, IT'S, IT'S RIGHT.

BUT PROBABLY GONNA BE A, A REGULAR, A REGULAR BUILDING, YOU KNOW, SO OF STANDARD HEIGHT, WE'LL JUST CALL IT, THAT LOT IS RIGHT OFF THE RUNWAY FOR NASA AND IT'S MUCH ELEVATED HIGHER THAN, UM, THE NASA RUNWAY.

SO IF YOU ADD THE ELEVATION AND THE HEIGHT OF THE BUILDING, I'M NOT SURE, YOU KNOW, I DON'T SEE WHERE YOU, YOUR DIMENSIONS ON YOUR BUILDING ARE AND ALL THAT.

YEAH.

WELL, UH, AND, AND THAT'S SOMETHING THAT WE WOULD CERTAINLY TELL THE, UM, TELL THE, UH, UH, UH, THE TOWN MANAGER THAT HE'D HAVE TO GIVE US THOSE DETAILS.

BUT, UM, YOU KNOW, I'M, I'M FAMILIAR WITH THE PART 77 SURFACES AND I, UH, FAA PART 77 SURFACE AND, UM, YOU KNOW, GIVEN THE DISTANCE FROM THE END OF THE RUNWAY TO, UH, UH, TO, TO THIS, UH, TO THIS STRUCTURE RIGHT HERE, I DON'T THINK WOULD PENETRATE THAT SURFACE.

YES.

ALL RIGHT.

SO ALSO MY QUESTION WOULD BE, YOU KNOW, WHAT'S THE WELL GONNA, HOW MUCH DRAW IT'S GONNA HAVE AND WHAT THE PLUME, LIKE, IS IT GONNA PULL FROM LIKE 300 FEET OR A THOUSAND FEET? I'M SORRY.

IS, ARE THE RESIDENTS NEXT TO 'EM GONNA BE DRY? WE'LL, WE'LL, WE'LL SEND THAT ON TO THE, UH, UH, TAIL MANAGER.

BUT WE DID ASK FOR, YOU KNOW, WE, WE SAID IT WOULD BE NICE TO HAVE MORE DETAILS, RIGHT.

ON THE, UH, ON, ON THE GROUNDWATER WITHDRAWAL ITSELF, THIS, THIS, UH, MAP HERE, THAT ONE WAS PREPARED BY WHO? I DON'T KNOW.

YOU DUNNO, IT'S NOT LABELED.

YEAH.

'CAUSE THERE'S A TERM CALLED A CONE OF DEPRESSION.

MM-HMM .

AND, YOU KNOW, YOU KNOW, IF THESE WELLS ARE GONNA BE PUMPING SIGNIFICANT AMOUNTS OF WATER, I'M SURE THEY WOULD PROBABLY EXTEND BEYOND 300 FEET.

UM, CHAIRMAN, CAN I ASK, ANSWER THAT QUESTION? I'M SORRY.

UM, WE CAN'T, I'M ON THE GROUNDWATER COMMITTEE SO I COULD PROVIDE SOME INFORMATION.

NOT AT THIS TIME.

WE CAN'T TAKE PUBLIC COMMENT.

I'M SORRY.

OKAY.

I CAN, I CAN ANSWER YOU AFTER THE MEETING.

THAT'D BE GREAT.

THANK YOU.

SURE.

UM, ALL RIGHT, THAT'S ALL MY QUESTIONS FOR TODAY, FOR THAT.

SO, YOU KNOW, IN, IN ORDER TO, UH, TO ACCOMMODATE THE TOWN OF SHIN TEA IN THEIR SCHEDULE, I WOULD STILL SUGGEST A, UH, YOU KNOW, SETTING A PUBLIC HEARING.

AND IF THERE ISN'T ENOUGH INFORMATION AT THAT TIME, THEN IT WOULD BE YOUR PREROGATIVE TO, UH, TO CONTINUE THAT, UH, PENDING ADDITIONAL INFORMATION.

BUT WE HAVE ASKED, UH, UM, MOST OF WHAT YOU, MOST OF WHAT YOUR QUESTIONS WE HAD, I HAD ASKED THE, UH, TOWN MANAGER TO PROVIDE.

OKAY.

YEAH.

ALRIGHT.

BUT, UH, WE, UH, YOU KNOW, UH, IN THE STAFF REPORT, UH, I DID INDICATE THAT STAFF IS PROCESSING THE APPLICATION WITH THE, UM, UH, WITH THE UNDERSTANDING THAT THE TOWN OF CHIN TEAM PROVIDE ADDITIONAL MATERIALS.

I PUT TWO POINTS IN HERE, BUT WHAT'S NOT LISTED IN HERE IS THAT, UH, THAT I, YOU KNOW, I HAD ORIGINALLY ASKED, UH, I BELIEVE I HAD ORIGINALLY ASKED FOR MORE DETAILS ON THE GROUNDWATER WITHDRAWAL ITSELF.

YEAH.

I THINK, LANCE, WHAT I WILL MENTION, EXCUSE

[01:05:01]

ME, UH, WHAT I WILL MENTION ON THE GROUNDWATER ASPECT OF THIS IS THAT THE, UM, IN IN THE PREVIOUS 2018 APPLICATION, THE A-N-P-D-C WROTE A LETTER OF SUPPORT FOR THIS, UH, UH, FOR THE APPLICATION IN 2018.

YEAH.

IT WAS KIND OF JAMMED THROUGH LAST TIME, AND WE HAD A JOINT PUBLIC HEARING, WHICH WAS A MESS.

AND, UM, IT'D BE GREAT IF THEY HAD THEIR INFORMATION NOW.

YEAH.

PROCESS IS NOT TO DO THIS THIS QUICKLY.

YEAH.

I MEAN, I REALIZE THEY WANT TO PUSH IT ALONG.

SO THAT WAS WHY MY QUESTION IS, ARE WE GONNA HAVE A MOTION TO HAVE A PUBLIC HEARING OR SHOULD WE SAY WE HAVE THESE QUESTIONS, YOU NEED TO COME PRESENT TO US NEXT MONTH ON THE 14TH, AND THEN WE'LL HAVE A PUBLIC HEARING IN NOVEMBER AND THEN YOU CAN MOVE FORWARD? OR IS THAT NOT THE PROCESS THAT WE NORMALLY FOLLOW? WELL, USUALLY WE NEED A COMPLETE APPLICATION TO GO TO PUBLIC HEARING.

I DON'T KNOW WHAT THE COMPLETE APPLICATION WOULD BE.

AND ALSO THERE'S A QUESTION ABOUT THE RIGHT OF WAY.

THEY HAVE TO BE ABLE TO PROVE THAT THESE PEOPLE PROVE THAT THEY HAVE IT RIGHT OF WAY ON THIS PROPERTY.

IF THEY'RE GONNA DRILL A WELL RIGHT THERE IN THE CENTER OF IT, UH, THAT, WELL, THAT WOULD ALSO BE A, A, YOU KNOW, IF, IF YOU BLOCK RIGHT AWAY, YOU'RE LIABLE.

SO I MEAN, THAT'S A DIFFERENT ANIMAL.

YEAH.

I MEAN, I PREFER WE NOT DO IT FROM THE OUTSET, BUT I MEAN, THEY HAVE REDRESS GRIEVANCES IF, IF, IF THEY ARE BLOCKED, THEY HAVE LEGAL REDRESS.

OKAY.

I DO HAVE A QUESTION.

SO THIS STARTED BACK IN 2018, THE PERMIT EXPIRED.

DID THEY HAVE FUNDING FOR THIS BACK IN 2018? I DON'T KNOW.

I WASN'T HERE FOR THAT.

OKAY.

AND IT DIDN'T MENTION IN THE, UH, MY PREDECESSOR STAFF REPORT AND THE CURRENT FUNDING THAT THEY'RE IDENTIFYING IS THE 8.274 MILLION, IS THAT FOR THE ENTIRE PROJECT OR WAS THAT, ARE THEY GETTING A PORTION OF THAT ALLOCATION? I'D HAVE TO DEFER THAT QUESTION TO THE TOWN MANAGER.

OKAY.

MS. CONNOR, DO YOU HAVE ANY QUESTIONS? MS. CONNOR, YOU STILL THERE? SHE MIGHT BE ON MUTE.

SHE MIGHT BE ON MUTE.

NO QUESTION.

OKAY.

I'M SORRY.

NO QUESTION.

UM, SO WOULD YOU LIKE ME TO, TO STAFF FEEL YES.

YES MA'AM.

THANK YOU.

STAFF FEEL THAT THIS APPLICATION'S COMPLETE AND YOU, THAT WE SHOULD MOVE FORWARD? WE'RE, WE'RE BASING IT OFF OF THE, UH, OFF OF THE PREVIOUS ACCEPTANCE OF THE APPLICATION AND THE CONDITIONAL USE PERMIT, UH, OF REGULATIONS TO MY KNOWLEDGE, REALLY HAVEN'T CHANGED SINCE THEN.

THAT'S WHAT WE'RE BASING THE ACCEPTANCE OF THE APPLICATION ON.

UM, I HAVE ASKED FOR, UM, A, A, AN UPDATED APPLICATION FORM, UM, WITH REGARDS TO THE SKETCH.

UM, YOU KNOW, IT, IT HAS MOST OF THE ELEMENTS I DID ASK FOR WHERE DO THEY PLAN ON CONNECTING, LIKE WHAT IS THE, WHAT IS THE ROUTE FOR THE CONNECTION? UM, AND, UH, THEY ARE AWARE OF THAT REQUEST.

BUT, UM, YOU KNOW, UH, THE TOWN MANAGER IS WELL AWARE OF THE DEFICIENCIES THAT WE HAVE IDENTIFIED THE STAFF, THE CURRENT STAFF HAS IDENTIFIED WITH, UH, SOME OF THE QUESTIONS THAT WE'VE GOT.

AND, UM, YOU KNOW, UH, WE DID, UH, WE DID PUT THIS ON THE AGENDA WITH THE UNDERSTANDING THAT THEY WOULD BE PROVIDING MORE INFORMATION TO SUED.

SO, SO IF PROVIDED THAT THE PUBLIC HEARING IS SET, YOU ARE SAYING THAT THEY DON'T PROVIDE ALL THE INFORMATION NECESSARY THAT WE COULD CONTINUE YES, SIR.

AT THAT STAGE? YES, SIR.

I MEAN, I MEAN, WE COULD MAKE REQUESTS.

I WOULD THINK WE COULD MAKE THE REQUEST TO YOU GUYS, TO THEM, AND WHEN THEY COME, IF PROVIDING THAT, UM, THE PUBLIC HEARING IS SET IF THEY DON'T PROVIDE IT.

WELL, I THINK THE OTHER THING FOR PUBLIC, THEN DON'T GO THE, THE, THE OTHER THING FOR A PUBLIC HEARING IS THE PUBLIC NEEDS TO HAVE ALL THE INFORMATION SO THAT THEY MAY PREPARE THEMSELVES FOR A PUBLIC HEARING, PRESENT THEMSELVES, THEN SPEAK TO THE ISSUES.

MM-HMM .

AND THAT'S WHY WE REQUIRE ALL OF THE DATA AND ALL THE INFORMATION TO BE PRESENTED, AND THEN WE SET A PUBLIC HEARING SCHEDULE.

SO IT IS NOT OUR NORMAL PROCESS TO DO THINGS LIKE THIS.

UM, I REALIZE THAT IT IS AN URGENT MATTER, BUT, YOU KNOW, THAT'S THE REASON I WAS ASKING THE QUESTION.

DO, DO, SHOULD, SHOULD WE MAKE A MOTION TO ACCEPT A PUBLIC HEARING NEXT MONTH WITHOUT ALL THE DATA? AND IT'S NOT OUR NORMAL PROCESS.

AND IF WE'RE GONNA MAKE AN EXCEPTION, WE NEED TO UNDERSTAND THAT EVERYBODY ELSE IS GONNA WANT AN EXCEPTION.

RIGHT.

[01:10:01]

AND, UH, THE TIME STARTS TICKING WHEN YOU, WHAT HAVE, UH, WHEN DOES NINE 90 DAYS START WHEN YOU GO TO PUBLIC HEARING THE 90 DAYS STARTS.

UH, WHICH IS A GOOD POINT.

YOU KNOW, WHEN THEY HAVE AN APPLICATION IN, UM, WELL, THEY GOTTA HAVE A COMPLETE APPLICATION.

YEAH.

YEAH.

ALL RIGHT.

SO WE SHOULD WAIT.

I MAKE A MOTION THAT WE DO NOT HAVE A PUBLIC HEARING, THAT WE WAIT FOR THE ANSWERS TO COME BACK TO US AT THE NEXT MEETING, AND THEN WE MAKE A DECISION ABOUT A PUBLIC HEARING.

ALL A MOTION.

SECOND.

I HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

A AYE.

MS. CONNOR.

AYE.

ALL OPPOSED.

ALL RIGHT.

OKAY.

WE'RE MOVING ON TO, UH, I HAVE A FOLLOW FOLLOW UP QUESTION BEFORE YOU GO TO YOUR NEXT.

I THINK WHEN WE HEARD THIS BEFORE, IT WAS CONCERNED, UH, THE IMPACT ON THE ADJOINING WELLS.

UH, I KNOW WHEN, AT PURDUE LOCATIONS, THOSE WELLS TEND TO HAVE TO BE MUCH DEEPER, UH, BECAUSE OF THE DRAWDOWN OF THE PURDUE PLANT.

WILL THIS, IN FACT, HAVE SOME OF THE SIMILAR EFFECT ON ADJOINING WELLS? I DO YOU REMEMBER? I THINK THAT WAS ONE OF THE QUESTIONS THAT, UH, THAT, UH, UH, CHAIRWOMAN, UH, WINGFIELD WAS ASKING IN TERMS OF, AND, UH, ALSO, COMMISSIONER GALE WAS ASKING IN TERMS OF THAT CONE OF DEPRESSION.

OKAY.

YEAH.

SO, UH, I UNDERSTAND.

THANK YOU.

YEP.

OKAY.

UH, WE'RE GONNA MOVE ON.

WE DON'T HAVE PUBLIC HEARING.

OTHER MATTERS.

REZONING OF 0 0 0 1 8 8 DASH 2025 CONDITIONAL USE PERMIT AND THE CONDITIONAL USE PERMIT, 0 0 0 5 4 DASH 2 20 26, DUNCAN MANOR VILLAGE DEVELOPMENT REZONING FROM BUSINESS AND AG TO VILLAGE DEVELOPMENT DISTRICT, AND CONDITIONAL USE FOR VILLAGE DEVELOPMENT WITH WAIVER REQUEST.

SO, UH, BOTTOM LINE UP FRONT ON THIS ONE, IT IS, UH, UH, IT IS STAFF'S CONTENTION THAT THE APPLICATION IS READY TO BE, IS READY TO MOVE FORWARD.

WE'VE BEEN TALKING ABOUT THIS FOR MONTHS.

WE'VE BEEN RECEIVING NEW INFORMATION FROM THE, UH, UH, UH, FROM THE DEVELOPER, UH, WHO IS PRESENT TONIGHT.

AND, UH, I'LL JUST GO IN AND TALK ABOUT THE, UM, UH, UH, UH, TALK ABOUT THE STAFF REPORT HERE.

SO, AS YOU HAD MENTIONED, UH, THIS IS A, UM, UH, A REZONING OF, UH, ABOUT 55 AND A HALF ACRES FROM AG AND BUSINESS TO VILLAGE DEVELOPMENT.

IT'S CONSISTING OF 35 TAX PARCELS.

IT'S IN DISTRICT SEVEN, SO SUPERVISOR JACKIE PHILLIPS, AND IT'S IN COMMISSIONER LYNN GALE'S DISTRICT, UH, CURRENT ZONING BUSINESS AND AG.

FUTURE LAND USE RECOMMENDATION IS INDEED VILLAGE DEVELOPMENT AREA.

THERE ARE NO OVERLAYS.

AND THE ADJACENT ZONING IS AG BUSINESS AND VILLAGE DEVELOPMENT AREA.

ADJACENT USES APPEAR COMPATIBLE WITH SINGLE FAMILY RESIDENTIAL, VACANT LIKE AGRICULTURAL AND PROPOSED VILLAGE DEVELOPMENT, WHICH IS THE COASTAL SQUARE, UH, UH, DEVELOPMENT.

THERE'S MEDICAL OFFICE.

AND THEN THERE ARE A COUPLE OF PERSONAL SERVICES IN THERE.

AS I HAD MENTIONED LAST MONTH, THE PREVIOUS UNIT COUNT WAS 224, AND THEY HAVE, UH, UH, UH, THEY HAVE REDUCED THAT FROM, UH, UH, FROM 2 24 TO 154 UNITS OVERALL.

SO GETTING INTO THE STAFF REPORT, UH, WE'RE, WE'RE, UH, PROVIDING YOU THE PLANNING COMMISSION WITH THE CURRENT DISPOSITION OF THE APPLICANT'S MATERIALS AND THE STAFF'S REVIEW.

UH, WE HAVE DETERMINED IF THAT, UH, PENDING, UM, WELL, IT SAYS PENDING CERTAIN REQUESTED ITEMS, INCLUDING REVISED OPEN SPACE CALCULATIONS OR REVISED PLAN AND WAIVER REQUESTS, WHICH WE RECEIVED, UH, UH, YESTERDAY.

SO WE ARE, UM, UH, AND, UH, AND I'LL TALK ABOUT THOSE HERE IN A SECOND.

THE, THE CASE WILL BE READY FOR A PUBLIC HEARING AT THE OCTOBER MEETING.

SO AGAIN, WE'RE REQUESTING A, UH, WEDNESDAY OCTOBER 14TH, 2026 MEETING.

UH, THE BOARD OF SUPERVISORS, UH, SENT A, A, A RESOLUTION REFERRING THE REZONING, UH, TO THE PLANNING COMMISSION BACK IN FEBRUARY.

JUST GENERALLY, UM, THE, UH, UH, THE REDUCTION IN UNIT COUNT FROM 224 TO 154 ALSO REDUCES THE DENSITY FROM 4.04 DWELLING UNITS PER ACRE TO 2.78.

AND, UM, AND THERE IS A, UH, YOU KNOW, THERE IS A, UM, I BELIEVE, UH, A RECOMMENDED MAX OF FOUR UNITS PER ACRE IN THE, UM,

[01:15:01]

IN THE COMPREHENSIVE PLAN.

SO IT WAS AROUND THAT, UH, AROUND THAT AMOUNT BEFORE, BUT IT IS WELL UNDER THAT NOW AT, UH, UH, ALMOST TWO AND THREE QUARTER UNITS PER ACRE.

THERE ARE NO PROFFERS ASSOCIATED WITH THIS REZONING CASE.

UM, A LITTLE BIT ON THE PROJECT DESCRIPTION ITSELF, AND IF WE COULD BRING THE, UH, UM, THE PACKET OR THE PLAN UP, I CAN START TALKING OFF OF THAT.

UM, THERE IS A, A LANDSCAPED BUFFER, UM, AND BERM LOCATED ALONG, UH, ALONG MARKET STREET, THREE PONDS, UH, TWO COMMERCIAL PADS.

UH, UH, ONE IS AT THE INTERSECTION OF DUNCAN MANOR AND MARKET, AND THEN THE OTHER ONE IS AT THE, UH, INTERSECTION OF FAIRGROUNDS ROAD AND MARKET.

IS THIS THE ? YEAH, THAT'S FINE.

I THINK WE HAD A DISCUSSION TOO, ABOUT THE SILVER CAPACITIES.

RIGHT.

AND, AND I'LL GET TO THAT.

COMMISSIONER SPARKMAN.

UM, IN TERMS OF RECENT UPDATES, AS I HAD MENTIONED LAST MONTH, THEY WERE ORIG.

THEY WERE, UH, PREVIOUSLY PROPOSING 141 OVER ONE CONDOS, WHICH THEY HAVE SINCE DELETED.

UM, UH, THEY HAVE, UH, REDUCED THE LOT SIZES TO A MINIMUM OF 50 WA, UH, 50 FOOT WIDE.

SO THE SMALLEST LOT OR THE, THE NARROWEST LOT WIDTH IS 50 FEET WIDE.

AND, UM, AND THEY ALSO DELETED THE, UH, CLUBHOUSE, UH, AND POOL.

I MINUTE, GEEZ, JUST FLIPPING THROUGH THESE, UH, UH, EXHIBITS HERE.

THIS IS AN AERIAL, UH, THE, UH, THE DEVELOPMENT IS, IS BROKEN UP INTO WHAT THE STAFF IS CALLING, UH, UH, EAST AND WEST.

SO RIGHT HERE IS THE INTERSECTION OF MARKET AND, UH, AND FAIRGROUNDS.

AND THEN RIGHT HERE IS THE INTERSECTION OF, UM, OF MARKET AND DUNCAN MANOR.

HERE'S YOUR ZONING.

SO THERE'S A, UH, ESSENTIALLY TWO ZONINGS, UH, WITH THE SALMON COLOR BEING BUSINESS AND THE WHITE BEING AGRICULTURE.

THIS IS THE FUTURE LAND USE, UH, WHICH SUGGESTS, UM, VILLAGE DEVELOPMENT, WHICH, AS WE ALL KNOW, IS MORE OF A HIGHER DENSITY MIXED USE TYPE, UH, LAND USE.

UH, IT IS SANDWICHED IN BETWEEN THE TOWNS OF ONLY HERE AND AN C**K TO THE, UH, UM, UH, TO THE WEST.

AND THESE ARE THE SOILS TYPES.

AND, UM, AND, UH, I'M ACTUALLY READING FROM THE STAFF REPORT NOW, SO I'LL JUST FLIP THROUGH THESE AND, UH, AND, UH, GET THROUGH SOME OF THE STAFF REPORT A LITTLE BIT MORE.

THE CONDITIONAL USE PERMIT PROCESS A ALLOWS THE, UH, BOARD OF SUPERVISORS TO WAIVE, UH, UH, TO, UH, TO RECEIVE WAIVER REQUESTS.

UH, THOSE WAIVER REQUESTS, AGAIN, WOULD HAVE TO FIRST COME TO THE PLANNING COMMISSION FOR A, UM, UH, FOR A RECOMMENDATION FOR THOSE WAIVERS.

OKAY.

THE, UH, THE STAFF REPORT STILL REFERS TO THE OLD NUMBERS IN TERMS OF THE, UH, IN TERMS OF THE SINGLE FAMILY DWELLINGS.

SO, UH, UH, YOU CAN DISREGARD THOSE.

OOPS.

OKAY.

I'LL TALK A LITTLE BIT ABOUT OPEN SPACE AND PLACE MAKING.

UM, AT THE LAST PLANNING COMMISSION MEETING, THE STAFF INDICATED THAT, UH, 40% OPEN SPACE WAS REQUIRED.

I TOOK A SUBSEQUENT LOOK AT THE ZONING ORDINANCE AND COULD NOT FIND THAT, UH, UH, UH, THAT REQUIREMENT.

I DID SEVERAL SEARCH TERMS, AND I SCRUBBED THE ORDINANCE PRETTY GOOD FOR THAT.

UH, I THINK THAT WHAT I WAS THINKING WAS THE 60% MAXIMUM FOR THE CLUSTER LOTS IN STREETS AND ALLEYS, UH, WOULD YIELD THE REST AS OPEN SPACE.

BUT THAT IS NOT THE CASE.

THE, UH, THE MOST RECENT PLAN PROPOSES AROUND, UM, AROUND 36% OPEN SPACE.

AND, UM, AND, UH, WE'RE STILL REVIEWING THAT PLAN, BUT THE, BUT THE CALCS SEEM TO CHECK OUT THERE, IT'S NOT THAT MUCH BELOW THE, WHAT I HAD ORIGINALLY THOUGHT LAST MONTH AS 40% OPEN SPACE.

THAT IS NOT A CONSIDERATION, THAT IS NOT A REQUIREMENT OF THE, UM, OF THE ZONING ORDINANCE.

[01:20:01]

UM, AND THE, THE 25% REFERRED TO IN THE STAFF REPORT, WE HAVE RECEIVED A REVISED PLAN THAT, UH, THAT SHOWS, UM, CLOSER TO THAT 35, 30 6%, UH, WE GOT THAT YESTERDAY AFTERNOON, AND IT'S STILL UNDER REVIEW.

THERE IS A REQUIREMENT FOR VILLAGE GREENS, WHICH THEY HAVE PROVIDED, UM, ALONG WITH SEVERAL PONDS.

AND, UH, WHERE THEY WERE SHOWING, UM, UH, WHERE THEY WERE SHOWING CLUBHOUSE AND POOL AMENITIES.

IT'S INTENDED FOR THE RESIDENTS OF THIS SUBDIVISION TO, UH, TO USE THE, UH, COASTAL SQUARE IN RESIDENCES, AMENITIES.

AND I, I, AGAIN, I I HAD ALREADY MENTIONED THE, UH, THE LANDSCAPED BERM ALONG MARKET STREET BEHIND LOTS 41 THROUGH 61.

YOU CAN SEE THAT HERE, UM, ON, UH, THIS PORTION OF THE, UH, UH, UH, OF THE LAYOUT FOR CONDITIONAL USE PERMIT WAIVERS.

WE HAVE A SEPARATE EXHIBIT FOR THAT, BUT AGAIN, UH, THE AUTHORITY TO, UH, TO, UH, CONSIDER WAIVERS IS FOUND IN SECTION 1 0 6 DASH 5 48, SUBSECTION B ONE, AND, UM, UH, B ONE, B, C, AND D.

SO THERE, SO THAT'S JUST, UH, PUT THERE IN THE, IN, IN THE RECORD FOR, FOR REFERENCE PURPOSES.

NOW WE GET TO THE QUESTION ABOUT UTILITIES.

THE PLAN SHOWS CONNECTIONS TO PUBLIC SEWER SERVICE PROVIDED BY THE HAMPTON ROAD SANITATION DISTRICT, OR P UH, UH, UH, REFERRED TO FOR NOW ON AS HRSD.

AND, UH, THE, THE PLAN SHOWING THOSE CONNECTIONS SATISFIES THE REQUIREMENTS OF THE ZONING ORDINANCE, UM, TO SHOW THOSE PHYSICAL CONNECTIONS TO THE PLANT.

IN ONANCOCK, THE APPLICANT IS NOT PROPOSING AN ACTUAL ON SITE TREATMENT SOLUTION OR PLANT ON SITE.

THE COMMISSION HAS DISCUSSED THE SEWER ALLOCATION PREVIOUSLY.

UM, THE COUNTY ADMINISTRATOR AND THE TWO DEPUTY COUNTY ADMINISTRATORS HAVE, UH, CALCULATED THE SOURCES OF DISCHARGE.

AND I KNOW THAT'S GONNA BE ONE OF YOUR QUESTIONS.

UH, MADAM CHAIR, UH, WITHIN THE EXISTING AND PROPOSED SEWER SERVICE AREAS, UM, WE HAVE BEEN TALKING, UH, FOR SEVERAL MONTHS, BOTH WITH THE PLANNING COMMISSION AND AMONGST OURSELVES AT THE ADMINISTRATION LEVEL.

WHAT IS GOING TO BE A FAIR APPROACH TO, UH, ALLOWING DEVELOPMENT, UM, WHILE STILL, UM, YOU KNOW, NOT, I GUESS BERT OR, OR ENCUMBERING A SIGNIFICANT PORTION OF THAT ALLOCATION FOR, FOR ONE SINGLE DEVELOPMENT.

SO THE ADMINISTRATION, UH, STAFF, WE HAVE DETERMINED THAT A HALF ALLOCATION OF THE DEVELOPMENTS ANTICIPATED DISCHARGE IS A REASONABLE WAY TO ENABLE APPROVED DEVELOPMENTS TO START WHILE FAIRLY DISTRIBUTING SERVICE.

SO WE ARE TRYING TO BALANCE THAT NEED FOR ADDITIONAL UNITS AND FOR DEVELOPMENT WHILE NOT, UH, UM, ESSENTIALLY PUTTING ALL OF OUR EGGS IN ONE BASKET AND SAYING, OKAY, UH, THIS IS THE ALLOCATION THAT WE HAVE.

THIS IS WHAT YOU NEED.

WE'RE GOING TO TIE UP OUR ALLOCATION FOR ONE DEVELOPMENT THAT MAY OR MAY NOT, UH, HAPPEN QUICKLY, WHICH WOULDN'T BE FAIR TO, UH, TO OTHER DEVELOPMENTS AND THE OTHER USERS ON THE SYSTEM.

SO, UH, AND I'VE MENTIONED THIS BEFORE, THAT THESE ALLOCATIONS HAVE ALREADY BEEN DISCUSSED WITH THE DEVELOPER APPLICANT.

UM, UH, OUR APPROACH IS THAT SHOULD ALLOCATIONS BE UNAVAILABLE AT THE TIME OF THE FUTURE PHASES, ALTERNATIVE SERVICES WILL NEED TO BE CONSIDERED BEFORE WE WOULD APPROVE ANYTHING ELSE AT THE STAFF LEVEL, LIKE, UM, THE RECORDATION OF PLATS OR THE GRANTING OF BUILDING PERMITS, THINGS LIKE THAT FROM A WATER STANDPOINT.

UM, UH, THIS IS ONE OF THE, UH, THIS IS ONE OF THE WAIVERS.

THE APPLICANT HAS REQUESTED A WAIVER FROM THE REQUIREMENT FROM A PUBLIC OR CENTRAL WATER SERVICE.

UH, VDH, ACCORDING TO THE APPLICANT, HAS STATED THAT INDIVIDUAL WELLS CAN, ACCOM CAN BE ACCOMMODATED ON A SERIES OF 50 FOOT WIDE LOTS.

UM, BUT, UH, UH, THE APPLICANT HAS MENTIONED THIS ON MULTIPLE OCCASIONS THAT HE DOES PREFER THE, UH, THE CENTRAL OR THE PUBLIC WATER SERVICE.

UM, BUT, UM, UNTIL WE GET A, A DEFINITIVE ANSWER FROM THE TOWN OF ONANCOCK, THE ALTERNATIVE IS TO DO ON SITE WELLS, UH, INDIVIDUAL WELLS FOR EACH LOT, WHICH, AGAIN, ACCORDING TO VDH CAN BE ACCOMMODATED.

AND, UM, THIS IS THE UTILITY PLAN, UH, WHICH SHOWS THE, UM, WHICH SHOWS THE WATER AND SEWER CONNECTIONS.

UH, UH,

[01:25:01]

SEWER, I BELIEVE IS DOWN HERE AT THE INTERSECTION OF FAIRGROUNDS AND MARKET.

THERE'S A PARAGRAPH IN THE STAFF REPORT THAT ESSENTIALLY SAYS THAT THE SUBDIVIDED IS RESPONSIBLE FOR, UM, FOR INSTALLING THEIR OWN INFRASTRUCTURE.

SO THE, UM, UH, THE COUNTY, THE TAXPAYERS WOULD NOT BE, UH, WOULD NOT BE SUBJECT OR ON THE HOOK FOR THAT COST.

IT IS, UM, IT IS STANDARD PRACTICE FOR DEVELOPERS TO HAVE TO CONNECT THEIR OWN DEVELOPMENTS TO THE, UH, TO THE, UH, TO THE SYSTEMS, EXCUSE ME.

UH, FROM A TRANSPORTATION AND STREETS STANDPOINT, UH, THESE ARE GONNA BE PRIVATE STREETS.

THEY'RE GONNA BE 24 FOOT WIDE WITH CURB AND GUTTER.

THEY WILL BE STREET TREES AND A FOUR FOOT SIDEWALK ON AT LEAST ONE SIDE.

THE ORIGINAL TRAFFIC IMPACT ANALYSIS FOR 224 UNITS IS WHAT, UH, IS, IS WHAT THIS DEVELOPMENT WAS, UM, WAS, WAS BASED ON.

BUT SINCE THAT NUMBER OF UNITS HAS DECREASED FROM 224 TO 154, VDOT HAS NO FURTHER COMMENT BECAUSE YOU KNOW THAT THAT PREVIOUS PLAN WAS FAR MORE, UH, RIGOROUS IN TERMS OF THE, UH, THE, THE TRAFFIC GENERATED.

SO YOU'RE ACTUALLY REDUCING THE, THE, THE TRAFFIC GENERATION WHEN YOU GO FROM 224 TO 154.

SO VDOT HAS NO FURTHER COMMENT ON THAT.

UM, UH, I WILL ADD FOR THE RECORD THAT WHILE IT'S NOT THE PURVIEW OF THE COUNTY TO DO SO, VDOT HAD REQUESTED OF THE DEVELOPER THAT THE RIGHT TURN LANE FOR ROUTE 13 ONTO MARKET STREET AND ONLY BE EXTENDED TO 400 FEET.

UM, AND I JUST MENTIONED THAT, UH, AS A, YOU KNOW, TO FULFILL A REQUEST BY VOT TO PUT THAT IN THE RECORD, IT IS NOT OUR PURVIEW TO REQUIRE THAT, THOUGH PUBLIC NOTICES AND COMMENTS.

WE HAVEN'T SCHEDULED A PUBLIC HEARING, SO WE HAVEN'T ADVERTISED OR PROVIDED ANY ADJACENT ORDER NOTICES.

UM, WITH THAT BEING SAID, UH, AGAIN, WE, UH, UH, WE HAVE DETERMINED THAT THE CASE IS READY FOR A PUBLIC HEARING, AND WE REQUEST A WEDNESDAY, OCTOBER 14TH PUBLIC HEARING.

THAT CONCLUDES MY, UM, UH, UH, MY PRESENTATION, AND I CAN NOW FIELD ANY QUESTIONS YOU MAY HAVE.

OKAY.

ANY QUESTIONS? OKAY.

I GUESS I'LL START.

UM, SO IS HR SD THE PEOPLE WHO GIVE THEM, UH, THE PERMIT TO DRILL A WELL, HRSD ONLY DOES SEWER NOT WATER.

OKAY.

SO, SO THE MACK COUNTY HEALTH DEPARTMENT NEEDS THIS, WOULD, WOULD BE THE ONE TO PUT A WELL IN, GIVE THEM THE PERMIT FOR THE, WELL, THE, THEY WOULD REVIEW EACH HOUSE FOR A WELL, RIGHT? YES.

AND A WELL, CAN'T BE WITHIN 50 FEET OF ANY SEWER LINE OR ANYTHING, ANY SEWER PIECE OF EQUIPMENT.

SO SEWER WOULD BE LOCATED IN THE STREET.

UH, HE'S SHOWING SEWER IN THE STREET, AND, UM, AND, UH, YOU KNOW, THE WELL COULD EITHER BE IN THE FRONT OR IN THE BACK.

I THINK IT'S A SEPTIC TANK.

YEAH.

YEAH.

SEPTIC, THE DRAIN FIELD, IT'S PIPE TOO.

ANY PIPE WITH SEWER, ANY, WE WENT THROUGH THAT.

OKAY.

BUT, SO, UM, WHAT ARE THE LOT SIZES? THERE ARE VARIOUS LOT SIZES.

UM, I'LL TELL YOU WHAT, ASHANTI, IF WE COULD, UH, FROM POINT 19 UP TO 2.19 ACRES, YOU, THIS, I DON'T KNOW THAT IT'S LESS THAN A QUARTER UHHUH A LITTLE BIT LESS THAN A QUARTER.

SO IT'D BE 50 FOOT WIDE.

AND HOW DEEP LESS THAN A QUARTER BE LIKE 50 BY ONE 50? YEAH, 125, SOMETHING LIKE THAT.

CAN WE ZOOM IN ON THIS ROW OF LOTS RIGHT HERE? JUST TO GIVE THE, UH, UM, COMMISSION OF YEAH.

REAL TIME.

SO IN THE UTILITIES ONE, ALL THE GREEN LINES ARE THE FORCED MAIN ON THIS, THIS UTILITY GRANULAR FORCE.

WELL, THIS WOULD LIKELY BE A GRAVITY LINE FOR A PORTION OF IT.

THERE'D BE A PORTION THAT MIGHT BE A PORTION.

SO, UM, IF I COULD TRY TO GET TO JUST ONE QUESTION AT A TIME.

I'M STILL ON THE PLAT RIGHT HERE, AND WE'LL GET TO THE, UM, MR. BOL ANSWER GRAVITY VERSUS FORCE MAIN.

HE SAID 125.

RIGHT.

OKAY.

ALL RIGHT.

THANK YOU.

THAT, THAT, THAT'S SHOWN HERE.

SO THEY'RE SMALL LOT IS GONNA BE 50 BY 1 25, AND THEY DO HAVE A SERIES OF THOSE ALL, UM, WILL AKIMA COUNTY BE GIVING HIM A PIECE OF PAPER THAT'S SAYING, I'M GONNA GIVE YOU THIS MANY GALLONS A DAY? YES.

WILL THAT BE HERE BY THE PUBLIC HEARING? WE HAVE

[01:30:01]

ALREADY, UH, UH, UNOFFICIALLY COMMITTED TO THAT.

BUT THAT IS NOT, UM, THAT, THAT IS NOT SOMETHING THAT IS NORMALLY PROVIDED AT THE, AT THE, YOU KNOW, AT THE TIME OF A LAND USE ENTITLEMENT.

UM, BUT HE WILL BE, HE WILL BE ISSUED AT SOME POINT DURING THE SITE PLAN PROCESS.

AND WE'RE STILL TRYING TO DECIDE AT THE ADMINISTRATION LEVEL WHEN WE WOULD ISSUE THAT LETTER.

UH, FOR PLANNING PURPOSES, WE HAVE, UM, WE HAVE COMMITTED TO A CERTAIN, UM, NUMBER OF GALLONS PER DAY FOR COAST, UH, FOR, UM, FOR, UH, FOR DUNCAN MANOR AND FOR COASTAL.

FOR COASTAL SQUARE.

BUT, UM, AND, UH, AND CERTAINLY WE INTEND TO HONOR THOSE, THOSE, UH, UM, THOSE PLANNING FIGURES, IF YOU WILL.

BUT WE DON'T HAVE A PROCESS CURRENTLY FOR ISSUING A QUOTE UNQUOTE WILL SERVE OR, UH, OR AN ALLOCATION COMMITMENT LETTER, IF YOU WILL.

UH, SO HE DOESN'T HAVE SEWER IF YOU DON'T COMMIT.

WELL, HE'S GOT THE SEWER CONNECTIONS SHOWN ON THE, UH, ON, ON THE, ON THE PLAN.

IT IS UP TO THE COUNTY TO DETERMINE HOW TO, UH, HOW TO, UH, DISTRIBUTE THEIR ALLOCATION.

I, I JUST THOUGHT THAT GOOD PLANNING WOULD BE, YOU PLAN FOR A DEVELOPMENT.

YOU HAVE THE, UM, FACILITIES AVAILABLE TO SERVE THAT DEVELOPMENT BEFORE, YOU KNOW, AND IT'S NOT WHOEVER COMES FIRST AND DIGS A SHOVEL, AND I GET THE FIRST, UH, A HUNDRED THOUSAND GALLONS IN, IN, IN SOME, THERE IS GOING TO BE A FIRST COME, FIRST SERVE ELEMENTS TO THIS ALLOCATION.

MM-HMM .

UH, UH, YOU KNOW, WE CAN RESERVE A CERTAIN AMOUNT OF THAT ALLOCATION FOR, FOR FUTURE DEVELOPMENT.

BUT IN TERMS OF WHAT WE HAVE ALREADY, UH, APPROVED, FOR INSTANCE, THE GROVE AT ONLY TOWN CENTER HAS GOT A, UM, UH, UH, A CERTAIN ALLOCATION PER DAY.

AS A MATTER OF FACT.

LET'S JUST GO AHEAD AND DO THIS.

UM, IF YOU COULD GO BACK TO THAT FOLDER, OPEN UP, UH, OPEN UP THAT SPREADSHEET.

UM, OUR ALLOCATION AGAIN IS ABOUT 187.5 OR THEREABOUTS.

WHAT WE HAVE HERE ON THE LEFT SIDE OF THE SCREEN ARE, ARE KNOWN SOURCES OF DISCHARGE.

THERE ARE SOME UNKNOWN SOURCES OF DISCHARGE, LIKE FUTURE DEVELOPMENT OR, UH, OR, UH, WHAT COULD POSSIBLY COME IN THE INDUSTRIAL PARK.

THIS FIGURE RIGHT HERE FOR DUNCAN MANOR, MIXED USE IS CURRENTLY OVERSTATED.

224 IS THE OLD FIGURE WHEN YOU TAKE 154 AND DIVIDE THAT BY TWO, WHICH OF COURSE WE ARE SAYING A HALF ALLOCATION IS WHAT WE CONSIDER FAIR.

AND THE APPLICANT AND THE DEVELOPER HAS AGREED THAT THAT'S FAIR.

THIS COMES DOWN TO 107, I'M SORRY, 77 UNITS AT 250 GALLONS PER DAY.

THIS NUMBER DROPS FROM 28,000 TO ABOUT 19,250 GALLONS PER DAY.

SO THAT'S A SIGNIFICANT DROP JUST BY REVISING THE PLAN FOR A FEWER, FOR, FOR A LESSER NUMBER OF UNITS.

SO, UM, YOU KNOW, IN THE, IN THE, IN THE STAFF'S OPINION, IN MY OPINION, THE DEVELOPER'S DOING WHAT THEY CAN TO, UM, TO, UH, UH, UH, DEVELOP, BUT ALSO TO CONSERVE ON SOME OF THAT ALLOCATION.

OKAY.

YOU ANSWERED MY QUESTION.

OKAY.

THEY'RE ON THE LIST.

OKAY.

WORKS FOR ME.

OKAY.

YOU CAN TAKE THAT.

ANY OTHER QUESTIONS? NEED A MOTION? UH, MS. CONNOR, DO YOU HAVE ANY QUESTIONS FOR STAFF? NO, I DON'T HAVE ANY QUESTIONS.

OKAY.

THANK YOU.

AND, AND I, I WILL, UH, BEFORE, UM, BEFORE ANYBODY DOES A MOTION, IF WE COULD BRING UP THE, UH, THE WAIVER.

UH, LET'S SEE.

THAT JUST CLICKED IS MY WAIVER.

OH, THAT'S PROBABLY IN THE, UM, IN THE, UH, UH, PACKET.

IF WE COULD GO BACK TO THE PACKET.

YEAH.

WAIVER MATERIALS.

GO AHEAD AND, UH, MAXIMIZE THAT IF WE COULD.

THERE WE GO.

UGH.

WOW.

THAT'S A LOT OF INFORMATION ON THIS, UH, BIG SCREEN RIGHT HERE.

IT'S HARD FOR ME TO READ, BUT, UM, HERE, THERE ARE A SERIES OF WAIVERS.

UM, WHY DON'T WE GO AHEAD AND ZOOM IN ON THE, UM, ON THE LEFT HALF OF THE SPREADSHEET SHEET, AND THEN WE CAN PAN OVER AS NEEDED.

SO, A SERIES OF WAIVERS THAT ARE REQUESTED, UM, THE

[01:35:01]

BUFFER ALONG, UH, PUBLIC STREETS, UH, THERE IS A REQUIREMENT FOR THAT BUFFER.

UH, THAT IS THE ONLY ONE THAT WE ARE NOT RECOMMENDING FULL, UH, APPROVAL OF.

SO THEY, THEY, THEY, UH, THE, THE ASK IS TO REDUCE OR TO ELIMINATE THAT REQUIREMENT.

BUT WHAT IF WE CAN GO TO THE, UH, STAFF RECOMMENDATION THERE IN THE FAR RIGHT COLUMN? BASICALLY WHAT WE ARE SUGGESTING IS THAT YOU DON'T ELIMINATE THE BUFFER REQUIREMENT, BUT YOU JUST APPLY THE STANDARD, UH, REQUIREMENT IN THE BUSINESS DISTRICT.

SO THERE WOULD STILL BE LANDSCAPING AT THOSE, UH, AT THOSE CORNERS.

UH, LET'S GO BACK TO THE, UH, RIGHT ON THE LEFT SIDE OF THE SCREEN.

UH, THE MAXIMUM AREA AND CLUSTER, LOTS OF THIS WAIVER IS ACTUALLY GOING AWAY BECAUSE THE REVISED PLAN DROPS THE, UH, DROPS THAT 67% TO THE REQUIRED 60% OF, UH, THE, OF THE, UH, WHAT THEY CALL IN THE ZONING ORDINANCE, THE TOTAL INITIAL TRACTED AREA, ESTABLISHED AS CLUSTER LOTS, STREETS, OR ALLEYS.

SO 60% OF THE INITIAL TRACTED AREA HAS TO BE, CAN CANNOT BE MORE THAN 60%, UH, IN LOTS STREETS OR ALLEYS.

SO THIS SECOND WAIVER IS GOING AWAY.

MINIMUM FRONTAGE, UH, AS WE HAVE, UM, ALREADY MENTIONED, DROPPING FROM 60 FEET OF FRONTAGE TO 50 FEET, UH, WE'RE RECOMMENDING APPROVAL OF THAT TO GET A, UM, UH, A COUPLE OF THINGS, A SMALLER UNIT ON THERE, BUT THEN ALSO A LITTLE BIT MORE EFFICIENT USE OF LAND.

UH, THE FRONT YARD SETBACK, GOING FROM 30 FEET DEEP TO 25 FOOT DEEP WITH, FOR A REDUCTION OF FIVE, UM, UH, WE'RE RECOMMENDING APPROVAL OF THAT.

THE AGRICULTURAL SETBACK WAS ONE THAT WAS DISCUSSED A LOT WITH COASTAL SQUARE AND RESIDENCES.

UH, 200 FEET, UH, SETBACK FOR RESIDENTIAL STRUCTURES FROM AGRICULTURALLY ZONED PROPERTY.

AS WE SAW ON THAT ZONING MAP, THERE IS, UM, THERE'S A, UM, THERE ARE OTHER AGRICULTURALLY ZONED PROPERTIES, BUT NONE OF THOSE ARE BEING USED FOR AG.

THEY'RE ALL BEING USED FOR RESIDENTIAL PURPOSES.

SO, UH, THE STAFF IS SUPPORTING THAT WAIVER.

UH, UM, UM, FROM 200 FEET TO ZERO.

A, UH, SIDE, A TOTAL SIDE YARD SETBACK REQUIREMENT OF 25 FEET, WHICH WOULD BE 12 AND A HALF FEET ON EACH SIDE.

THEY ARE PROPOSING 10 FEET ON EACH SIDE FOR A TOTAL OF 20, AND THAT'S A REDUCTION OF FIVE.

UM, UH, A TOTAL OF 20 SHOULD STILL BE SAFE FROM A, UM, FROM A FIRE AND SAFETY STANDPOINT.

CENTRAL WATER WE'VE ALREADY DISCUSSED, UH, WAVING THE REQUIREMENT FROM CENTRAL, UH, OR PUBLIC WATER.

INSTEAD, THEY WANT TO USE INDIVIDUAL WELLS.

THE VILLAGE DEVELOPMENT PROJECT SIZE, THERE IS A MAXIMUM OF 40 ACRES.

UM, WHEN YOU PUT THE TWO HALVES TOGETHER, THEY ARE, UH, ABOUT 55 AND A HALF ACRES.

EACH HALF WOULD BE DEFINITELY UNDER THAT 40.

BUT, UM, BUT, UH, WHAT WE HAVE DONE IS, UH, PUT THOSE TOTAL TWO TOTALS TOGETHER.

THEY WOULD NEED A, A 15 AND A HALF ACRE WAIVER FOR THAT.

IF WE COULD GO TO THE, UH, STAFF RECOMMENDATION COLUMN ON THAT.

NUMBER EIGHT THERE.

UH, YEAH, NUMBER EIGHT, THERE WE GO.

UM, IN ORDER TO WAIVE, THERE HAVE TO BE A CERTAIN, UH, CERTAIN ELEMENTS MET.

THEY'D HAVE TO HAVE OPEN SPACE.

THE PLAN WOULD NEED TO CONTAIN CERTAIN PLACEMAKING FEATURES, WHICH THEY DO WITH THEIR, WITH THEIR LANDSCAPE, UH, LANDSCAPED BERM AND STREET TREES AND SIDEWALKS.

UH, AND THE SITE, PROBABLY MOST IMPORTANTLY, CONFORMS TO THE FUTURE LAND USE PLAN.

SO THEY ARE DOING KIND OF A HIGHER DENSITY, UH, DEVELOPMENT IN A VILLAGE DEVELOPMENT DISTRICT.

OKAY.

THESE LAST TWO ARE RE REGARD ARE, ARE WITH REGARDS TO CORNER LOTS.

AND, UM, THERE IS A 150 FOOT MINIMUM WIDTH AND A 35 FOOT SIDE YARD ALONG THE, ALONG THE, UM, UM, ALONG THE STREET.

AND, UH, WE ARE ALSO SUPPORTING THOSE WAIVERS.

IF WE COULD GO TO THE, UH, FAR, TO THE, UM, FAR RIGHT COLUMN THERE.

UH, WHEN YOU THINK ABOUT THE, THE MINIMUM LOT WIDTH, AND THE REASON FOR THE, UM, FOR THE, UH, UH, FOR THE SETBACK, THE SETBACK WAS TO ACCOMMODATE, UM, UTILITIES.

SO THERE MAY BE, UH, UH, FIBER

[01:40:01]

POWER, TELECOMMUNICATIONS, UM, THAT KIND OF THING IN THE FRONT YARD, WHICH THERE WILL STILL BE SOME OF THAT HERE.

BUT, UH, WE KNOW THAT ONE OF THE, ONE OF THE UTILITIES IN COPPER LANDLINES THAT'S GOING AWAY.

SO, SO THAT KIND OF LEAVES FIBER, UH, STORM WATER, WATER STORM WATER AND SEWER ARE GONNA BE IN THE STREET, BUT THE MINIMUM LOT WIDTH, UH, ALL THAT WOULD SERVE TO DO IS TO LENGTHEN THE AMOUNT OF, UH, OF, UM, UTILITIES THEY WOULD NEED ACROSS THAT, UH, LOT.

SO THE LOT WIDTH ITSELF ISN'T, UH, UH, IN MY OPINION, A FACTOR IN WHAT YOU CAN FIT IN THE FRONT YARD.

THAT'S WHAT THE, UM, UH, THAT'S WHAT THE, UH, UH, SETBACK IS FOR.

UH, AGAIN, THEY ARE ASKING FOR A REDUCTION IN THE FRONT YARD SETBACK OR THE SIDE YARD SETBACK ON THE SIDE STREET, EXCUSE ME, FROM 35 FEET TO 25 FEET.

BUT THEY WOULD, IT WOULD STILL BE CONTINGENT ON THEM TO FIT ALL OF THOSE WITHIN A, UM, WITHIN A NARROWER SPACE.

AND THE DEVELOPER, UM, INDICATES THAT THAT IS STILL POSSIBLE.

THE MAIN UTILITIES THAT WE'RE TALKING ABOUT HERE ARE GONNA BE KIND OF THAT STORM WATER AND SEWER.

IF THE TOWN OF VAN C**K PROVIDES A DEFINITIVE ANSWER, THEN WATER WILL ALSO BE PROVIDED FROM THE STREET.

BUT THE REST OF IT, LIKE POWER AND, UM, POWER CABLE AND FIBER OPTIC, THOSE ARE, UH, THOSE ARE TYPICALLY DONE IN CONDUIT AND, UH, USUALLY DONE WITHIN A 10 TO 15 FOOT EASEMENT IN THE FRONT YARD.

SO THAT'S THE EXPLANATION OF THE WAIVERS.

WE'LL GO AHEAD AND PAUSE AT THIS POINT AND THEN SEE IF THERE ARE ANY QUESTIONS ABOUT THOSE.

ANY QUESTIONS? MS. CONNOR, DO YOU HAVE ANY QUESTIONS? NO, I DON'T.

OKAY, THANK YOU.

OKAY.

UM, WE HAVE DRAFTED SOME, UH, UH, SOME, UH, UH, SUGGESTED CONDITIONS.

UH, IT MIGHT BE A LITTLE BIT EARLY TO TALK ABOUT THOSE, BUT THEY BASICALLY REFLECT WHAT WAS, UH, WHAT WAS PROVIDED WITH THE OTHER, UH, WITH THE OTHER BUILD DEVELOPMENTS LIKE THE MARINER FARMS ORIGINALLY, AND THEN ALSO THE COASTAL SQUARE AND RESIDENCES.

UH, THERE WERE A COUPLE OF, OF, OF, UH, CONDITIONS, UH, FOR THOSE TWO THAT WERE NOT, THAT WE FELT WERE NOT APPLICABLE TO THIS DEVELOPMENT, BUT YOU HAVE THOSE CONDITIONS IN YOUR STAFF REPORT FOR STUDY, FOR, UM, FOR ANY FUTURE MEETINGS.

OKAY.

THAT CONCLUDES MY PRESENTATION.

ALRIGHT, THANK YOU.

YOU READY? YEP.

MM-HMM.

I MOVE THAT THE PLANNING COMMISSION HOLD PUBLIC HEARINGS FOR REZONING CASE REZ DASH 0 0 0 180 8 20 25, AND THE COMPANION CONDITIONAL USE PERMIT IN CASE CUSE DASH 0 0 5 4 2 26 ON WEDNESDAY, OCTOBER 14TH, 2026.

I SECOND I HAVE A MOTION.

AND SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE, MS. CONNOR? AYE.

ALL OPPOSED.

ALL RIGHT.

OKAY.

UM, WE'RE MOVING ON TO DERELICT BUILDINGS.

SO THE BOARD OF SUPERVISORS AT THE LAST SESSION, UH, HAD DISCUSSION, IT WASN'T APPROVED YET TO IMPLEMENT UP TO A 10% TAX ON ANY STRUCTURES THAT WERE DEALT WITH.

AND THAT'S, UM, THAT'S ACCEPTABLE IF THE GOAL IS NOT TO REMOVE THOSE STRUCTURES.

SO A TAXPAYER COULD PAY UP TO 10% MORE, BUT HAVE NO INCENTIVE TO HAVE THAT STRUCTURE REMOVED OR HAVE AN INCENTIVE TO REMOVE THAT.

SO I FELT THAT WE PROBABLY NEED TO ENGAGE AND MAYBE RECOMME MAKE A RECOMMENDATION IF THE GOAL IS TO REMOVE THOSE STRUCTURES.

I KNOW BACK IN 2024, 2025, THERE WAS MONEY ALLOCATED IN THE BUDGET TO SUPPORT SUCH EFFORTS FOR DEAL STRUCTURES, UH, VIA GRANTS.

IT DOESN'T HAVE TO BE A GRANT, BUT HOPEFULLY IF THE GOAL IS TO REMOVE THOSE STRUCTURES, THERE'S MONEY ALLOCATED TO DO THAT AND NOT JUST THE TAX INCREASE FOR SUCH STRUCTURES.

SO, UM, I AM MINIMALLY VERSED ON THE PORT OF SUPERVISOR'S CONSIDERATION OF THIS, UH, UH, OF THIS TAX.

WHAT I WILL MENTION IS THAT AT THE LAST MEETING, THEY ULTIMATELY DECIDED THAT ADDITIONAL STUDY WAS NEEDED.

SO NO FINAL DECISION WAS MADE AT, UH, AT THAT MEETING.

UH, UH, ONE OF THE MAJOR ISSUES WITH THE PROPOSAL WAS, UM, TAXING CERTAIN PARTS OF THE

[01:45:01]

PROPERTY AT DIFFERENT RATES.

SO IF THERE IS A HOUSE ON A, ON A, UH, TWO ACRE PIECE OF PROPERTY THAT IS CONSIDERED DERELICT MM-HMM .

THEN YOU COULD REASONABLY TAX THE HOUSE AND THE TWO ACRE PIECE OF PROPERTY AT THAT HIGHER RATE, WHICH IS, UM, YOU KNOW, UH, PRESUMABLY INTENDED TO, UH, UH, TO FORCE A PROPERTY OWNER TO ADDRESS THAT PROPERTY.

UH, A COUPLE OF THINGS THERE.

IF THEY WEREN'T ABLE TO PAY THE TAXES OR TO, TO, OR I'M SORRY, IF THEY WEREN'T ABLE TO FIX UP THE STRUCTURE TO BEGIN WITH, THEN WHAT IS THE LIKELIHOOD THAT THEY WOULD BE ABLE TO PAY AN INCREASED TAX RATE? UH, SECOND, IF THAT SAME DERELICT STRUCTURE WAS ON A 100 ACRE PIECE OF PROPERTY, THEN THAT WOULD BE, UM, UH, THEN THAT PROPERTY OWNER WOULD BE VERY MUCH PENALIZED IF YOU WERE TO, IF YOU WERE TO APPLY THAT INCREASED TAX RATE TO THE RELIC, UH, BUILDING ITSELF AND THE ENTIRE 100 ACRE PIECE AS OPPOSED TO LIKE A SMALLER TWO ACRE PIECE.

SO THERE WERE SOME FUNDAMENTAL, UH, ISSUES WITH THE PROPOSAL THAT THE BOARD OF SUPERVISORS, UH, AGAIN, THEY DID NOT ACT ON THAT, BUT, UH, THOSE WERE KIND OF, UH, TWO ISSUES RIGHT OFF THE BAT THAT THEY DIDN'T FEEL, UM, IF I, IF, IF I RECALL CORRECTLY, THAT THEY DIDN'T FEEL THAT THE ISSUE WAS QUITE RIPE FOR, UH, FOR ACTION.

RIGHT.

AND IT WASN'T, IT WASN'T FINALIZED.

BUT AGAIN, FROM THE PLANNING COMMISSION, UH, IS IT, SHOULD WE BE MAKING A RECOMMENDATION AS TO THE WAY FORWARD FOR THAT? UM, I THINK THEY ASK US FOR TO MAKE THE RECOMMENDATION, NOT WE RECOMMEND.

THAT'S CORRECT.

AND THEY MADE NO SUCH A REFERRAL TO THE PLANNING COMMISSION ON THIS.

I DO, I KNOW THAT AN ORDINANCE AMENDMENT IS, IS SOMETHING THAT YOU'VE BEEN KIND OF, UH, UH, MAULING, WHICH, UH, UH, AGAIN, AN ORDINANCE AMENDMENT WOULD STILL HAVE TO BE REFERRED TO FROM THE, UH, REFERRED TO THE COMMISSION FROM THE, FROM THE BOARD OF SUPERVISORS.

BUT IN TERMS OF THIS, UH, IN TERMS OF THIS, UH, DERELICT BUILDING, UH, UH, UH, A TAX RATE, THAT'S NOT SOMETHING THAT THE BOARD OF SUPERVISORS ASK FOR PLANNING COMMISSION TO WEIGH IN ON.

UM, UH, UH, SO THAT'S THAT.

OKAY.

DOESN'T THE NORTHAMPTON COUNTY HAVE SOMETHING IN BARRING DUR BUILDINGS? THEY HAVE AN ORDINANCE TO THAT EFFECT? UH, YOU KNOW, FOR THE, FOR THE, UH, UM, IDENTIFICATION AND REMOVAL OF DERELICT BUILDINGS, I AM NOT FAMILIAR ENOUGH WITH THEIR ORDINANCE TO KNOW IF THEY HAVE AN INCREASED TAX RATE FOR DERELICT STRUCTURES.

CORRECT.

BUT THAT'S THE ISSUE THAT WE'RE TALKING ABOUT TONIGHT, IS THE, IS THE, UM, IS THE TAX RATE, UH, IS, IS IT SOMETHING THAT WE ASKED FOR IN THE, UH, CIP AND THEY PROVIDE THE COUNTY ALLOCATED MONEY FOR DE DERELICT BUILDINGS BEFORE? YES.

SO THERE ARE, UM, THERE ARE TWO TYPES OF STRUCTURES THAT WE BUDGET FOR.

NUMBER ONE IS THE DERELICT STRUCTURES.

UH, AND, UH, THAT WAS PART OF A PILOT PROGRAM THAT'S, THIS WAS THE LIGHTS FILL, UH, PILOT PROGRAM JUST OUTSIDE OF PARKLEY.

AND, UM, AND, UH, UH, THERE'S MONEY IN THE CIP FOR THAT DERELICT BUILDING REMOVAL PILOT PROGRAM.

IT'S BEEN A COUPLE OF YEARS SINCE THAT WAS ROLLED OUT, SO MAYBE WE CAN RIP THE PILOT TAG OFF OF IT.

MM-HMM .

BUT, UH, THAT IS SOMETHING THAT I BELIEVE HAS BEEN, IS, IS CURRENTLY FUNDED.

THE OTHER PART OF THE BUDGET THAT WE HAVE IS, UM, IS A LINE ITEM.

UH, ACTUALLY IT'S IN MY BUDGET FOR THE REMOVAL OF DANGEROUS STRUCTURES.

SO THOSE ARE TWO DIFFERENT KINDS OF, UH, STRUCTURES THAT WHEN YOU LOOK AT IT, UH, YOU MIGHT THINK THAT THEY LOOK THE SAME.

BUT, UH, UM, AND, AND I'D HAVE TO COME BACK TO YOU WITH MORE INFORMATION ON WHAT THE DISTINCTION IS BETWEEN DERELICT AND DANGEROUS.

UM, BUT FOR, FOR NOW, I THINK THAT THIS SHOULD SUFFICE.

A DERELICT STRUCTURE, UM, IS ONE THAT, UH, ISN'T QUITE, UH, ISN'T QUITE DANGEROUS.

IT'S BOARDED UP, WHEREAS A DANGEROUS STRUCTURE POSES AN IMMEDIATE HEALTH, UH, AND SAFETY RISK TO THE PUBLIC.

OKAY.

IF, IF I'M CORRECT, I THOUGHT IF THE, THE TOP OF THE STRUCTURE HAD CAVED IN THAT WAS DANGEROUS, I THINK THAT MIGHT BE ONE OF THE CRITERIA.

I CAN'T REMEMBER IF IT DANGEROUS.

YEAH.

AND IT SHOULD BE DEMOLISHED OR REMOVED BECAUSE IT IS DANGEROUS.

RIGHT.

YOU KNOW, ESPECIALLY IF LITTLE KIDS, YOU KNOW, KNOW JUST RUNNING AROUND PLAYING WITH EXPERIMENTING, BUT THE ROOF IS ALREADY CAVED IN OR IS, OR YOU CAN RIDE BY SOME AND YOU CAN SEE THAT THEY'RE, THEY'RE DROPPING INSIDE.

THEY'RE

[01:50:01]

NOT ALL THE WAY IN, BUT YOU CAN TELL THAT THEY'RE ABOUT TO GO .

WHAT, WHAT'S, WHAT'S THE PROCESS TO SPEND YOUR MONEY ON DANGEROUS BUILDINGS? UH, WE'RE DEVELOPING A SCORING RUBRIC TO DETERMINE WHAT WOULD BE THE FAIREST WAY TO DETERMINE, UH, YOU KNOW, WE CAN'T MAKE THAT A SUBJECTIVE DECISION.

THERE'S ALWAYS THE EYEBALL TEST, WHICH HAS PROBABLY BEEN USED IN THE PAST, BUT, UH, WE'RE WE'RE DEVELOPING A SCORING, UH, A SCORING SHEET TO SAY, OKAY, WELL THIS IS DEFINITELY A DANGEROUS STRUCTURE.

UM, I THINK THAT THERE ARE JUST SOME OBVIOUS INSTANCES WHERE IF IT'S KIND OF LEANING IN, POSSIBLY THAT MIGHT LEAN INTO THE, UH, UH, UH, INTO THE RIGHT OF WAY THAT, UH, YOU KNOW, UH, THAT WOULD CERTAINLY POSE AN IMMEDIATE, UH, RISK, UH, OR THREAT TO THE PUBLIC'S HEALTH AND SAFETY.

BUT, UH, UM, A SCORING SHEET IS SOMETHING THAT I HAVE ASKED FOR.

OKAY.

THE COUNTY'S BEEN WRESTLING WITH THIS FOR A HUNDRED YEARS.

I GUESS THAT'S THE WAY IT'S, AND THEY ARE DANGEROUS BUILDINGS.

YEAH.

OH, WELL, IF I, IF I HAD MY WAY, PEOPLE ARE ACTUALLY GOING INTO THOSE DANGEROUS BUILDINGS.

I MEAN, IF I HAD MY WAY, I WOULD GO IN AND TEAR 'EM DOWN THE COUNTY, SEND A LANDOWNER BILL.

IF THEY DON'T PAY THE BILL, YOU AUCTIONS OFF THE LAND.

RIGHT.

YOU CAN JUST, THERE YOU GO.

IF I UNDERSTAND THE SCORING, YOU KNOW, BUT IF I HAVE A BUILDING ON MY PROPERTY AND I PUT A NO TRESPASS INSIDE OUT, IS THAT ENOUGH? THEN THAT'S NOT PUBLIC PROPERTY ANYMORE.

IF YOU, IF YOU, YOU KNOW, SO YOU KNOW, A RIGHT TO HAVE SOMETHING ON MY PROPERTY, IT SHOULD BE CONSIDERED.

WELL, IT'S PRETTY NEARLY NOTHING, BUT IF IT'S I AGREE.

YEAH.

SO, BUT THERE IS AN ATTRACTIVE NUISANCE, UH, LIKE POOL REGULATIONS ABOUT FENCES AND SO FORTH.

EVEN THOUGH THEY'RE ON PRIVATE PROPERTY, THEY STILL HAVE CERTAIN REGULATIONS, YOU KNOW, REGARDING AND, AND, AND FROM A CODE PERSPECTIVE, ALL A PROPERTY OWNER HAS TO DO, AND, WELL, ONE OF THE THINGS A PROPERTY OWNER WOULD HAVE TO DO TO, TO, UM, AT LEAST TEMPORARILY, UH, NOT BE CONSIDERED A DANGER, UH, A DERELICT STRUCTURE IS TO BOARD IT UP AND TO FENCE IT OFF.

SO THERE ARE, THERE ARE SOME, UH, WHAT I WOULD CONSIDER TEMPORARY MEASURES THAT MIGHT, UH, THAT MIGHT TEMPORARILY STAY THAT DESIGNATION, BUT, UH, UM, SECURING THE BUILDING FROM, UH, UH, FROM ACCESS IS ONE OF THEM.

YEAH.

THAT'S, THAT'S, AND THAT'S DIFFERENT.

YEAH.

SECURING THE BUILDING IS, YEAH, THAT'S TOTALLY DIFFERENT.

BUT WHEN YOU CAN LOOK AT A BUILDING THAT'S FALLING DOWN THE ROOF IS CAVED IN, THAT'S, THAT'S DANGEROUS.

A LOT OF FIRE STRUCTURES THAT ARE DONE THAT THEY'VE HAD FIRE.

ANY OTHER QUESTIONS? IS THAT, SO TO YOUR QUESTION, HOW DO WE GET TO THE FUNDING IF WE IDENTIFY, HOW DO WE GET TO THE FUNDING OR APPLY OR GET WITH THE LANDOWNER TO HAVE SOMETHING DONE? I THINK STAFF DOES THAT.

THE PLANNING COMMISSION HAS NOTHING TO DO WITH IT.

YEAH.

STAFF DOES THAT.

IT'S, IT'S NOT A, IT'S NOT A, IT'S NOT LIKE A DISCRETIONARY DECISION OR ANYTHING.

UM, BUT WE WOULD DEFINITELY VET THAT DECISION, UM, HEAVILY BEFORE WE GO, UH, COMMIT TAXPAYER MONEY TO DEMOLISH SOMEBODY'S PROPERTY.

THAT IS DEFINITELY ONE OF THOSE INSTANCES WHERE WE WANT TO BE RIGHT BEFORE WE ACT.

ALL RIGHT.

ANY OTHER QUESTIONS? NO, THAT'S IT.

THAT GOOD? THAT'S FINE.

THANK YOU.

ALL RIGHT.

UM, WE'LL MOVE ON TO STAFF REPORT SUBDIVISION AGENT.

OKAY.

UM, THANK YOU FOR THAT.

UH, WE DON'T HAVE ANYTHING NEW TO REPORT FROM A SUBDIVISION STANDPOINT, UH, YOU KNOW, IN ADVANCE OF, UM, IN ADVANCE OF THE PUBLIC HEARINGS, ONE OF THE THINGS I SHOULD MENTION IS THAT SHOULD THIS ENTITLEMENT GO THROUGH THE REZONING AND THE CONDITIONAL USE PERMIT, UH, THERE ARE GOING TO BE ADDITIONAL PROCESSES THAT THE DEVELOPER WOULD HAVE TO GO THROUGH.

FOR DUNCAN MANOR, I'M TALKING ABOUT DUNCAN MANOR, UM, A, UH, PRELIMINARY PLAT, UH, WHICH AS YOU SAW, THEY'VE ALREADY, UH, THEY'VE ALREADY PUT TOGETHER WHO WOULD HAVE TO BE SUBMITTED AND REVIEWED BY THE PLANNING COMMISSION AND ULTIMATELY APPROVED BY THE SUBDIVISION AGENT, WHO IS ME.

UM, AND THEN THEY'D ALSO HAVE TO GO THROUGH A SITE PLAN PROCESS.

BUT AS OF RIGHT NOW, THERE ARE NO SUBDIVISIONS LIKE THAT.

UM, UH, UH, UNDER CONSIDERATION AS ALWAYS, THE STAFF IS ALWAYS LOOKING AT THE, UH, SMALLER SUBDIVISIONS, FAMILY SUBDIVISIONS, LOT SPLITS, UM, LOT LINE VACATIONS, THINGS OF THAT SORT.

SO WITH THAT BEING SAID, THE ZONING ADMINISTRATOR REPORT, THE BZA WAS QUITE BUSY EARLIER THIS MONTH.

AS YOU CAN SEE FROM THE LIST, UH, THEY HAD NINE CASES, ONE WAS DEFERRED, SEVERAL WERE GRANTED, ACTUALLY TWO WERE DEFERRED, ONE WAS ACTUALLY DENIED.

AND THAT WAS KIND OF THE CASE OF THE DAY.

SO THE BZA

[01:55:01]

MET HERE IN THIS ROOM, UH, LAST WEEK, UH, LAST WEDNESDAY MORNING, AND, UM, THIS LAST CASE FOR THE, UM, FOR THE AGRITOURISM, UH, RIGHT THERE IN, UH, IN WATVILLE.

AND, UH, SEVERAL PEOPLE CAME OUT TO, UH, SPEAK IN OPPOSITION TO THAT.

IT WAS, UH, QUITE A SURPRISE FOR US THAT THAT MANY PEOPLE SHOWED UP BECAUSE THERE WAS OVERFLOW INTO THE HALLWAY AT THAT POINT.

UM, ALL FOR THAT CASE, WHICH WAS I BELIEVE THE, UM, UH, CLOSE TO THE LAST ONE.

IN ANY CASE, THAT ONE WAS, UM, UH, WAS, UH, UH, UH, WAS DENIED BY THE BCA.

SO FOR, FOR NEXT MONTH IN OCTOBER NINE, PUBLIC HEARINGS WITH A VARIETY OF, UH, CASE TYPES, THERE'S GONNA BE ONE RV, THERE ARE, UM, UH, JUST TWO VARIANCES AND ACTUALLY THREE VARIANCES.

AND, UM, UH, SEVERAL OF THOSE ARE GONNA BE ACCESSORY STRUCTURES WITHOUT A PRIMARY, UH, WITHOUT A PRIMARY DWELLING FROM A DEPUTY COUNTY ADMINISTRATOR STANDPOINT.

UH, AS YOU ALL KNOW, YOU HAD YOUR, UM, YOU HAD YOUR JOINT WORK SESSION WITH THE BOARD OF SUPERVISORS A COUPLE OF WEEKS AGO, AND THAT I FELT THAT THAT WAS A VERY GOOD, INFORMATIVE SESSION.

UM, UH, JUST TO BE ON STANDBY FOR YOUR NEXT JOINT WORK SESSION IN OCTOBER, WHERE WE'LL BE DISCUSSING TRANSPORTATION AND OTHER MAJOR PROJECTS INCLUDING INFRASTRUCTURE PROJECTS, TI PAM AND I HAVE A CALL WITH THE BERKELEY GROUP ON FRIDAY TO, UH, TO KIND OF MAP OUT THE APPROACH TO THAT, UM, TO THAT PART OF THE COMPREHENSIVE PLAN.

SO, SO, UH, THE ONLY OTHER ITEM FROM A DEPUTY COUNTY ADMINISTRATOR STANDPOINT IS ENVIRONMENTAL STAFF.

THE STAFF REPORT SAYS TWO NEW EMPLOYEES.

WE ACTUALLY ONBOARDED ONE, ONE OF THE EMPLOYEES, UM, DETERMINED THAT THEY COULDN'T COMMIT TO THE FULL-TIME POSITION A COUPLE OF DAYS BEFORE THEIR START DATE.

SO WE ONBOARDED ONE ENVIRONMENTAL, UH, PERMIT SPECIALIST, UH, STARTED YESTERDAY.

AND, UM, HIS NAME IS DAN GANIS.

HE WAS SELECTED AS THE ENVIRONMENTAL PERMIT SPECIALIST.

HE GRADUATED IN 2001 FROM JAY SERGEANT REYNOLDS COMMUNITY COLLEGE, AND THAT'S IN RICHMOND WITH AN ASSOCIATE OF SCIENCE DEGREE AND A SPECIALIZATION IN SCIENCE.

HE SUBSEQUENTLY GRADUATED FROM VIRGINIA COMMONWEALTH UNIVERSITY IN 2024 WITH A BACHELOR OF INTERDISCIPLINARY SCIENCE WITH A FOCUS ON ENVIRONMENTAL STUDIES.

SO HE MOST RECENTLY WORKED AS AN ENVIRONMENTAL COMPLIANCE COORDINATOR FOR DOMINION, VIRGINIA POWER OR DOMINION, VIRGINIA ENERGY.

AND, UM, UH, HE PERFORMED A VARIETY OF DATA GIS AND ENVIRONMENTAL COMPLIANCE DUTIES, PARTICULARLY IN STORMWATER AND EROSION AND SEDIMENT CONTROL INSPECTIONS.

AND THAT'S WHERE WE REALLY NEED, UM, UH, SOME HELP IS WITH REGARDS TO THOSE INSPECTIONS.

SO, UH, AS SUCH, HE HOLDS A DUAL COMBINED EROSION AND SEDIMENT CONTROL STORM WATER MANAGEMENT INSPECTOR CERTIFICATION, AND HE ALSO HOLDS A VIRGINIA WATERCRAFT LICENSE.

UM, THE ONLY OTHER THING FROM A, UM, FROM A DEPUTY ADMINISTRATOR STANDPOINT THAT I'D LIKE TO REPORT THAT ISN'T IN THE, UH, THAT ISN'T IN THE, UM, UH, ONLINE AGENDA IS, UH, GRACE WOODWORTH, UH, ONE OF OUR ADMINISTRATIVE ASSISTANTS, UH, UM, SHE'S PRIMARILY WORKING IN ECONOMIC DEVELOPMENT.

SHE WAS PROMOTED FROM AN ADMINISTRATIVE ASSISTANT ONE TO AN ADMINISTRATIVE ASSISTANT TWO.

SO, UM, UH, THAT CONCLUDES MY, UH, STAFF REPORT AND I CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

I HAVE NO QUESTIONS.

ANY, ANY UPDATES ON THE WHITESVILLE BATTERY FACILITY? YES, SIR.

UH, THEY HAVE SUBMITTED A, UH, THEY HAVE SUBMITTED AN APPEAL TO THE ZONING ADMINISTRATOR'S DETERMINATION.

UH, I HAVE DETERMINED IF THAT THEY DO NOT HAVE A VESTED RIGHT.

UM, UH, FOR THEIR, UM, UH, FOR THEIR CONDITIONAL USE PERMIT OR THEIR VESTED RIGHT FOR, FOR A USE.

SO THEY HAVE APPEALED THAT DETERMINATION.

WE RECEIVED THAT JUST A COUPLE OF DAYS AGO.

SO THAT WILL MOST LIKELY BE HEARD IN, UM, IN UH, UH, NOVEMBER, NOT OCTOBER.

OH, SO THEY'RE NOT A GO HOOKED UP? AS FAR AS I KNOW, THEY'RE NOT CURRENTLY CONNECTED.

OH.

GOT WALLS ON THE GROUND.

I GOTCHA.

ALRIGHT.

ANY OTHER QUESTIONS? I MAKE A MOTION TO ADJOURN.

I MOTION TO ADJOURN.

I SECOND SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE, MR. CONNOR? AYE.

ALL RIGHT.

WELL,

[02:00:01]

YOU HAVE A NICE DAY, MS. CONNOR.

THANKS EVERYBODY.