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AND MR. ROGERS ABSENT.[Planning Commission Regular Meeting on October 14, 2026.]
UM, WE CAN MOVE ON TO ADOPTION OF THE AGENDA.DO WE HAVE ANY ADDITIONS OR SUBTRACTIONS TO THE AGENDA? ANYBODY WANT TO MAKE A MOTION? SO MOVED.
I HAVE A MOTION AND A SECOND TO ADOPT AS WRITTEN.
WE MOVE ON TO THE MINUTES OF WEDNESDAY, SEPTEMBER 9TH.
ANYBODY HAVE ANY CORRECTIONS? I DON'T.
CAN MOVE ON TO, MOVE ON TO PUBLIC COMMENT PERIOD.
DO WE HAVE, WE HAVE SOMEBODY...
WE HAVE PAUL, IS THAT BURGE? OKAY, I'M SORRY.
OKAY, COME UP, STATE YOUR NAME AND, UH, WHERE YOU LIVE AND YOU HAVE FOUR MINUTES.
UH, MY FAMILY LIVES AT 31144 BUNNY POINT ROAD OUTSIDE OF WATCHBREAK ON SEASIDE WATCH - UH, UH, NICKELOMPUS CREEK.
UM, I HAVE TWO SHORT COMMENTS.
UH, FIRST, THIS CHART, UH, THAT, THAT TALKS ABOUT THE COUNTY PERMIT DETERMINATION PROCESS WAS VERY HELPFUL IN SHOWING WHERE THE ISSUES ARE, UH, UH, R- RELATING TO THE BAY ACT.
AND, AND, UM, IT'S HELPFUL, IT'S HELPFUL TO UNDERSTAND THE CONCERNS THAT SOME FOLKS HAVE ABOUT INCLUDING THE SEASIDE AND THE BAY ACT.
UH, HOWEVER, IT'D BE HELPFUL FOR US LAYMAN IF, UH, UH, YOU COULD, UH, UH, SHOW THE COSTS INVOLVED IN GETTING A PERMIT FOR CONSTRUCTION IN THE BAY ACT AREA AS OPPOSED TO THE, THE COST OF CONSTRUCTION IN A NON-BAY ACT AREA.
UM, IT'S MY UNDERSTANDING THAT EXTRA ENGINEERING COSTS ARE INVOLVED, UM, AND A W - BUT I WONDER HOW MUCH EXTRA COST IS INVOLVED IF THE EXTRA COST IS SIGNIFICANT.
UM, FOR EXAMPLE, ARE WE ASKING THAT WE, THEY PAY AN ADDITIONAL $2,000 FOR AN OVERALL PROJECT OF $500,000? UM, I, I KNOW THE STAFF WILL PROBABLY HAVE TO DO SOME SPECULATING AND WITH YOUR ENGINEERING PEOPLE, UH, BUT I THINK IT'D BE HELPFUL WHEN, WHEN WE MAKE, UH, YOU MAKE YOUR DECISION KNOWING WHAT THE ACTUAL COSTS ARE FOR, UH, THIS KIND OF DIFFERENCE.
UM, SECOND, I WANTED TO SHARE A STORY TO HELP YOU UNDERSTAND THE PERSPECTIVE OF THOSE OF US WHO WISH TO, THAT THE SEASIDE BE RESTORED TO THE COUNTY BAY ACT.
UM, LAST WEEK, JIM MCGOWAN AND I, WHO BY THE WAY IS OUT IN THE CAR WAITING OUT FRONT, WAITING FOR AAA TO JUMP IN.
UH, BUT THAT'S GOOD BECAUSE I'M GONNA TALK ABOUT HIM.
JIM MCGOWAN AND I WENT, UH, LAST AFTERNOON TO, UH, UH, SEE KEITH BULL, UH, AT HIS HOME ON BAYSIDE, WESTERHOUSE CREASE, CREEK IN NORTHAMPTON COUNTY.
YOU MAY RECALL THAT KEITH, KEITH WAS FIRST THE, UH, NORTHAMPTON COUNTY ADMINISTRATOR, THEN HE WAS THE FIRST DIRECTOR OF THE STATE CHESAPEAKE BAY ACT DEPARTMENT, AND THEN LATER BECAME ACCOMACK COUNTY ADMINISTRATOR BEFORE HE RETIRED.
AGAIN, WE WENT TO VISIT HIM AT, UH, AT HIS HOME.
UM, AND, UH, ALSO WITH ME WAS JIM MCGOWAN, WHO WAS FOREIGN PLANNING DIRECTOR OF ACCOMACK COUNTY, AND ME WHO WAS DIRECTOR OF THE ACCOMACK NORTHAMPTON PLANNING DISTRICT COMMISSION.
UM, SO BASICALLY YOU HAD A BUNCH OF LOCAL GOVERNMENT JUNKIES WANTING TO CATCH UP ON, ON GOSSIP.
AND AS YOU MIGHT IMAGINE, WE, UH, WE, WE CHATTED ABOUT YOU GUYS A BIT.
UM, IT TURNS OUT THAT KEITH, WHEN HE BUILT HIS HOUSE ON THE CREEK BACK IN THE 1970S, BEFORE THE BAY ACT, IT WAS, IT WAS WITHIN THE, THE 100-FOOT BUFFER ZONE.
HE TOLD US THAT AFTER THE BAY ACT WAS PASSED, HE HAD TO WORK WITH THE COUNTY WHEN HE WANTED TO ADD A PORCH THAT WOULD BE WITHIN 50 FEET OF THE SHORELINE.
AND HE TOLD US HOW HE HAD TO DO A NUMBER OF MITIGATION ACTIVITIES IN ORDER TO GET HIS PERMIT.
ONE THAT WAS KIND OF INTERESTING WAS HE, HE HAD TO DIRECT ALL OF HIS RAINWATER OFF OF HIS ROOF INTO AN UNDERGROUND STORM DRAIN INSTEAD OF ALLOWING IT JUST TO, TO FLOW INTO THE CREEK.
WHILE IT REQUIRED EXTRA EFFORT BECAUSE OF THE BAY ACT, THAT EFFORT AND THAT EFFORT HAS BEEN, EXTRA EFFORT HAS BEEN CRITICIZED BY SOME OF THE MEMBERS, HE NEVERTHELESS HAS A BEAUTIFUL BACK PORCH OVER, OVERLOOKING THE ONE, THE, THE CREEK.
UH, MORE IMPORTANTLY, WE WATCHED HIS NEIGHBOR AND HIS SON THROW CAST NETS FROM THE BOAT AND WATER IN FRONT OF KEITH'S HOUSE, CATCHING SHRIMP TO TAKE HOME FOR SUPPER.
UH, THE WATER WAS SO CLEAR AND CLEAN THAT THEY COULD CATCH AND EAT FISH RIGHT OUT IN FRONT OF KEITH'S HOUSE, AND THAT'S A SPECIAL GIFT TO, TO, OF, OF EASTERN SHORE LIVING.
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AND IT EXEMPLIFIES WHY SOME OF US SUPPORT THE IDEA OF HAVING THE BAY ACT AND NOT ONLY ON BAYSIDE, BUT ON SEASIDE.UH, AND I HOPE WE'LL TAKE THIS SPECIAL GIFT IN MIND AND WON'T, WON'T TAKE IT FOR GRANTED AS WE DECIDE WHAT TO DO ABOUT RESTORING THE SEASIDE TO THE BAY ACT.
I HOPE I'M INVITED TO THE BACHELOR PARTY.
UH, I DON'T HAVE ANYBODY ELSE SIGNED UP.
WOULD ANYBODY ELSE LIKE TO COME UP AND SPEAK IN THE COM - PUBLIC COMMENT PERIOD? ALL RIGHT.
WE'LL CLOSE THE PUBLIC COMMENT PERIOD.
MOVE ON TO, WE DON'T HAVE OLD BUSINESS OR NEW BUSINESS PUBLIC HEARING.
YOU WANT TO SKIP DUNCAN MANOR SINCE POSTPONED? IF YOU'RE READY, I'LL GO ON.
UM, SO, UM, THE DUNCAN MANOR REZONING REZ-0001882025 AND CONDITIONAL USE, UH, CUSE-00054 - 2026 HAS BEEN POSTPONED TO OUR NOVEMBER THE 12TH, UH, MEETING DUE TO AN ADMINISTRATIVE ISSUE.
UH, YOUR PACKET NEXT MONTH WILL, UM, INCLUDE A FULL STAFF REPORT FOR BOTH OF THOSE CASES.
WE CAN MOVE TO AMENDMENT TO CHAPTER 106 ZONING AND COMPLY WITH NEW STATE LAWS REQUIRING LOCALITIES ACCOMMODATE CERTAIN SOLAR USES.
WE'LL OPEN THE PUBLIC COM - PUB- PUBLIC HEARING.
UM, THANK YOU, MADAM CHAIR, MEMBERS OF THE COMMISSION, LEE PAMBA, DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
UH, WE'VE GOT, UH, TWO OTHER PUBLIC HEARINGS THAT WE NEED TO GET THROUGH BESIDES THE ONES THAT WERE POSTPONED UNTIL NOVEMBER.
THEY ARE BOTH DEALING WITH, UM, ENERGY USES.
NUMBER ONE, UH, AN AMENDMENT ALLOWING, UH, UH, CERTAIN SOLAR USES IN, UH, IN VARIOUS ZONING DISTRICTS, AND I'LL GO THROUGH THAT HERE IN JUST A MINUTE.
AND THEN THE OTHER ONE THAT WOULD ALLOW BATTERY ENERGY STORAGE SYSTEMS BY RIGHT AS AN ACCESSORY USE IN THE, UM, UH, UH, ON SOLAR FIELDS WITH AN EXISTING CONDITIONAL USE PERMIT.
SO THIS RIGHT HERE IS THE ENERGY SYSTEMS USE MATRIX THAT THE STAFF HAS KIND OF COMPILED TO TRY TO UNRAVEL ALL OF THE DIFFERENT ENERGY, UH, ENERGY RELATED USES THAT ARE IN THE ORDINANCE CURRENTLY.
THIS MATRIX IS GONNA CHANGE SIGNIFICANTLY OVER THE NEXT COUPLE OF MONTHS, AS I WILL EXPLAIN THROUGH THE, UM, THROUGH THE COURSE OF THESE CO - UH, COUPLE OF PUBLIC HEARINGS.
BUT, UM, WHAT'S GONNA CHANGE IS, UH, THIS ROW RIGHT HERE DEALING WITH UTILITY SCALE SOLAR, AND THEN THIS ROW RIGHT HERE DEALING WITH BATTERY ENERGY STORAGE SYSTEMS. SO FOR THE SOLAR USES, JUST A LITTLE BIT OF BACKGROUND, UM, AN AMENDMENT IS NEEDED TO COMPLY WITH THE GENERAL ASSEMBLY'S PASSAGE OF A BILL TO REGULATE SOLAR FACILITIES.
WHAT THEY ARE NOW, UM, ASKING LOCALITIES TO DO IS TO ALLOW SOLAR FACILITIES IN OTHER DISTRICTS BESIDES INDUSTRIAL.
SO WHAT THE STAFF HAS PROPOSED IS TO ALLOW THEM, UH, AGAIN, BECAUSE OF THE, UH, STATE CODE, UH, TO ALLOW THEM IN THE AG INDUSTRIAL B1, B2, AND THE VILLAGE DEVELOPMENT DISTRICTS.
WITH THAT BEING SAID, THE EFFECT OF THIS AMENDMENT WOULD, WOULD BE THAT REZONINGS ARE NO LONGER REQUIRED TO INDUSTRIAL BECAUSE CURRENTLY SOLAR FIELD, UTILITY SCALE SOLAR FIELDS ARE ONLY ALLOWED IN THE INDUSTRIAL DISTRICT WITH A CONDITIONAL USE PERMIT.
WHAT WE ARE DOING IS ALLOWING THEM IN THESE OTHER ZONING DISTRICTS BY CONDITIONAL USE PERMIT.
SO EVEN THOUGH A REZONING IS NO LONGER REQUIRE, OR WOULD NO LONGER BE REQUIRED, THE CONDITIONAL USE PERMIT PROCESS WOULD STILL ALLOW THE TWO PUBLIC HEARING PROCESS THROUGH THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS.
SO THERE IS STILL A LITTLE BIT OF CONTROL, UH, AND, UM, AND REVIEW INVOLVED AT THAT HIGHER LEVEL.
AS WE'VE BEEN BRIEFING OVER THE PAST FEW MONTHS ON THIS, THE LEGAL AND PLANNING STAFFS HAVE REVIEWED THIS AND WE RECOMMEND APPROVAL AS PRESENTED.
NOW, I'VE GOT TWO MOTIONS FOR YOU.
NUMBER ONE IS A MOTION FOR APPROVAL AND THE OTHER ONE IS A MOTION FOR DENIAL.
THIS MOTION IS BROKEN UP INTO TWO SECTIONS.
UH, IF YOU WANT TO, UH, IF YOU WANT TO RECOMMEND APPROVAL AS PRESENTED, THEN YOU DO NUMBER ONE.
IF YOU WANT TO MAKE CHANGES, THEN YOU, UH, THEN YOU DROP DOWN TO NUMBER TWO AND THEN YOU WOULD LIST WHATEVER CHANGES YOU WANT.
UH, WE ARE NOT GONNA GO THROUGH THE ENTIRE
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TEXT OF THE ORDINANCE BECAUSE WE'VE ALREADY DONE THAT.IN TERMS OF DENIAL, UM, UH, YOU WOULD, YOU WOULD BE, UH, UH, YOU, YOU WOULD RECOMMEND DENIAL TO THE BOARD OF SUPERVISORS, BUT IF YOU DO, THEN YOU HAVE TO LIST THE REASONS FOR DENIAL.
SO, UH, THAT CONCLUDES MY PRESENTATION AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? I D - OKAY, GO AHEAD, SIR.
I NOTICED YOU INCLUDED VILLAGE DEVELOPMENT DISTRICTS IN YOUR LIST OF ACCEPTABLE, THAT'S, IS THAT A LITTLE BIT OUT OF, UH, WHAT THE OTHER ONES, THE AGRICULTURES? YOU, ONE, ONE WOULD THINK SO.
UH, THE REASON WHY THAT WAS INCLUDED THOUGH, SIR, IS BECAUSE IN THE STATE CODE IT SAYS MIXED USE DISTRICTS AND THAT'S WHY WE HAD TO INCLUDE THAT IN THERE.
OF COURSE, YOU CAN RECOMMEND APPROVAL WITH THOSE OTHER ZONING DISTRICTS MINUS VILLAGE DEVELOPMENT FOR, YOU KNOW, FOR THE REASON THAT YOU STATED.
SO, UH, WHEN YOU LOOK AT WHAT THE VILLAGE DEVELOPMENT DISTRICT IS, IT'S ESSENTIALLY A MIXED USE DISTRICT WITH THE OPTIONS FOR, UH, AS WE'VE FOUND THROUGH COASTAL SQUARE AND ALSO THROUGH DUNCAN MANOR, THE DEVELOPER CAN COME IN AND ASK FOR, UH, FOR CERTAIN, UH, WAIVERS OF ZONING ORDINANCE REQUIREMENTS.
BUT FOR THE, FOR JUST A MIXED USE, UH, ZONING DISTRICT IN GENERAL, WE'RE TALKING ABOUT COMMERCIAL, YOU'RE TALKING ABOUT, UM, UH, UH, NORMALLY HIGHER DENSITY, UH, RESIDENTIAL, AND AGAIN, IT WOULD CERTAINLY BE WITHIN THE PLANNING COMMISSION'S, UH, PREROGATIVE TO RECOMMEND APPROVAL WITH THAT, WITH, WITH THAT CHANGE IF YOU WANTED TO STRIKE THAT, YOU'D HAVE TO INDICATE WHY IF YOU SAY THAT.
'CAUSE I, MY REASON WOULD BE THAT IT TENDS TO BE MORE OF AN INDUSTRIAL, UH, APPLICATION WITH THE SOLAR PANELS, AND YOU'RE PUTTING THAT IN WITH WHAT YOU JUST SAID, A HIGH DENSITY RESIDENTIAL.
SO I, I'M SAYING I'M SEEING A LITTLE BIT OF A MIS- MISMATCHED HERE.
UH, SO I, I HESITATE TO INCLUDE VILLAGE DEVELOPMENT IN, IN BY RIGHT OR EVEN WITH CONDITIONAL USE.
SO - CONDITIONAL USE ALLOWS YOU TO ESSENTIALLY REVIEW AND RECOMMEND DENIAL OF, OF THAT.
BUT AGAIN, UH, THE REASON WHY IT WAS INCLUDED IS BECAUSE STATE CODE INCLUDED MIXED USE DISTRICTS WITHIN THEIR, UM, YOU KNOW, SORRY.
ALONG THOSE LINES, THIS IS REALLY DESIGNED FOR INDUSTRIAL POWER, NOT...
SO IN A VILLAGE DEVELOPMENT, IF A DEVELOPER SET ASIDE TWO OR THREE ACRES TO PUT UP SOLAR PANELS TO POWER THE TOWNHOUSES THAT HE'S BUILDING - RIGHT.
SO - IS THAT WHAT THIS IS FOR OR IS THIS REALLY FOR PJM AND - THIS IS FOR - IT'S NOT FOR ANEC.
THIS IS, THIS IS FOR THE GRID.
ANEC BUYS THEIR POWER FROM PJM AND THIS POWER IS FOR PJM, WHICH SERVICES PENNSYLVANIA, NEW JERSEY, ALL THE OTHER PARTS OF THIS STATE.
AND SO WE'RE ASKED TO PUT IN SOLAR POWER ON CHEAP LAND, WHICH THEY CAN GET AND, YOU KNOW, A FARMER'S HIGHEST AND BEST USE.
AND I CAN ENVISION SEVERAL HUNDRED ACRES BEING TAKEN OUT OF SERVICE FOR SOYBEANS AND WHEAT AND CORN, WHICH IS WHAT THIS COMMUNITY HAS SAID IN THE PLANNING DOCUMENTS THAT WE WANT.
THAT WE'RE GONNA HAVE THIS PUSHED ON US TO HAVE ACRES AND ACRES AND ACRES.
AND IT'S ABSOLUTELY AN ABOMINATION THAT THE STATE SHOULD DO THIS TO US.
SO I DON'T KNOW WHAT REASONS YOU NEED FOR DENIAL, BUT IF, IF, IF WE CAN TAKE SOME TIME AND LIST THEM OUT, UH, YOU, YOU KNOW, IF YOU'RE GONNA TAKE HUNDREDS OF ACRES OUT OF SERVICE FROM FARMING, I THINK THE PUBLIC IN THIS COUNTY, AND IF WE'RE GONNA BE POWERING DATA CENTERS IN NORTHERN VIRGINIA AND MARYLAND AND PENNSYLVANIA FROM RIGHT HERE, OUR PUBLIC SHOULD HAVE SOME MORE SAY THAN JUST THIS ON THAT ISSUE.
SO, UM, ARE THAT, WHAT I WANNA DO IS TO GO BACK TO THESE DEFINITIONS HERE AND KIND OF BREAK UP, UH, UH, LARGE AND SMALL SOLAR ENERGY SYSTEMS VERSUS THE UTILITY SCALE, WHICH IS WHAT YOU'RE TALKING ABOUT.
SMALL AND LARGE SOLAR ENERGY SYSTEMS ARE, ARE GENERATING POWER FOR CONSUMPTION ON SITE.
THE UTILITY SCALE SOLAR ENERGY SYSTEMS ARE FOR
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TRANSMISSION BACK TO THE GRID, YOU KNOW, YOU KNOW, PER, PER YOUR POINT, WHERE IS THAT ENERGY GOING? UH, THAT ISN'T NECESSARILY CONTEMPLATED NEITHER IN STATE CODE NOR OUR, UH, NOR OUR, UH, UH, UH, PROPOSED ORDINANCE AMENDMENT, WHICH ESSENTIALLY, YOU KNOW, UH, UH, FOLLOWS STATE CODE.SO WITH THAT BEING SAID, IT'S A LAND USE DECISION, AND YOU TOUCHED ON THAT A LITTLE BIT IN TERMS OF WHAT THE COMPREHENSIVE PLAN SAYS, YOU KNOW, THE PRESERVATION OF OPEN SPACE AND AG LAND VERSUS, UH, CONVERSION TO, UH, TO A DIFFERENT USE OR TO A HIGHER INTENSITY USE.
UM, THAT IS CERTAINLY A POINT THAT YOU ALL COULD CONTEMPLATE IN TERMS OF EITHER, UH, IN TERMS OF, UH, CHANGING WHAT YOU'VE READ OVER THE PAST COUPLE OF MONTHS OR FLAT OUT DENYING, WHICH AGAIN, ACCORDING TO STATE CODE, YOU HAVE TO GIVE THE REASON WHY YOU WOULD DENY THAT.
I JUST WANNA MAKE SURE THAT THE PUBLIC IN THIS COUNTY HAS A SAY IN WHAT GOES ON IN THIS COUNTY.
AND IF THIS ELIMINATES SOME PAR- PARCEL OR PIECE OF THE CITIZENS FROM BEING ABLE TO HAVE A SAY IN WHAT GOES ON IN THIS COUNTY, I HAVE A PROBLEM WITH THAT.
SO WHAT THE ORDINANCE DOES IS IT EXPANDS THE DIFFERENT ZONING DISTRICTS WITHIN WHICH A, A UTILITY SCALE SOLAR FIELD COULD, UH, COULD, UH, BE PLACED.
HOWEVER - SO IF THE PUBLIC WANTED TO DENY IT, OR IF WE WANTED TO...
IF THE PUBLIC SAID NO, WE STILL DON'T HAVE TO SAY TO THE PUBLIC, "WE'RE SORRY, BUT THE STATE HA SAID YOU HAVE TO DO THIS." NO TO THE ORDINANCE AMENDMENT OR NO TO A FUTURE APPLICATION? BOTH.
SO YOU, YOU WOULD STILL HAVE TO, UM, SO YOU'D STILL HAVE TO INDICATE THE REASONS FOR THE DENIAL.
UH, ALL I CAN SAY IS WE ADVERTISED THIS PUBLIC HEARING PER THE STATE CODE AND, UM, SINCE THIS IS NOT FOR ANY SPECIFIC PROPERTY, ADJACENT PROPERTY OWNER NOTICES WERE NOT PROVIDED, YOU KNOW, YOU, UH, YOU DON'T DO THAT TYPICALLY FOR A, FOR A CODE AMENDMENT, BUT IT HAS BEEN, UH, DULY, UH, UH, YOU KNOW, ADVERTISED.
WELL, MY THOUGHTS ARE ON THE RECORD NOW, SO.
SO THE SAME AS WITH THE VILLAGE, WE HAVE SEVERAL COMMUNITIES THAT ARE ZONED AS AGRICULTURE, AND SO THAT'S A CONCERN AL - SHOULD BE A CONCERN ALSO.
IF WE'RE LOOKING AT THE, LOOKING FOR THE, THE ONES THAT ARE ZONED AS VILLAGE DEVELOPMENT, THEN WE HAVE COMMUNITIES AND NEIGHBORHOODS THAT ARE ZONED AS AGRICULTURE.
SO BASED ON THAT, IT, IT MAY BE OPEN AREAS, OPEN FIELDS, BUT WE HAVE RESIDENTS THAT ARE RESIDING IN SOME OF THOSE AREAS AS WELL.
YOU HAVE, YOU WOULD HAVE RESIDENTS, UH, RESIDING, YOU, YOU CURRENTLY HAVE RESIDENTS RESIDING NEXT TO THE AMAZON SOLAR FIELD IN, UH, IN, UM, UH, NORTHERN ACCOMACK.
UH, AGAIN, WHAT, WHAT THIS ORDINANCE AMENDMENT WOULD DO IS IT WOULD EXPAND THE ZONING DISTRICTS WITHIN WHICH SOLAR FIELDS ARE ALLOWED FROM CURRENTLY JUST INDUSTRIAL WITH A CONDITIONAL USE PERMIT TO ALL OF THESE WITH A CONDITIONAL USE PERMIT.
BUT, UH, YOU KNOW, TO, TO YOUR POINT, UM, ONE WOULD BE HARD PRESSED TO LOCATE A SOLAR FIELD THAT WOULDN'T BE NEXT TO HOMES.
SO MAYBE JUST LIMIT IT TO INDUSTRIAL.
DO WE NEED TO ADD THE OTHER ZONED AREAS? WELL, THAT'S WHAT THE STATE'S FORCING US TO DO.
THAT'S, THAT'S, THE STATE IS FORCING US TO DO THAT.
WE, WE RECOMMENDED, AND IT WAS PASSED BY THE BOARD OF SUPERVISORS, TO LIMIT UTILITY SCALE TO ZONE INDUSTRIAL.
AND WE DID THAT FOR A REASON, TO, UH, PRESERVE AG LAND.
AND, AND IN OUR, WE FELT IT WAS OUR OBLIGATION TO PURDUE AND TYSON AND ALL THE POULTRY ON THE DELMARVA PENINSULA, BECAUSE THAT'S WHERE ALL THE CORN GOES.
AND, YOU KNOW, WE'RE ON POSITIVE BASIS.
OUR PRICES HERE ON THE SHORE ARE HIGHER THAN THE CHICAGO BOARD OF TRADE PRICE BECAUSE OF THE LACK OF CORN AVAILABLE TO THE POULTRY INDUSTRY HERE ON THE DELMARVA PENINSULA.
AND ALL OF THOSE WERE FACTORS IN WHY WE MADE THAT DECISION.
AND SO IT'S, IT'S A TRAVESTY THAT WE'RE BEING FORCED TO ALLOW FARMLAND TO BE TAKEN.
GRANTED, IT GOES THROUGH A CONDITIONAL USE PERMIT PROCESS WHERE THERE'S A SLIGHT ELEMENT OF
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DE- DENIABILITY IN THAT.BUT, UH, I DON'T KNOW HOW WE CAN PRESERVE IT.
WHAT HAPPENS IF WE DENY THIS? IF WE GIVE YOU THE REASONS TO DENY IT TODAY? OR DO - IT, IT WOULD BE FORWARDED TO THE BOARD OF SUPERVISORS AS A RECOMMENDATION TO NOT AMEND THE ORDINANCE FOR THE, FOR WHATEVER REASONS YOU STATE.
AND IF THEY THEN SAY THAT THEY ARE NOT GOING TO DO THIS, WHAT DOES THE STATE DO THEN? THAT I WOULD HAVE TO CONSULT WITH LEGAL.
I DON'T KNOW WHAT THAT, YOU KNOW, HONESTLY, I DON'T KNOW WHAT THAT OPENS US UP TO.
REASONS? YEAH, GO AHEAD, MR. BETT.
I, I'D LIKE TO MAKE A MOTION TO DENY THIS FOR TWO REASONS.
UH, THIS CONCERN FOR THE, UH, POSSIBLE LOCATION OF A MISMATCH WITH THE C - RESIDENTIAL COMMUNITY, SPECIFICALLY THE VILLAGE DEVELOPMENT DISTRICT.
AND SECONDLY, WE'D LIKE TO LIST AS A REASON FOR DENIAL, ALL CONCERN TO RETAIN AS MUCH FARMLAND AS POSSIBLE IN CONCURRENCE WITH OUR CURRENT, UH, UH, COMPREHENSIVE PLAN.
UM, ANY OTHER QUESTIONS FOR STAFF? OKAY.
WE HAVE TO WAIT ON THE MOTION.
WE HAVE TO OPEN PUBLIC COMMENT PERIOD.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
WE GOT TO OPEN PUBLIC COMMENT IF ANYBODY WANTS TO MAKE A COMMENT.
DO WE HAVE ANYBODY SIGNED UP FOR THE PUBLIC COMMENT? ALL RIGHT.
AND, UM, IF YOU WOULD, UH, IF YOU WANT, YOU CAN MAKE A MOTION NOW.
UH, WE'LL, WE'LL HOLD THE MOTION AND I HAVE A SECOND.
IF YOU'D LIKE TO VOTE, WE'LL SAY, UH, ALL IN FAVOR SAY AYE.
VERY QUICKLY, JUST RESTATE THE, UM, THE REASONS FOR DENIAL.
UM, FOR THE FOLLOWING REASON THE PLANNING COMMISSION RECOMMEND DENIAL, UH, BECAUSE THERE IS, UH, A LOCAL MISMATCH WITH ALLOWING SOLAR FIELDS IN, YOU KNOW, PARTICULARLY IN VILLAGE DEVELOPMENT, MIXED USE DISTRICTS, AND THEN ALSO TO RETAIN AS MUCH FARMLAND IN, UH, IN CONCURRENCE WITH THE COMPREHENSIVE PLAN.
SO THE NEXT, UH, THE NEXT ORDINANCE AMENDMENT IS ONE THAT WE'VE BEEN BRIEFING ON FOR A WHILE AS WELL.
AND THIS WOULD ALLOW BATTERY ENERGY STORAGE SYSTEMS BY RIGHT AS AN ACCESSORY USE ON SOLAR FIELDS.
SO, UM, I'VE GOT A COUPLE - I DIDN'T PU - I DIDN'T CLOSE THE PUBLIC COMMENT.
I MEAN, THE PUBLIC HEARING, SO WE'LL CLOSE THE PUBLIC HEARING ON THAT ONE.
THEN OPEN UP THE PUBLIC HEARING ON AMENDMENT TO CHANGE CHAPTER 106 ZONING TO COMPLY WITH NEW STATE LAWS REQUIRING LOCALITIES, ACCOMMODATE BATTERY ENERGY STORAGE SYSTEMS AND ACCESSORY USE TO APPROVE SOLAR FACILITIES.
SO, UM, A COUPLE OF SLIDES HERE.
NUMBER ONE IS BACKGROUND ON INFORMATION ON THE PROPOSED AMENDMENT BEING HEARD TONIGHT.
AND THEN THERE'S ALSO A DEVELOPMENT, UH, AT THE BOARD OF SUPERVISORS LEVEL THAT WE'D LIKE TO BRIEF YOU ON THAT WOULD AFFECT ESSENTIALLY HOW WE TREAT, UH, GUESSES.
SO NUMBER ONE, THE PROPOSED AMENDMENT, WE, WE HAVE TO AMEND OUR ORDINANCE TO ALLOW BATTERY ENERGY STORAGE SYSTEMS BY RIGHT AS AN ACCESSORY USE ON EXISTING SOLAR FIELDS THAT HAVE AN APPROVED CONDITIONAL USE PERMIT.
SO RIGHT NOW WE JUST HAVE THE SOLAR, WE JUST HAVE THE, UH, AMAZON SOLAR FIELDS THAT HAVE CONDITIONAL USE PERMITS.
BUT, UH, SECONDLY, THE ORDINANCE THAT WE'RE CONSIDERING TONIGHT DOES NOT AFFECT THE CURRENT BATTERY ENERGY STORAGE SYSTEM ORDINANCE.
SO THAT WAS APPROVED BY THE BOARD BACK IN MARCH, AND THAT CODE SECTION IS 106243, JUST FOR THE RECORD.
UH, THIS FINAL, OR THIS LAST BULLET POINT HERE, UH, THE BOARD OF SUPERVISORS DIRECTED THE STAFF TO, UH, TO PROVIDE LANGUAGE THAT, UM, THAT ESSENTIALLY ROLLS BACK CERTAIN PROVISIONS OF THAT.
AND I'LL EXPLAIN THAT HERE IN A SECOND.
SO ON THEIR, UH, ON THEIR DRAFT AGENDA, THEY DO HAVE AN INITIATING RESOLUTION TO START AN ORDINANCE AMENDMENT THAT ESSENTIALLY OFFSETS SOME OF THIS, IF YOU WILL.
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THAT FIRST BULLET POINT IS WHAT WE JUST READ.UM, THE ALTERNATIVE ORDINANCE AMENDMENT, AGAIN, THIS IS INFORMATION ON, ON A, UH, ON AN AMENDMENT THAT IS, THAT IS YET TO BE RECEIVED.
SO AGAIN, I'M JUST BRIEFING YOU ON WHAT THE BOARD OF SUPERVISORS IS GOING TO DO NEXT WEEK, WHICH IS GOING TO AFFECT THE PLANNING COMMISSION'S WORKLOAD IN THE NEXT COUPLE OF MONTHS.
UM, SO WHAT THE BOARD OF SUPERVISORS WANTS IS, UH, IS AN ORDINANCE AMENDMENT THAT STILL ALLOWS BATTERY ENERGY STORAGE SYSTEMS BY RIGHT AS ACCESSORY USE ON SOLAR ENERGY FACILITIES THAT HAVE A CONDITIONAL USE PERMIT, BUT WHAT THEY WANT TO DO IS TO, UH, ESSENTIALLY NEGATE THE POSSIBILITY OF STANDALONE BATTERY ENERGY STORAGE SYSTEMS. SO WHAT YOU SEE IN TASLEY AND IN WATTSVILLE, SHOULD THIS ORDINANCE AMENDMENT THAT HAS YET TO BE REFERRED TO YOU ALL, IF THAT PASSES, THEN THE ONLY PLACE YOU COULD HAVE A BATTERY ENERGY STORAGE SYSTEM IS ON A SOLAR FIELD.
HOPEFULLY THIS WILL KIND OF UNRAVEL A LITTLE BIT OF WHAT'S HAPPENED WITH THE BATTERY ENERGY STORAGE, UH, ORDINANCE.
SO AGAIN, BACK IN, UM, IN MARCH OF THIS YEAR, THE BOARD OF SUPERVISORS, UM, UH, AMENDED THE ORDINANCE TO ALLOW THESE FACILITIES BY CONDITIONAL USE PERMIT IN THE INDUSTRIAL DISTRICT ONLY, AND THOSE WOULD BE LIKE WHAT YOU SEE EITHER IN, UH, YOU KNOW, LIKE IN WATTSVILLE, AN INDIVIDUAL BATTERY ENERGY STORAGE FACILITY ON A PIECE OF PROPERTY WITHOUT SOLAR.
IN APRIL, THE GOVERNOR SIGNED SENATE BILL 443, WHICH REQUIRES LOCALITIES TO ESSENTIALLY ALLOW, UH, BES'S BUY-RIGHT AS AN ACCESSORY USE ON SITES CONTAINING SOLAR FACILITIES.
SO THE, UH, SO THE FACILITY IN WITHAMS, FOR EXAMPLE, THAT WOULD BE, UH, ELIGIBLE FOR A BA - FOR A BES BY RIGHT, WHICH MEANS NO PUBLIC HEARINGS, THEY COME TO THE STAFF, THEY CHECK ALL THE BOXES IN TERMS OF THE REVIEW.
IF THEY MEET ALL THE REQUIREMENTS, THEN THEY ARE ALLOWED TO HAVE THAT WITHOUT PUBLIC HEARINGS.
LAST MONTH, THE BOARD OF SUPERVISORS DIRECTED THE STAFF TO DO TWO THINGS, START THE RESOLUTION, OR I'M SORRY, START THE, UM, THE ORDINANCE AMENDMENT PROCESS, AND NUMBER TWO, DRAFT AN ORDINANCE THAT WOULD, UM, THAT WOULD ALLOW THESE FACILITIES AS A BY-RIGHT ACCESSORY USE ONLY ON SITES CONTAINING SOLAR FACILITIES HAVING A CON - HAVING A CONDITIONAL USE PERMIT AND NOWHERE ELSE.
SO AGAIN, OUR CURRENT ORDINANCE ALLOWS THEM ON INDUSTRIALLY ZONED LAND WITH A CONDITIONAL USE PERMIT, AND THEY DO NOT NEED A SOLAR, UH, FACILITY TO, UM, TO ESSENTIALLY BE THE PRIMARY USE.
WHAT THIS WILL DO IS WE'LL ONLY ALLOW BATTERY ENERGY STORAGE FACILITIES AS AN ACCESSORY USE BY RIGHT ON SITES WITH SOLAR.
SO TONIGHT, UM, UH, ON, UH, UH, OCTOBER 14TH, YOU ALL ARE HEARING THIS, UM, THIS ORDINANCE AMENDMENT PURSUANT TO THE SENATE BILL AND THE, UM, AND THE, UH, UH, STATE CODE SECTION.
NEXT WEEK, WE EXPECT THE BOARD OF SUPERVISORS TO PASS THAT RESOLUTION SAYING, "OKAY, PLANNING COMMISSION, WE WANT YOU TO GET TO WORK ON, ON AN ORDINANCE AMENDMENT, UH, THAT SAYS THIS." AND THEN, UM, ONE THING THAT, UH, SHAUNTISE, THE, UH, COUNTY PLANNER SHAUNTISE REALLY WILL BRIEF ON IS WHAT YOUR WORKLOAD LOOKS LIKE OVER THE NEXT FEW MONTHS.
SO IN NOVEMBER, THE PLANNING COMMISSION INDEED HAS A VERY BUSY MEETING.
WE'VE GOT THE DUNCAN MANOR COMING FORWARD AND THE BOARD OF SUPERVISORS IS ADDING A COUPLE OF OTHER ORDINANCE AMENDMENTS.
UH, RETAIL CANNABIS IS SOMETHING THAT WE'RE GONNA NEED TO BRIEF YOU ON NEXT MONTH AS WELL.
SO IT'S DECI - YOU KNOW, DECISION TIME.
UH, DO YOU WANNA RECEIVE THE BRIEF ON WHAT THE BOARD OF SUPERVISORS WANTS TO DO EITHER IN NOVEMBER OR DECEMBER OR MAYBE, YOU KNOW, BEYOND THAT? BUT, UH, THAT'S NOT SOMETHING THAT YOU ABSOLUTELY HAVE TO DECIDE TONIGHT.
THE PURPOSE OF THIS BRIEFING IS FOR THE PUBLIC HEARING AND, UH, AGAIN, COUNTY PLANNER SHAUNTISE REALLY WILL TALK ABOUT YOUR WORKLOAD LATER ON IN THE MEETING.
THESE SLIDES WERE COPIED AND PASTED, BUT, UH, YOUR, YOUR, UH, RECOMMENDATIONS
[00:30:01]
OR, OR YOUR RECOMMENDED MOTIONS WOULD BASICALLY READ THE SAME, THAT YOU, UH, UH, UH, THE PLANNING COMMISSION RECOMMENDS APPROVAL TO THE BOARD OF SUPERVISORS OF THE ORDINANCE AMENDMENT AS PRESENTED.UH, PLEASE FOR, UH, PLEASE, UH, IGNORE THIS PART AND THIS PART AS WELL.
UH, AND OF COURSE THERE'S THE, UM, THE OTHER END OF THAT, WHICH IS DENIAL.
SO THAT CONCLUDES MY PRESENTATION AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
YOU SAID GROUND MOUNTED FACILITY SOLAR FACILITY, BUT I THOUGH WE WERE TALKING ABOUT BATTERY STORAGE FACILITY.
THIS IS, THIS IS SOMETHING THAT WAS COPIED AND PASTED FROM A PREVIOUS SLIDE.
AND, UH, THIS SHOULD SAY TO ALLOW, UM, BATTERY ENERGY STORAGE FACILITIES AS A, AS AN ACCESSORY USE BY RIGHT ON, UH, EXISTING SOLAR FIELDS WITH AN APPROVED CONDITIONAL USE PERMIT.
UH, AND I CAN WRITE THAT DOWN FOR YOU IF YOU WANNA - BECAUSE I, I THINK THAT'S THE ONLY LOGICAL LOCATION FOR BATTERY STORAGE IS ON AN EXISTING SOLAR.
SO I, I REALLY HAVE NO, NO, NO QUALMS WITH THE BATTERY STORAGE FACILITIES BEING LOCATED IN A SOLAR FIELD, BECAUSE THAT'S WHAT IT SHOULD BE.
ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE.
SO, UM, UNDER 106-243 IN YOUR RED, YOU SAY, UM, ENERGY STORAGE SYSTEMS. IT'S ON PAGE TWO.
I DON'T KNOW IF YOU GOT, UM, THE PACKET FOR THAT.
IT SAYS, PERMITTED BATTERY ENERGY STORAGE SYSTEM MEANS A BATTERY ENERGY STORAGE SYSTEM THAT IS PERMITTED ACCESSORY USE IN ALL ZONING DISTRICTS UNDER VIRGINIA CODE.
BUT EAR - IT WAS, I THOUGH THAT WAS RELATED TO THE, UM, IS THAT NOT RELATED TO THE, UH, SOLAR? AND THEN SOLAR, WE WEREN'T GONNA, THEY DIDN'T SAY IT WAS IN RESIDENTIAL? IT'S THE, UM, APPENDIX X.
SO CHAPTER 106 ZONING, UM, ARTICLE 10, GENERAL PROVISION SECTION 103243.
HERE AT THE BOTTOM OF PAGE TWO THAT SAYS, UM, AND IF WE COULD BRING UP THE, UM, THE PACKET AND THEN, UM...
I'LL TELL YOU WHAT, GO TO WHERE IT SAYS, UM, 7C.
THERE AT THE BOTTOM, IF YOU CAN ZOOM IN ON THE, UH, ON THE RED THERE.
SO, UH, PERMITTED BATTERY ENERGY STORAGE SYSTEM.
IS THE VIRGINIA CODE PERMITTED IN ALL DISTRICTS? BUT IT WOULD STILL BE, IT WOULD STILL BE ON A, UH, SOLAR FIELD.
YOU CAN'T HAVE IT ANYWHERE ELSE, BUT ON A, UM, BUT WHERE A SOLAR FIELD WOULD BE ALLOWED.
SO WHAT YOU CAN DO AT THIS TIME IS RECOMMEND AN AMENDMENT THAT SAYS PERMITTED BATTERY ENERGY STORAGE SYSTEM MEANS A BATTERY ENERGY STORAGE SYSTEM THAT IS PERMITTED, UH, THAT IS A PERMITTED ACCESSORY USE IN ZONING DISTRICTS WHERE ALLOWED BY THE ACCOMACK COUNTY CODE.
SO WE'RE GONNA RECOMMEND THIS AND THEN THEY'RE GONNA CHANGE IT AND WE'RE GONNA DO SOMETHING ELSE AGAIN.
WE HAVE TO RECOMMEND SOMETHING NOW.
SO WHAT YOU, WHAT, UM, WHAT THE RECOMMENDATION FOR TONIGHT WOULD BE IS TO ALLOW BATTERY ENERGY STORAGE SYSTEMS AS A BY-RIGHT USE, A- AS A BY-RIGHT ACCESSORY USE TO ANY LOCATION THAT ALREADY HAS A SOLAR FIELD.
SO IF IT DOES NOT HAVE A SOLAR FIELD, UM, THEN IT WOULD HAVE TO GO THROUGH THE CONDITIONAL USE PERMIT PROCESS.
AND IF IT'S NOT ZONED INDUSTRIAL, THEY'D ALSO HAVE TO GET A REZONING.
[00:35:01]
BOARD OF SUPERVISORS WANTS TO CHANGE AND WILL BE VOTING ON A, UH, VOTING ON, UH, A RESOLUTION FOR YOU ALL TO GET START TO WORKING, YOU KNOW, UH, START WORKING ON JUST ALLOWING BUSES, YOU KNOW, WHEREVER THERE IS A, UH, WHEREVER THERE IS A SOLAR FIELD THAT HAS AN APPROVED CONDITIONAL USE PERMIT, THAT'S THE ONLY PLACE THAT YOU COULD HAVE ONE.SO YOU WOULD NOT HAVE A STANDALONE WATTSVILLE TYPE SITUATION.
SO IF WE RECOMMENDED THIS, WE WOULD NEED TO CHANGE THOSE WORDS THAT SAY ALL ZONING DISTRICTS TO INDUSTRIAL - WHICH IS WHY I HAD...
BUSINESS USE ONE AND TWO AND AGRICULTURAL.
WHICH, WHICH IS WHY I HAD MENTIONED, UM, ACCESSORY USE IN ANY ZONING DISTRICT WHERE A SOLAR, YOU KNOW, UTILITY SCALE SOLAR FIELD IS ALLOWED BY THE ACCOMACK COUNTY CODE.
SO WHATEVER YOU SAY HERE DOESN'T LOCK YOU INTO, YOU KNOW, UH, DOESN'T LOCK YOU INTO NUMBER ONE, THIS WHERE IT SAYS ALL ZONING DISTRICTS, BUT IT'S REALLY GONNA DEPEND ON WHAT HAPPENS WITH THE OTHER ORDINANCE AMENDMENT THAT YOU JUST RECOMMENDED DENIAL FOR.
IF THEY TURN OUR DENIAL AROUND, THEN IT WILL BE ALLOWED IN ALL DISTRICTS, BUT RESIDENTIAL.
AND I DON'T THINK IT SHOULD BE ALLOWED IN VILLAGE DEVELOPMENT.
SO WHAT WAS THE WATTSVILLE PROPERTY SIZE? HOW BIG WAS THAT PROPERTY? THAT'S AROUND SIX ACRES, WASN'T IT? NO, IT WAS, IT EXCEEDED 10.
I WANNA SAY IT WAS CLOSER TO, UM, GOSH, I HATE TO SAY 10.
IT DEFINITELY EXCEEDED 10 ACRES BECAUSE THAT WAS THE POINT AT WHICH A CONDITIONAL USE PERMIT WAS REQUIRED.
AND, AND WE PLACED ON THEM A LOT OF RESTRICTIONS ABOUT DISTANCES FROM OTHER PROPERTIES AND, AND BUSHES AND SHRUBBERY AND WALLS AND SOUND ABATEMENT.
IT, IT, YOU KNOW, IF, IF WE'RE GONNA DO IT BY RIGHT, YOU KNOW, I STILL THINK WE OUGHTA HAVE THE ABILITY TO SAY ON THIS PROPERTY WHERE THIS SOLAR FIELD IS, IF IT'S NEXT TO THE NEIGHBORHOOD, HOW FAR AWAY FROM THE NEIGHBORHOOD DOES IT NEED TO BE? CAN WE SAY IT NEEDS TO HAVE SHRUBBERY? DOES IT HAVE TO HAVE A WALL? WE NEED TO HAVE NOISE ABATEMENT.
I MEAN, THAT'S, THAT'S WHAT CONCERNS ME THAT IF, IF WE'RE GONNA PUT IT, YOU KNOW, IN A FIELD NEXT TO A HOUSE, I MEAN, HOW FAR, YOU KNOW, WILL WE HAVE THE ABILITY TO SAY TO THE DEVELOPER, YOU KNOW, YOU NEED TO BE 300 F - I FORGET HOW FAR BACK IT WAS IN WATTSVILLE, BUT WE, WE, WE HAD SOME SERIOUS REQUIREMENTS.
YEAH, THOSE WOULD BE COMPONENTS OF THE CONDITIONAL USE PERMIT.
BUT THIS WOULD BE BY RIGHT, SO - THIS WOULD BE AN ACCESSORY USE BY RIGHT.
WHICH MEANS THEY COULD PUT IT, WHAT'S THE, WHAT'S THE, WHAT'S THE, HOW FAR AWAY COULD THEY PUT IT FROM A LOT LINE IF IT'S BY RIGHT? THEY COULD PUT IT, WHAT, 10 FEET, 15 FEET? NO, 200, BECAUSE THAT'S A SAFETY FEATURE.
THAT'S WHAT I, THAT'S, I WAS JUST CONCERNED THAT, THAT WE WOULDN'T HAVE A SAY IN, IN, IN, IN ASSISTING THE PUBLIC OR THE CITIZENRY FROM HAVING THE NECESSARY NOISE ABATEMENT, SAFETY ABATEMENT, BEAUTIFICATION, SHRUBBERY BUSHES.
I MEAN, I JUST DON'T WANT THEM TO DO, BE ABLE TO DO WHATEVER THEY WANT, RIGHT, IN TERMS OF THOSE KINDS OF THINGS.
YOU CAN ALWAYS TABLE THIS UNTIL NEXT MONTH OR UNTIL AFTER THE SUPERVISORS MAKE THE DECISION.
ANY OTHER QUESTIONS FOR STAFF? NO.
WE'LL OPEN UP, UH, PUBLIC COMMENT PERIOD.
HAS ANYBODY SIGNED UP? ALL RIGHT.
WE'LL CLOSE PUBLIC COMMENT PERIOD.
AND, UH, I GUESS IF ANYBODY WOULD LIKE TO MAKE A MOTION? AT THE RISK OF WHAT WE'RE SIMPLIFYING THIS, THIS MOTION THAT I WANT TO RECOMMEND IS THAT WE APPROVE, UH, THE BY-RIGHT USEFUL BATTERIES ENERGY STORAGE FACILITIES AND EXISTING UTILITY SCALE GROUND MOUNTED SOLAR FACILITIES.
IS, IS THAT OVERSIMPLIFYING IT? I THINK THAT WOULD, UH, SO THE PURPOSE OF THE, NUMBER ONE, THE SENATE BILL AND THE SUBSEQUENT LOCAL ORDINANCE THAT WE'VE DRAFTED IS TO ALLOW THOSE FACILITIES ON ANY SOLAR FIELD THAT MIGHT BE APPROVED IN THE FUTURE.
RIGHT NOW, THE ONLY SOLAR FIELD THAT WE'VE GOT IS THE AMAZON SOLAR FIELD.
SO IF WE WERE GOING TO SAY EXISTING, THEN IT WOULD JUST BE ON THAT ONE.
BUT AGAIN, THE PURPOSE OF THE SENATE BILL WAS TO ALLOW THEM WHEREVER THERE IS A, UH, SOLAR FIELD AT SOME POINT IN THE FUTURE THAT'S GOT A CONDITIONAL USE PERMIT.
AND I'M OKAY WITH THAT AS WELL.
[00:40:01]
MORE QUESTION.UM, IF WE APPROVED LAND ON 316 FOR SOLAR, BUT THEY HAVEN'T PUT SOLAR UP, WILL A BATTERY PLANT BE ABLE TO, UM, GO IN THERE WITHOUT THE SOLAR THERE? AT THAT POINT, I'D SAY THAT THE SOLAR FIELD WAS NOT EXISTING, SO THE ANSWER WOULD BE NO.
THEY JUST CAN'T GO GET REZONED OR GO GET, UH, GO GET PERMISSION FOR A, UH, UH, FOR A SOLAR FIELD AND THEN SWITCH THAT UP AND SAY, OKAY, WE WANNA DO, UH, BATTERY ENERGY.
IT'S GOTTA BE, THERE HAS TO BE A SOLAR FIELD THERE.
AND THE ACCESSORY USE, IF I'M CORRECT.
BECAUSE IF IT'S, IF IT'S A PRIMARY USE, THEN THAT'S NOT AN ACCESSORY USE.
I KNOW THAT'S ZONING TALK, BUT, UH, YOU'VE GOTTA HAVE, IN ORDER TO BE AN ACCESSORY USE, THERE'S GOTTA BE A PRIMARY USE, WHICH IN THIS CASE WOULD BE THE SOLAR FIELD.
THE, YEAH, I'D LIKE TO MAKE A MOTION TO A- APPROVE THE RECOMMENDED, UH, AMENDMENT AS STATED.
SO YOU CAN RESTATE THAT FOR ME.
SO, UM, UH, YOU MOVE THAT THE PLANNING COMMISSION RECOMMENDS APPROVAL TO THE BOARD OF SUPERVISORS OF THE, UH, OF THE, UH, UH, ORDINANCE AMENDMENT ALLOWING BATTERY ENERGY STORAGE SYSTEMS AS A BY-RIGHT ACCESSORY USE ON SOLAR FIELDS WITHIN A, UH, ON EXIST - ON, ON SOLAR FIELDS WITH AN APPROVED CONDITIONAL USE PERMIT.
WE CAN MOVE ON TO OTHER MATTERS.
RECEIVE A BRIEFING ON CONDITIONAL USE 000149 - 2006, 26 MUNICIPAL WELL FIELD AND REQUEST FOR PUBLIC HEARING.
UM, THANK YOU, MADAM CHAIR, MEMBERS OF THE COMMISSION.
UH, THIS IS A BRIEFING ONLY, NOT A PUBLIC HEARING, BUT A BRIEFING ONLY ON THE CONDITIONAL USE PERMIT THAT THE TOWN OF SHINKOTEAU HAS APPLIED FOR.
I'D LIKE TO START OUT BY SAYING THAT, UM, SEVERAL REPRESENTATIVES FROM THE TOWN OF SHINKOTEAGUE, INCLUDING TOWN MANAGER MIKE TOLBERT, THE MAYOR, UH, STAFF FROM NASA, AS WELL AS, UH, THE ENGINEERING, OR THE, THE CONSULTANT ENGINEER ARE ALSO HERE TO FIELD ANY QUESTIONS THAT YOU MAY HAVE REGARDING THIS, BECAUSE THERE WERE SEVERAL QUESTIONS LAST MONTH.
SO WITH THAT BEING SAID, IT'S ON, UH, IT'S ON SEVEN TAX PARCELS TOTALING ABOUT 32 ACRES.
THIS IS IN DISTRICT TWO, SO IT'S IN YOUR DISTRICT, UH, MADAM CHAIR, AS WELL AS SUPERVISOR DEGEORGE'S.
THE FUTURE LAND USE RECOMMENDATION IS AG.
UH, AGAIN, THE REQUEST IS FOR A CONDITIONAL USE PERMIT FOR A PUBLIC WATER FACILITY.
THIS IS IN THE AG AND FORESTAL DISTRICT.
UM, ALL ADJACENT, UH, ALL PROPERTIES ADJACENT TO THIS ARE ZONED AG, ADJACENT USES INCLUDE A FEDERAL FLIGHT FACILITY, A NATIONAL WILDLIFE REFUGE, SOME SINGLE FAMILY DWELLINGS, AND SOME BACON WOODED.
SO, UH, WITH THAT BEING SAID, JUST SOME VERY QUICK BACKGROUND ON THIS.
UH, UM, THE PURPOSE OR THE REASON FOR THE APPLICATION IS THAT A NEW WATER SOURCE IS NEEDED TO ADDRESS PFAS CONTAMINATION AT THE CURRENT WELL FIELD, AND THIS IS AT PUMP HOUSE TURN ON THE OTHER END OF, UH, SHINKATIGUE ROAD FROM WHERE THIS SITE IS.
SO RIGHT BEFORE YOU GET TO THE CAUSEWAY.
THE BOARD OF SUPERVISORS APPROVED A CONDITIONAL USE PERMIT BACK IN MAY OF 2018, BUT THAT HAS SINCE EXPIRED.
AT THAT TIME, THERE WERE THREE CONDITIONS ATTACHED, AND, UH, THE STAFF AND THE PLANNING COMMISSION, BACK IN 2018, PREVIOUSLY RECOMMENDED APPROVAL TO THE BOARD OF SUPERVISORS.
UM, I'M JUST GONNA GO AHEAD AND CUT TO THE CHASE AND SAY THAT THE STAFF IS REQUESTING AUTHORIZATION TO ADVERTISE A PUBLIC HEARING FOR THURSDAY, NOVEMBER 12TH.
UM, NOW, THERE ARE SOME, UH, AND I SUSPECT THAT, UH, IF ALLOWED, THE TOWN OF SHINKATIGUE WILL HAVE, OR, YOU KNOW, UH, WILL, WILL ALSO MENTION SOME OF THIS, BUT, UH, PRODUCTION WELLS, THERE WILL BE THREE.
EACH OF THEM WILL BE EIGHT INCHES IN DIAMETER AND ABOUT 255 FEET DEEP.
IN TERMS OF WELLHEAD PROTECTION, UM, UH, UH, LOCKING WELLHEAD APPROXIMATELY FOUR FEET SQUARE, FLUSH WITH GROUND SURFACE, AND, UM, EITHER A SECURITY FENCE OR A SMALL BUILDING.
SO THOSE ARE THE TWO OPTIONS FOR SECURING THE SITE OR FOR SECURING THE WELLS, EXCUSE ME.
UH, IF THE BUILDINGS ARE SELECTED, THERE WILL BE THREE BUILDINGS, EACH 10 BY 12, UH, ON CONCRETE SLAB WITH A MAX HEIGHT OF 12 FEET, SINCE THAT WAS A QUESTION LAST TIME IN TERMS OF WILL THERE BE ANY, UM, FAA PART 77 SURFACES OR, YOU KNOW, UH, UH,
[00:45:01]
APPROACH PATHS INTO, UH, WALT'S FLIGHT FACILITY, IF ANY OF THAT WOULD BE PENETRATED AT 12 FEET, THE ANSWER IS NO.UH, SITE ACCESS, EXISTING ACCESS ROAD FROM ROUTE 175 WITH GRAVEL ROADS EXTENDING TO THE WELLS.
UM, THIS IS WALT'S FLIGHT FACILITY.
AND THE FURTHER YOU GO DOWN, THEN YOU'VE GOT THE VISITOR CENTER TO THE RIGHT AND THEN, UM, PUMP HOUSE TURN WHERE YOU'VE GOT THE, UH, THE, UH, EXISTING PUMPS AND THEN, UH, AND THEN YOU HIT THE CAUSEWAY.
SO AGAIN, EVERYTHING AROUND IMMEDIATELY ADJACENT IS ZONED AGRICULTURE.
OF COURSE, UM, SINGLE FAMILY DWELLINGS ARE ALLOWED IN AG.
AND THIS IS THE FUTURE LAND USE MAP, WHICH INDICATES, UH, UH, A RESIDENTIAL...
I'M SORRY, THIS IS VILLAGE DEVELOPMENT AREA, SO THIS COULD POTENTIALLY BE A HIGHER DENSITY MIXED USE.
UM, THAT'S WHAT THE COMP PLAN IS CURRENTLY ADVISING.
AND THIS IS THE AG AND FORESTAL DISTRICT MAP.
THERE ARE NO ENVIRONMENTAL CONSTRAINTS, SO WETLANDS AND AS WELL OUTSIDE OF ANY FLOODPLAIN OR FLOOD HAZARD AREA.
AND WE DO HAVE, UM, UH, MR. TOLBERT'S, UH, UH, NARRATIVE THAT WAS IN YOUR STAFF, THAT WAS IN YOUR, UH, PACKET FOR ANY REFERENCE THAT YOU MIGHT NEED THAT.
AND MADAM CHAIR, YOU, YOU FORWARDED THE DEED AND THIS SKETCH TODAY.
SO THE ONLY THING THAT I WOULD MENTION ON THIS MAP RIGHT HERE OR ON THIS, UH, SKETCH IS, UH, THE SIX LOTS THAT THE TOWN OF SHINKATIGUE ALSO OWN ARE NOT SHOWN HERE, AND THIS IS DATED 2004.
UH, THIS RIGHT HERE IS, UH, IS THE 30-FOOT EASEMENT THAT THE, UH, OR 30-FOOT RIGHT OF WAY THAT THE, UM, UH, UH, THAT THE DEED REFERENCES.
AND THEN ALONG THE TOP HERE IS A 50-FOOT, UH, EASEMENT ALONG THE NORTH, UH, ALONG THE NORTH EDGE OF THE PROPERTY LINE THERE AND THE, THE NORTH EDGE OF THE PROPERTY.
SO, UH, I'M GONNA PAUSE HERE, SEE IF THERE ARE ANY QUESTIONS THAT I CAN ANSWER.
IF I CAN'T ANSWER, I WOULD, AGAIN, WOULD LIKE TO INDICATE THAT, UH, YOU'VE GOT SEVERAL MEMBERS OF THE, UH, TOWN OF SHINKOTAG TEAM THAT ARE PROBABLY MORE, UH, CAPABLE OF ANSWERING YOUR SPECIFIC QUESTIONS ABOUT, UH, NUMBER ONE, ABOUT THE ENGINEERING, ALSO ABOUT, UH, THE EXISTING CONDITIONS OUT THERE ON SITE.
ANY QUESTIONS? WAS THERE AN ISSUE ABOUT EASEMENTS LAST TIME? YES.
THEY PUT THE - WHAT, WHAT WAS THE ISSUE? THE TEST WELLS ARE IN THE MIDDLE OF THE 50-FOOT EASEMENT.
THEY ARE 27 FOOT OFF OF THE TELEPHONE POLE.
SO YOU GOT A 10-FOOT EASEMENT TO THE TELEPHONE POLE, AND FROM THE TELEPHONE POLE TO THE OTHER SIDE'S 50 FOOT.
AND 27 FOOT IN IS THE TEST WELL.
SO THEY DIDN'T KNOW ABOUT EASEMENTS.
SO ANY NEW WELLS WOULD OBVIOUSLY HAVE TO...
A- AS I HAD MENTIONED, UH, ONE CANNOT ENCUMBER AN EASEMENT, SO, UH, UH, UH, CAPPING THAT WELL AND ABANDONING IT, OR THE TEST WELL IS, UH, IS RECOMMENDED.
I WOULD SUGGEST A CONDITION IF THAT'S, UH, IF THAT'S SOMETHING THAT THE PLANNING COMMISSION WANTS TO DO, BUT ANY FUTURE DEVELOPMENT ON THIS PROPERTY WOULD CLEARLY HAVE TO, UM, STAY OUTSIDE OF THE EASEMENT.
SO ANY BUILDINGS, UM, ANY, UH, UH, ANY WELLS, THAT'S ESSENTIALLY WHAT'S PROPOSED.
I WOULD ALSO SAY THAT ANY SECURITY GATES OR FENCES, UM, CANNOT ENCUMBER THAT EASEMENT.
BUT THAT'S JUST NORMAL COURSE OF BUSINESS.
ANY OTHER QUESTIONS? HAS CONSIDERATION BEEN GIVEN, AND I THINK THIS CAME UP IN OUR LAST MEETING GIVEN TO THE EFFECT OF THE, UH, NEIGHBORING COMMUNITIES ON THAT HIGH INTENSE OF WITHDRAWAL.
UH, AND YOU JUST MENTIONED THAT ADJACENCY THAT GO BACK ONCE, THAT THE VILLAGE DEVELOPMENT PROPOSED, UH, POSSIBLE FUTURE USE WOULD REQUIRE SIGNIFICANT AMOUNT OF WATER AS WELL.
SO JUST WONDERING IF, UH, CONSIDERATION HAD BEEN GIVEN TO, UH, THE EFFECT OF SUCH A HIGH VOLUME DIS - UH, WITHDRAWAL FOR, UH...
I THINK THAT WOULD BE A GREAT QUESTION FOR THE TOWN OF SHINKATEAU TEAM.
UM, WHAT I WILL SAY IS THAT THE VILLAGE DEVELOPMENT AREA THAT YOU SEE HERE IN ORANGE IS A RECOMMENDATION.
UM, IS THAT LIKELY FOR, UH, FOR THE NUMBER OF EXISTING HOMES AND FOR, UH,
[00:50:01]
THE EXISTING HOMES AND THE NUMBER OF LOTS IN ORDER FOR A DEVELOPER TO COME IN AND, UH, AND, UH, UH, PROPOSE SOMETHING HIGHER DENSITY, SAY, FOR EXAMPLE, THE ATLANTIC TOWN CENTER, WHICH WAS HEARD SEVERAL YEARS AGO, AND WHICH IS LIKELY GOING TO, UM, TO RESURFACE, UH, YOU'D NEED A, A CONSOLIDATED PIECE OF PROPERTY IN ORDER TO, UH, YOU KNOW, IN, IN ORDER TO PROPERLY DESIGN A HIGHER DENSITY MIXED USE DEVELOPMENT.OKAY, BUT WE WANTED TO AVOID THIS BEING THE FIRST COME, FIRST SERVE SCENARIO.
SO THAT IF, JUST BECAUSE I HAVE TO BE THAT FIRST, I DON'T THINK IT SHOULD NEGATE, UH, THE NEIGHBOR.
DEQ STILL HAS TO APPROVE THIS, RIGHT? ABSOLUTELY.
DEQ HAS TO APPROVE THE AMOUNT OF WATER THEY'RE GONNA PULL.
YEAH, WATER WITHDRAWAL IS OVER 300,000 GALLONS PER MONTH.
ANY OTHER QUESTIONS? WHEN I SAY NOT MUCH, I MEAN, PURDUE AND TYSON ARE PULLING THREE MILLION, SO...
SO WE'RE GONNA PULL 500,000 OUT OF THIS.
IS THAT A CONCERN? I WOULD, YOU KNOW, I WOULD LIKE TO DEFER TO THE TOWN OF SHINKATIG AT THIS TIME JUST TO, SO THAT THEY COULD...
THEY, THEY HAVE, UH, SOME INFORMATION TO PRESENT IN TERMS OF WATER WITHDRAWAL AND, YOU KNOW, SOME OF THE OTHER QUESTIONS THAT THEY HAD LAST, OR SOME OF THE QUESTIONS THAT THE COMMISSION HAD LAST MONTH.
UM, AGAIN, WE'VE GOT A TREMENDOUS AMOUNT OF, UH, OF, UM, SUBJECT MATTER EXPERTISE.
WE'VE GOT THE TOWN MANAGER HERE TO SPEAK ON BEHALF OF THE APPLICANT.
WE'VE GOT NASA, UM, UH, WHERE THE CURRENT WELL FIELDS OR WHERE THE CURRENT, UM, WHERE THE CURRENT WELLS ARE, UH, LOCATED.
AND THEN WE ALSO HAVE THE, UM, CONSULTING ENGINEER HERE.
WOULD NASA HAVE ANY OBJECTION TO THIS? I, I MEANT THIS WOULD BE A PARTNERSHIP BETWEEN THE AND NASA BECAUSE IT WAS, YOU KNOW, NOT TO PUT, TO, TO PUT TOO FINE A POINT ON IT.
IT WAS, UH, IT WAS ACTIVITIES ON THE, ON THE, UH, UH, UH, ON THE FLIGHT FACILITY THAT, UM, THAT GAVE RISE TO THE NEED FOR AN ADDITIONAL, FOR AN ADDITIONAL WELL FIELD.
SO IF THERE WERE TO BE A FUTURE VILLAGE DEVELOPMENT THERE, I MEAN, THE AIRPORT'S RIGHT THERE TOO, RIGHT? YES.
I MEAN, THAT WAS ONE OF THE ISSUES WITH, WITH WATTSVILLE, WAS RIGHT AWAY FOR PLANES.
I MEAN, HOW, HOW WOULD YOU BUILD ANYTHING THERE TO GET WATER OUT OF IT ANYWAY? SO WE DON'T HAVE THE MAP HERE, BUT, UH, THE, UH, 2015 JOINT LAND USE STUDY, WHICH WAS DONE BETWEEN ACCOMACK COUNTY AND NASA, UH, INDICATES AN ACCIDENT PRONE ZONE.
UH, WE COLLOQUIALLY CALL THAT THE RACEWAY BECAUSE PLANES ORBIT IN AN OVAL FASHION, UM, OVER BOTH, UM, OVER, OVER BOTH RUNWAYS.
AND, UM, THIS, AGAIN, WE DON'T HAVE THE MAP FOR THAT, BUT IT WOULD CERTAINLY AFFECT, UM, UH, THIS SITE, UH, AND IT WOULD AFFECT PART OF THE, UH, ATLANTIC TOWN CENTER SITE AS WELL.
SO, UH, UH, THAT WAS, YOU KNOW, TO, TO YOUR POINT OF WHAT IS THE SUITABILITY OF THIS AREA TO BE DEVELOPED AS HIGHER DENSITY, YOU KNOW - SLIM TO NONE.
WELL, WE'VE GOT THE J LOOSE OR THE JOINT LAND USE STUDY TOO.
UH, I, FOR ONE, I'D LIKE TO HEAR IF, WHAT CONSIDERATION HAD BEEN GIVEN TO THE EFFECT OF THIS HIGH WITHDRAWAL RATE.
UH, PARTICULARLY THE COSTS THAT AFFECT WELLS THAT WE DRIVE NEAR PURDUE AND TYSONS NOW HAVE TO GO CONSIDERABLY DEEPER.
SO ANYBODY CLOSE TO, AND I'M ONE OF THEM CLOSE TO PURDUE, WE'RE GOING DOWN TO THAT 225-FOOT LEVEL JUST TO GET READY FOR RESIDENTIAL WATER.
SO I'D REALLY LIKE TO HEAR WHAT TOWN HAS, UH, WHAT THOUGH PROCESS THEY HAVE PUT IN, UH, AS THAT...
I'LL GO AHEAD AND YIELD TO, UH, MIKE TALBERT, TOWN MANAGER.
UH, THANK YOU FOR HAVING US HERE TONIGHT.
I'M MIKE TALBERT, TOWN MANAGER FOR THE TOWN OF SHINKOTIG.
AND, UH, I DO APOLOGIZE FOR NOT BEING IN ATTENDANCE AT YOUR LAST MEETING.
I UNDERSTAND THERE WERE SEVERAL QUESTIONS THAT PROBABLY WE COULD HAVE HAD SOME ANSWERS FOR YOU.
UM, I WOULD LIKE TO JUST GIVE YOU AN OVERVIEW OF THE SITUATION.
I THINK THAT'LL GIVE YOU SOME CONTEXT AS TO HOW WE'RE PROCEEDING.
[00:55:01]
WELLS LOCATED ON NASA PROPERTY AND VARIOUS LOCATIONS ON NASA PROPERTY.UM, IN 2017, IT WAS DISCOVERED THAT, UH, THREE OF THE SHALLOW WELLS THAT WE HAVE THERE CONTAIN PFAS, UH, WHICH WE THINK WAS A LEFTOVER FROM FIREFIGHTING FOAM USED BACK IN THE '70S.
UM, IN 2018, THE TOWN BEING PROACTIVE ON THIS, UH, ISSUE PURCHASED THE MATTHEWS PROPERTY, WHICH YOU SEE ON THE, UH, SCREEN THERE, FOR THE EXPRESS PURPOSE OF, UH, POSSIBLY RELOCATING SOME OF OUR CONTAMINATED WELLS THERE IN THE FUTURE.
UM, AT THE TIME, THE FORMER TOWN MANAGER RECEIVED A CONDITIONAL USE PERMIT FROM THE BOARD OF SUPERVISORS.
UM, AND AS, UH, MR. PAMBAD SAID, THAT IS NOW, UH, EXPIRED.
IN 2021, UH, WELL, I SHOULD BACK UP AND SAY THAT RIGHT AFTER PFAS WAS DISCOVERED IN OUR WELLS, THAT, UH, WILDLIP FLIGHT FACILITY HOOKED THE TOWN OF SHANKOTIG'S MANIFOLD UP TO THEIR WELLS AND PUMPED AND ALLOWED US TO PUMP CLEAN WATER OVER TO THE ISLAND SO TO ELIMINATE THE PFAS ISSUE.
UM, IN 2021, WALLOPS OPENED A GRANULATED, GRANULATED ACTIVATED CARBON FILTRATION PLANT, WHICH CURRENTLY TREATS ALL THE WATER FROM THESE SHALLOW WELLS GOING TO SHANKOTIG, AND IT IS VERY EFFECTIVE AT FILTERING THE PFAS.
UH, THEY TEST TWICE A MONTH AND WE HAVE NEVER SEEN ANY PFAS BREAKTHROUGH SINCE THEY'VE BEEN FILTERING WATER.
UH, AND, UH, THE FILTRATION PLANT, ALTHOUGH IS, WAS ALWAYS INTENDED TO BE A TEMPORARY SOLUTION UNTIL WE COULD COME UP WITH A PERMANENT SOLUTION FOR, UH, ABANDONING THESE POISON WELLS.
IN 2025, DECEMBER OF 2025, THAT'S LAST DECEMBER, THE PRESIDENT SIGNED THE NATIONAL DEFENSE AUTHORIZATION ACT, WHICH GAVE, UH, SPECIFIC INSTRUCTIONS THAT ALLOWED WILDLIFE FIGHT FACILITY OR NASA IN GENERAL TO SIGN AN AGREEMENT WITH THE TOWN OF SHENKOTIG AND TO PROVIDE, UH, PLANNING FUNDS, UH, FOR RELOCATING OUR WELLS.
UH, THEY GAVE US FIVE YEARS TO GET THAT ACCOMPLISHED.
AT THE SAME TIME, THE TOWN HAD APPLIED FOR A GRANT THAT'S THE EMERGENCY, EMERGING CONTAMINANTS FOR SMALL AND DISADVANTAGED COMMUNITIES GRANT THROUGH THE DEPARTMENT OF HEALTH IN, UH, VIRGINIA DEPARTMENT OF HEALTH.
IN 2026, IN APRIL OF 2026, THE TOWN WAS NOTIFIED THAT WE WERE AWARDED $11.2 MILLION, UH, TO MOVE THESE THREE WELLS, UH, AND THIS MONEY CAN BE USED FOR CONSTRUCTION AND PLANNING.
UH, SO RIGHT NOW, UH, BY THE WAY, THAT MONEY EXPIRES, THAT GRANT WHICH WE ACCEPTED, EXPIRES IN 2030.
RIGHT NOW, THE TOWN HAS A GOLDEN OPPORTUNITY TO GET THE WELLS MOVED AND TO MOVE OVER, UH, THE CHOSEN SITE THAT WE HAVE, THE AVAILABLE SITE THAT WE HAVE IS THE MATTHEWS PROPERTY, YOU SEE THERE ON THE SCREEN.
UM, THE COUNTING, THE COUNTY ZONING, OF COURSE, REQUIRES THAT A UTILITY LOCATED ON AGRICULTURAL PROPERTY, UH, APPLY FOR AND RECEIVE A CONDITIONAL USE PERMIT BEFORE THAT CAN HAPPEN, WHICH IS WHY WE ARE, OF COURSE, HERE.
AND, UM, SO WE'RE REQUESTING THAT YOU, THE PLANNING COMMISSION WOULD VOTE TO SCHEDULE A HEARING, A PUBLIC HEARING, UH, AT YOUR NOVEMBER MEETING SO THAT WE COULD, UM, PROCEED IN THAT DIRECTION AND, AND, UH, POSSIBLY RECEIVE A CONDITIONAL USE PERMIT.
UM, I UNDERSTAND, AND I DID LISTEN TO THE, UH, AUDIO FROM THE MEETING IN SEPTEMBER, AND I UNDERSTAND THERE WAS A LOT OF QUESTIONS, SO WE WENT TO WORK AND, UH, ASSEMBLED A TEAM THAT CAN ANSWER JUST ABOUT ANY QUESTION YOU HAVE.
ANYBODY WHO KNOWS ANYTHING ABOUT THIS PROJECT, UH, IS IN THIS ROOM, AND, UH, FEEL QUITE CONFIDENT THEY CAN ANSWER ANY QUESTIONS YOU MAY HAVE.
SO WITH THAT, I'D LIKE TO, UH, HAND THIS OVER TO CHRISTY FRANCISCO, WHO'S RE - ENVIRONMENTAL REMEDIATION MANAGER FOR NASA.
UH, WE DO HAVE A PRESENTATION TO PUT UP, AND WE THINK THAT IF WE GO THROUGH THIS PRESENTATION, IT MIGHT ANSWER A LOT OF YOUR QUESTIONS, UH, RIGHT OFF THE BAT.
SO AS MIKE SAID, I AM THE REMEDIAL PROJECT MANAGER FOR WALLUPS.
I AM RESPONSIBLE FOR INVESTIGATING AND DOING CLEANUP WORK FROM SPILLS THAT HAVE C - OCCURRED ON THE FACILITY.
UM, ALSO IN CHARGE OF MAKING SURE OUR TREATMENT SYSTEM FOR THE TOWN IS OPERATING.
UM, WITH ME, I BROUGHT SEVERAL FOLKS.
HE IS A CIVIL SERVANT WITH NASA.
HE SERVES AS OUR SUBJECT MATTER EXPERT, UM, FOR FACILITIES.
SO HE HELPS US WITH THE DESIGNS.
HE'S SUPPORTED WITH THE GRANT.
SO HE'S BEEN INGRAINED IN THIS PROJECT FOR QUITE A FEW YEARS NOW.
UM, ALSO WITH ME, I HAVE JULIE SHANE.
SHE IS ALSO A CIVIL SERVANT FOR WALLOPS, AND SHE RUNS OUR WATER TREATMENT AT MAIN BASE, WALLUPS.
SHE ALSO HAS, UM, RELATIONSHIPS WITH VIRGINIA DEPARTMENT OF HEALTH.
[01:00:01]
OF ENVIRONMENTAL QUALITY, SHE'S OUR GO-TO IF THERE'S ANY QUESTIONS ABOUT PERMITS.UM, I ALSO BROUGHT WITH ME TWO OF MY ENGINEERS THAT I CONTRACT OUT.
UM, THEY WORK WITH ME FOR INVESTIGATIONS AND CLEANUP WORK.
UH, ONE OF THEM IS CHRIS PIKE.
UH, HE'S BEEN WORKING ON WALLOPS FOR YEARS.
HE WAS INVOLVED WITH THE GAP TREATMENT SYSTEM, SO VERY KNOWLEDGEABLE ABOUT THE SITE.
AND THEN PHILLIP STEARNS, HE IS THE ONE THAT IS CURRENTLY WORKING ON A DOCUMENT, UM, THAT WE'LL GET INTO IN A LITTLE BIT.
MAY I ASK ONE QUESTION? YES, MA'AM.
SO ARE YOU GUYS COMING BACK FOR THE PUBLIC HEARING? OR IS THIS LIKE YOUR PRESENTATION FOR THE PUBLIC HEARING THAT WE'RE NOT HAVING? I THINK WE'RE GETTING TOO DEEP INTO THINGS AND, YOU KNOW.
COULD I JUST HAD ONE QUESTION, MADAM CHAIRMAN, THAT - YEAH.
MY CONCERN WAS TWO THINGS WAS WHAT PROVISIONS OR WHAT THOUGH WENT INTO THE IMPACT IN THE NEIGHBORHOOD.
AND THE SECOND QUESTION I HAD WAS, IS THIS EXCLUSIVELY WATER THAT'S GOING TO BE USED ONLY ON SHANKARTIG? IS IT, IS, IS ANY POSSIBILITY THAT THESE WELLS WOULD SERVE THE ADJACENT COMMUNITY IN SOME FASHION? I THINK THE PROPOSED - YEAH.
SO THOSE ARE THE ONLY TWO THINGS THAT, THAT I WANTED, THAT I WOULD HAVE CONCERN ABOUT TONIGHT.
SO WE ARE IN THE PROCESS OF DEVELOPING A PRELIMINARY ENGINEERING REPORT, AND THAT REPORT EVALUATES A LOT OF DIFFERENT COMPONENTS, UM, FOR THE DRINKING WATER SYSTEM.
SO ONE OF IT IS WHAT IS THE CAPACITY, HOW MANY WELLS? UH, WE ALSO ARE INCLUDING A 30% DESIGN WHICH CAN HELP, UM, EXPLAIN WHAT WILL GO ON THE PROPERTY.
UM, AND THAT'S THE TYPE OF INFORMATION WE WERE BRINGING TONIGHT.
SO, UM, I KNOW STEPH WENT THROUGH SOME OF THE DETAILS ABOUT BUILDINGS AND EVERYTHING.
SO THIS KIND OF WRAPS IT UP IN A, A SUMMARY.
I GUESS IF YOU GUYS PRESENT ALL YOUR STUFF TONIGHT, THEN WHAT'S THE PUBLIC GONNA HEAR ON THE PUBLIC HEARING? IT'S KIND OF LIKE - THEY CAN PRESENT AGAIN.
SO ALL WE NEED TO DECIDE TONIGHT IS IF WE'RE GONNA HAVE A PUBLIC HEARING.
IS THAT CORRECT? I MAKE A MOTION WE HAVE A PUBLIC HEARING.
SO THAT FIVE YEARS FROM NOW WHEN YOU COME BACK, WE HAVE ALL THAT INFORMATION.
I MEAN, ARE THESE THE TWO QUESTIONS THAT WE HAVE FOR THEM TO COME BACK TO AS WELL? WELL, I GUESS THAT WOULD BE FOR...
SO YOUR SITE PLAN NEEDS TO HAVE EASEMENTS ON IT AND YOUR BUILDING AND HOW FAR ARE YOU GONNA HAVE IT FROM IT? IF I MAY, UM, THE, THE, UH, THE SITE PLAN APPROVAL PROCESS WILL TAKE CARE OF THAT.
NOW, THE CONDITIONAL USE PERMIT, UH, FOR YOUR QUESTIONS, UH, THE, THE, THE TOWN, NASA AND THE CONSULTING ENGINEER, UH, THEY CAN COME BACK WITH A, WITH A CONCEPTUAL PLAN, WHICH IS REALLY ALL THAT'S REQUIRED AT THIS POINT THAT SHOWS, YOU KNOW, PROPOSED STRUCTURES, ALIGNMENTS OF CONNECTIONS TO THE EXISTING WELL FIELD ON, AT PUMP HOUSE TURN.
ALL OF THAT INFORMATION IS, IS STILL REQUIRED.
UM, HOWEVER, THE HEAVY DUTY ENGINEERING IS, UH, THAT HAPPENS LATER.
SO ONCE THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS, YOU KNOW, PLANNING COMMISSION RECOMMENDS, UM, AND THE BOARD OF SUPERVISORS DECIDES, SHOULD THE BOARD OF SUPERVISORS DECIDE, YES, WE'RE GOING TO APPROVE A CONDITIONAL USE PERMIT.
THE TOWN AND ITS PARTNERS STILL HAVE, UH, STILL HAVE A LITTLE BIT OF HOMEWORK TO DO IN TERMS OF PROVIDING A FULL SITE PLAN.
THAT'S WHEN YOU'RE GONNA, UH, THAT'S WHEN YOU'LL SEE ALL, AGAIN, A LOT OF THE HEAVY DUTY ENGINEERING, INCLUDING PROFILES, UM, STORMWATER IS NOT, IS PROBABLY NOT GONNA BE A, UM, UH, A CONSIDERATION HERE.
BUT FOR, FOR THE PUBLIC HEARING, A CONCEPTUAL PLAN THAT SHOWS THE THINGS THAT YOU'RE TALKING ABOUT, MADAM CHAIR, UM, YOU KNOW, WITH A 30% PLAN, THAT SHOULD, THAT SHOULD BE,
[01:05:01]
UH, A FAIRLY EASY LIFT, I WOULD THINK.BUT THE EASEMENTS, IF THEY PUT A WELL IN THE MIDDLE OF AN EASEMENT, THEY'RE GONNA HAVE TO GO TO COURT WITH WHOEVER WANTS TO USE THE EASEMENT.
SO WHAT, WHY DO WE HAVE ANY SAY IN THAT AT ALL? RIGHT.
I, I CANNOT SPEAK TO THE DECISION THAT, UH, YOU KNOW, HOW THE TEST WELL ENDED UP IN THE EASEMENT.
UH, WE'VE ALREADY ESTABLISHED THAT, UH, WELLS, OR RATHER THAT EASEMENTS CANNOT BE ENCUMBERED, UH, BY STRUCTURE, BY FENCES, ANYTHING LIKE THAT.
SO- SO THAT'S NOT REALLY BEFORE US.
UNLESS YOU SAY WE'RE GONNA PUT IT 50 FEET FROM A PROPERTY EDGE.
BUT, BUT WHAT I'M SAYING IS, IS THAT THERE, THE, THE, THE PROPERTY OWNER WHO USES THE EASEMENT HAS A LEGAL RIGHT TO THAT EASEMENT AND THERE'S NOTHING THAT WE SHOULD SAY OR DO.
IF THE TOWN OF SHANKYTA PUTS A WELL ON SOMEBODY'S EASEMENT, THEY'RE GONNA GO TO COURT AND THE TOWN OF SHANKYTAGE'S GONNA HAVE TO PAY TO MOVE THE WELL.
SO IT'S NOT IN THEIR BEST INTEREST TO PUT THE WELL SOMEWHERE WHERE SOMEBODY'S GONNA COME BACK AND SEE THEM.
IT'S AN EXISTING TEST WELL THAT THEY CAN AND, YOU KNOW, IF I MAY, PROBABLY SHOULD ABANDON PURSUANT TO THAT POINT.
ANYTHING NEW WOULD HAVE TO BE OUTSIDE OF THE EASEMENT IS, IS, UH, IS WHAT WE HAD INDICATED EARLIER.
CAN I PROVIDE SOME CONTEXT ON THAT? SURE.
UM, THE TEST WELLS, EXCUSE ME, THE TEST WELLS WHICH WERE DONE IN 2018, UH, BY A LOCAL CONTRACTOR, ACCORDING TO OUR RECORDS, WERE PUT IN THIS 50 FOOT EASEMENT.
UH, THEY SHOULD NOT HAVE BEEN.
THEY HAVE SINCE BEEN CAPPED AND ABANDONED AND BURIED.
UH, WE WILL NOT BE PUTTING ANY WELLS IN OR NEAR THE EASEMENTS THAT EXIST ON THE PROPERTY, UH, AT THIS POINT WHEN WE'RE TALKING THE THREE NEW WELLS THAT WE'RE DISCUSSING.
SO THAT, THAT SHOULD NOT BE AN ISSUE.
AS I SAID, THE, THE TWO, UH, EXISTING TEST WELLS HAVE BEEN BURIED, CAPPED, UH, AND THEY SHOULD NOT AFFECT THE EASEMENT ANY LONGER.
AND WE CERTAINLY KNOW WHERE THE EASEMENT IS.
UH, WE WILL NOT BE LOCATING THE, ANYTHING NEW, UH, IN OR NEAR THAT EASEMENT.
SO REALLY THE ONLY THING WE WANNA KNOW ABOUT IS HOW MUCH WATER DRAWING WOULD AFFECT ANY SLIM CHANCE THAT A NEIGHBORING VILLAGE WOULD BE BUILT.
THAT'S WHAT WE WANNA HAVE SOME KNOWLEDGE ABOUT.
UM, THIS HAS RIGHT HERE, DRAW DOWN AND NEARBY RESIDENTIAL WELLS.
HAS THE DRAWDOWN STUDY ALREADY BEEN CONDUCTED? YEAH.
UM, SO WE DID INSTALL, UM, ANOTHER TEST WELL, NOT IN THE EASEMENT.
UM, I BELIEVE WE HAVE A SLIDE, CHRIS.
I'M GONNA BRING CHRIS UP FOR THIS.
WE ARE STARTING TO LOOK INTO THAT.
UH, I WILL SAY THAT IT WAS A FOUR-INCH TEST WELL.
IT WASN'T AN EIGHT INCH PRODUCTION WELL.
SO, UH, WE WERE ABLE TO PULL INFORMATION AND WE CAN MAKE ESTIMATES BASED ON THAT.
UM, SO I'M GONNA HAVE CHRIS PRESENT THIS INFORMATION TO YOU, IF THAT'S OKAY.
I GUESS I CAN GO BACK ONE SLIDE.
UM, SO WE INSTALLED, AS CHRISTIE SAID, A TEST WELL, FOUR INCH TEST WELL DOWN TO 258 FEET.
UM, THERE WAS A GOOD PRODUCTIVE ZONE AROUND 160 FEET, WHICH WE UNDERSTAND A LOT OF THE RESIDENTS, UM, PUMP FROM THAT.
THAT'S IN THE UPPER, UH, YORKTOWN AQUIFER, BUT WE FOUND A BETTER, BETTER PRODUCING ZONE DOWN TO 258 FEET.
SO WE SCREENED A WELL FROM 228 TO 258 FEET.
UM, SO PUT THE WELL IN, IT'S A FOUR INCH WELL.
SO WE DID A PUMP TEST AT 85 GALLONS PER MINUTE FOR 24 HOURS.
UM, WITH THAT SIZE WELL, WE COULDN'T PULL ANY MORE OUT AT THAT TIME.
SO BASED ON THAT, UM, WE WERE ABLE TO DO CALCULATIONS AND ESTIMATED THAT THE TRACK COULD CONSERVATIVELY, CONSERVATIVELY PRODUCE ABOUT 300 GPM OR 430,000 GALLONS PER DAY.
UM, THAT'S NOT SAYING WHAT WOULD BE PRODUCED, BUT THAT, THOSE WERE OUR CALCULATIONS.
AND WE'RE CURRENTLY CONFIRMING THAT THE NEARBY RESIDENTS WELL ARE IN THAT 160 FOOT, UM, UPPER YORKTOWN EASTOVER AQUIFER.
SO BASED ON OUR PUMP TESTING, WE GOT SOME CHARACTERISTICS OF THE AQUIFER, TRANSMISSIVITY, CONDUCTIVITY AND STORATIVITY.
SO WITHOUT CONTEXT, THOSE NUMBERS DON'T MEAN TOO MUCH, BUT BASICALLY IT SAYS IT'S A GOOD PRODUCING SANDY SHELLY AQUIFER.
UM, SO WE WANTED TO DO SOME, CALCULATE THE DRAWDOWN BASED ON THE INFORMATION WE HAVE, UM,
[01:10:02]
AND THE, UM, YOU KNOW, FROM JUST THIS ONE PUMP TEST.AND WE DETERMINED IN THE PUMPING AQUIFER, 250 FEET, IF WE DID 70 GPM PER WELL, WE'D GET ABOUT 16 FEET OF DRAWDOWN IN THAT AQUIFER, UM, AFTER 180 DAYS.
AND THEN, SO THAT'S, THAT'S OUR PUMPING AQUIFER, BUT IN THE UPPER EASTOVER AQUIFER WHERE THE, THE RESIDENTS WELL PRIMARILY ARE A DISTANCE OF 400 FEET, IF WE PUMP THAT AQUIFER AT 300 GPM, BASED ON THE CALCULATIONS, THEN WE WOULDN'T SEE INFLUENCE FOR OVER 800 YEARS.
NOW, WE DID NOT DO A TEST WITH A WELL AT 160 FEET WHILE WE PUMPED ON OUR TEST WELL, BUT BASED ON THAT CONFINING LAYER BETWEEN THE TWO AQUIFERS, UM, THAT'S WHAT WE FOUND.
AND AS WAS DISCUSSED EARLIER, THAT WOULD BE TALKED ABOUT WITH THE DEQ AND THE VDH DURING THE PERMITTING PROCESS.
YOU KNOW, THEY HAVE A TON OF, UM, APPLICABLE, APPLICABLE EXPERIENCE WITH THE, WITH DRINKING WATER IN THIS AREA.
SO ALL THE CALCULATIONS WOULD GO TO THEM.
ANY ADDITIONAL RECOMMENDATIONS FOR TESTING WOULD COME BACK, UM, AS PART OF THE PERMIT.
SO IF YOU GUYS DI- DIG A 255 FOOT WELL - YES.
HOW DEEP DOES THE NEIGHBORING WELL HAVE TO BE TO NOT BE GO DR - TO NOT GO DRY? AND LIKE IF THERE'S LIKE 230.
SO WE WOULD, THERE WOULD BE SOME DR - IF THEY HAD A, IF THEY HAD WELLS THAT WERE THAT DEEP IN THAT SAME AQUIFER, THEY WOULD PROBABLY SEE SOME DRAWDOWN.
WE DON'T THINK THE NEIGHBORS HAVE THE WELLS THAT ARE THAT DEEP, BUT WE'LL BE WORKING WITH THE DEQ AND BDH TO CONFIRM THAT.
SO THERE'S THIS CLAY CONFINED UNIT, UM, BETWEEN WHERE THE RESIDENTS LIVE.
SO THE, THE LATER COLORS ARE SANDY SHELLY, AND THEN THESE ARE CLAY SILT LAYERS THAT ARE DARKER.
SO THERE IS A, A 30 FOOT THICK CLAY SILT LAYER BETWEEN WHERE THE RESIDENCE WELLS ARE AND WHERE THE, UH, PROPOSED PRODUCTION WELLS WOULD BE, LIMITING THE EFFECT ON THE NEIGHBOR'S WELLS.
SO YOU GUYS KNOW THAT THE NEIGHBORS HAVE 160 FOOT WELL? SO WE DO, WE, THAT'S WHAT WE WERE TOLD AT THE SITE BY ONE OF THE NEIGHBORS, AND THEN WE GOT SOME RECORDS AND WE'RE WORKING WITH THE BDH ON THAT, UM, THAT ONE OF THE RESIDENCE WELLS 190 FEET, WHICH PROBABLY GOES INTO THAT CONFINED UNIT.
AND THEY WERE ONLY GETTING 12 GALLONS A MINUTE.
IT'S PROBABLY BECAUSE IT WAS PUT IN A LITTLE TOO DEEP.
SO THE, THE, THE, SO WHAT IS THE CONE OF DEPRESSION? WE'RE, BASED ON THE CALCULATIONS AND, YOU KNOW, IT'S USING A LOT OF, UM, REGIONAL DATA BECAUSE WE DIDN'T DO A TEST ON THIS PARTICULAR SITE, BUT THE CONE OF DEPRESSION FOR THE RESIDENTS WELL SHOULD BE, UH, MINIMAL TO NOT, TO NOT SEEING BECAUSE WE'RE PUMPING FROM THAT DEEPER AQUIFER.
IN THE DEEPER AQUIFER, WE'RE THINKING THE DRAWDOWN WILL BE 16 TO 20 FEET IF WE PUMP AT KIND OF THE CAPACITY OF THE AREA.
SO I ASSUME THAT THE DEQ WILL STILL BE, WILL NOT ALLOW YOU TO PUT THE PUMP IN THE, IN THE AQUIFER? IN THE MORE SHALLOW, YES.
WHICH WE WOULD WANT TO ANYWAY.
YEAH, WE WANNA GO IN THE DEEPER AQUIFER.
WE USED TO PUT THE PUMPS DOWN IN THE, ALL THE WAY TO THE BOTTOM, AND THEN, THEN DEQ SAID YOU CAN'T DO THAT.
YOU, YOU HAVE TO PUT THE PUMPS ABOVE.
WE'LL HAVE THE SCREENED INTERVAL FROM 228 TO 258, APPROXIMATELY, DEPENDING ON WHERE WE ARE ON THE PROPERTY.
BUT THE PUMP WILL BE PLACED IN THE WELL, BUT ABOVE THE SCREEN.
IT PREVENTS OXYGEN FROM GETTING IN.
UM - AND LIMITS YOUR PRODUCTION.
YES, BUT WE'RE, WE STILL HAVE...
THE DEPTH OF THE WATER'S ABOUT 30 FEET, AND IF OUR PUMPS AT 200 FEET, WE STILL HAVE, THERE'S STILL 170 FEET - UH-HUH.
OF DRAW DOWN THAT WE WOULD NOT, YOU KNOW, WE'RE THINKING WE WOULDN'T BE ANYWHERE NEAR THERE.
SO YOU'RE, YOU'RE UNCLEAR OF THE NUMBER OF WELLS THAT'LL BE NECESSARY? UM, YES.
WE COULD REPLACE THE SHALLOW WELLS PROBABLY WITH ONE PRODUCTION WELL, BUT WE WANNA HAVE REDUNDANCY AND BE ABLE TO ROTATE SO ONE WELL'S NOT OPERATING THE WHOLE TIME.
SO WHAT, WHAT YOU'RE CALLING SHALLOW WELLS ARE, ARE IN, UH, CONFINED AQUIFER OR UNCONFINED? UNCONFINED.
THE CURRENT SHALLOW WELLS THAT THE TOWN'S PUMPING FROM THAT HAVE PFAS ARE IN THE UPPER COLUMBIA AQUIFER.
SO THEY'RE ABOUT 60 FEET DEEP.
SO THOSE WOULD BE REPLA - THOSE WOULD BE ABANDONED AND REPLACED WITH THESE DEEPER WELLS ON THE MATTHEW'S PROPERTY.
AND UNCONFINED WATER IS TYPICALLY OF POOR QUALITY ANYWAY.
[01:15:01]
DRINKING WATER, BUT BECAUSE IT'S NEXT TO BASICALLY AN INDUSTRIAL FACILITY, IT, IT WAS CONTAMINATED.WELL, I, I KNOW MOST OF THE RESIDENCES, THEY'RE GOING, LIKE YOU SAID, 190 FEET.
NOW THEY'RE NOT DOING ANYTHING ABOVE THAT.
YEAH, AND THEY SHOULDN'T BECAUSE THEN, YOU KNOW, IN THAT UNCONFINED AQUIFER, ANYTHING FROM THE SURFACE COULD, YOU KNOW, ENTER.
BUT WITH THAT, WHAT WE LABEL THE UPPER CONFINING UNIT THERE IS VERY THICK AND VERY COMPETENT.
WE'VE DONE A LOT OF TESTING BETWEEN THE UPPER YORKTOWN AND THE COLUMBIA, AND WE DON'T SEE...
THERE'S NO COMMUNICATION BETWEEN THEM REALLY AT ALL BECAUSE OF THAT THICK CLAY THERE.
ANY, UH, SALT INTRUSION MEASUREMENTS? NO, WE SAW WE GOT VERY GOOD WATER QUALITY.
UH, WE ONLY DID A ONE-DAY PUMP TEST.
UM, SO THERE WERE, THERE WILL BE MORE PUMP TESTING, UM, AS THE FULL SCALE PRODUCTION WELLS COME IN.
BUT, UM, I'M NOT A HYDRO GEOLOGIST, BUT OUR HYDRO IS PRETTY CONFIDENT THAT THAT'S, THAT DOWN AT THAT LEVEL, WE WILL NOT SEE IT.
THE TOWN IS CURRENTLY PUMPING FROM WELLS FAIRLY NEAR THE, UM, YOU KNOW, THE WETLANDS THERE THAT ARE SALT WATER AND THEY'RE NOT SEEING ANY SALTWATER INTRUSION IN THOSE DEEPER WELLS.
ANY OTHER QUESTIONS? SOMEONE WILL MAKE A MOTION FOR PUBLIC HEARING.
MAKE A MOTION THAT WE HAVE A PUBLIC HEARING.
I MAKE A MOTION THAT WE HAVE A PUBLIC HEARING ON THE MATTERS BEFORE US ON NOVEMBER THE 12TH AT 7:00 PM IN THIS VERY BUILDING.
WE'LL MOVE ON TO, UH, BRIEFING ON AMENDMENT OF CHAPTER 78 SUBDIVISIONS SECTION 78-13 REGARDING LOT VALIDATIONS.
SHAUN CECE, RIDLEY COUNTY PLANNER.
SO AT LAST MONTH'S MEETING, I GAVE YOU A QUICK BRIEFING ON THIS.
SO THIS IS AN ORDINANCE AMENDMENT FOR CHAPTER 78, UH, SUBDIVISIONS LOT VALIDATIONS.
SO, UM, THIS AMENDMENT IS TO MODIFY THE CRITERIA UNDER WHICH CERTAIN UNAPPROVED DIVISIONS OF LAND MAY BE VALIDATED.
UH, THIS WILL BE ELIMINATING THE REQUIREMENT THAT APPLICANT SUBMIT A RECORDED SUBDIVISION PLAT FOR REVIEW AND APPROVAL BY THE COUNTY.
AND THIS IS ONLY IF THAT ORIGINAL RECORDED DOCUMENT SHOWS THE, UM, SHOWS CONTA - CAN'T TALK THIS EVENING.
UM, CONTAINS LEGIBLE DISTANCES AND VARIANCE AND IS STAMPED BY A LICENSED SURVEYOR OR PROFESSIONAL ENGINEER.
UM, THE BOARD OF SUPERVISORS RESOLUTION FOR THIS ORDINANCE AMENDMENT, UM, CAME DOWN AT THEIR AUGUST 19TH, 2026 MEETING.
UM, SOME BACKGROUND ON, UH, CODE SECTION 7813.
THERE WAS A PREVIOUS AMENDMENT IN, UH, ON JULY 19TH OF 2023, AND THAT, UM, ESTABLISHED AN ADMINISTRATIVE PROCESS FOR VALIDATING, UH, CERTAIN UNAPPROVED DIVISIONS OF LAND, UH, THAT CAME OUT WITH EIGHT CRITERIA, AND WE'LL GO, UH, OVER THOSE ON THE NEXT SLIDE.
AND THAT AMENDMENT APPLIED TO DIVISIONS RECORDED BETWEEN MAY 1ST, 1973 AND DECEMBER 31ST, 2022.
SO THIS IS THE CURRENT VALIDATION CRITERIA.
UH, ONE THROUGH SIX WILL RE - UH, REMAIN THE SAME.
THERE WILL BE NO CHANGES TO THOSE.
SEVEN AND EIGHT IS WHAT YOU SEE OUTLINED IN THE RED RECTANGLE, AND THEN LARGER HERE.
SO SEVEN AND EIGHT IS ON THE LEFT SIDE, AND I'LL READ THOSE.
SO CURRENTLY EIGHT, SORRY, CURRENTLY SEVEN SAYS, "PREPARE AND SUBMIT FOR COUNTY APPROVAL A SUBDIVISION PLAT CERTIFIED BY A LICENSED SURVEYOR OR A PROFESSIONAL ENGINEER SHOWING BOUNDARIES OF THE LOT AT ISSUE." THE PROPOSED REVISION STATES, "ONE, TO PROVIDE THE COUNTY WITH THE RECORDED INSTRUMENT ON WHICH THE UNAPPROVED DIVISION OF LAND IS SHOWN, WHICH INSTRUMENT MUST SET FORTH LEGIBLE DISTANCES, BEARINGS, DIMENSIONS, AND LOT AREA, OR PREPARE AND SUBMIT TO THE COUNTY FOR APPROVAL A BOUNDARY SURVEY PLAT CERTIFIED BY A LICENSED SURVEYOR OR PROFESSIONAL ENGINEER SHOWING THE BOUNDARIES OF THE LOT OR LOTS AT ISSUE." EIGHT CURRENTLY READS, "RECORD THE SUBDIVISION PLAT IN THE CLERK'S OFFICE OF THE COUNTY CIRCUIT COURT AFTER APPROVAL BY THE COUNTY ADMINISTRATOR OR DESIGNEE.
[01:20:03]
PROPOSED, UH, CHANGES FOR EIGHT.IF A NEW BOUNDARY SURVEY PLAT IS REQUIRED, THE APPLICANT SHALL RECORD THE BOUNDARY SURVEY PLAT IN THE CLERK'S OFFICE OF THE COUNTY CIRCUIT COURT AFTER APPROVAL BY THE COUNTY ADMINISTRATOR OR DESIGNEE." SO OUR GOALS HERE, UM, STREAMLINE A VALIDATION PROCESS FOR QUALIFYING UNAPPROVED DIVISIONS, REDUCE COSTS AND ADMINISTRATIVE BURDENS, AND TO UTILIZE EXISTING RECORDED DOCUMENTATION WHEN IT PROVIDES, UH, SIGNIFICANT...
I'M SORRY, SUFFICIENT INFORMATION.
UH, ONE THING I WOULD LIKE TO NOTE IS THAT THIS DOES NOT ELIMINATE THE VALIDATION PROCESS OR OTHER REQUIREMENTS INTENDED TO ENSURE THAT A LOT CAN BE SAFELY AND APPROPRIATELY DEVELOPED.
AND STAFF WOULD ALSO LIKE TO REQUEST A PUBLIC HEARING FOR THE NOVEMBER 12TH MEETING.
ANY QUESTIONS? I GUESS I GOT A QUESTION.
COULD YOU GO BACK TO THE I AND THE I, YOU KNOW, UH, RIGHT THERE.
SO I, PROVIDE COUNTY WITH RECORDED INSTRUMENT.
I GUESS I DON'T KNOW WHAT YOU MEAN BY THAT.
WHAT, WHAT WOULD I HAVE TO PROVIDE BESIDES A CERTIFIED PLAT? SO IF THERE'S ALREADY ONE RECORDED AND THAT ONE IS LEGIBLE, BECAUSE WE DO HAVE SOME VERY OLD DEEDS OR PLATS WHERE YOU CAN'T TELL WHERE THE BOUNDARIES ARE, UM, THEY'RE UNCLEAR.
SO IF WHAT IS RECORDED, IT'S CLEAR ENOUGH TO SEE THOSE BOUNDARIES, DIMENSIONS, UM, THEN THAT CAN BE USED INSTEAD OF A PERSON HAVING TO GO OUT AND GETTING A NEW, UM, SUBDIVISION PLAT DONE FOR ONE LOT.
SO IF YOU HAVE ONE LITTLE PIECE OF PROPERTY AND IT'S SURROUNDED BY LAND THAT HAS BEEN, UH, ENGINEERED, SURVEYED, WOULD THAT...
I GUESS YOU WOULD HAVE TO GET YOUR LITTLE LOT SURVEYED ALSO, IS THAT CORRECT? UNLESS IT IS ALREADY - PLATTED.
HOW MANY, UM, LOTS DO YOU GUYS GET A MONTH THAT COME IN? YEAH.
HAVE YOU GUYS EVER TRIED TO GET A SURVEY? IT'S LIKE YOU WAIT MONTHS UPON MONTHS.
YEAH, SO THIS IS TRYING TO RESOLVE SOME OF THAT.
EVEN NEED MORE SURVEYORS IN THE COUNTY, BECAUSE I THINK ONE GUY SAID SIX WEEKS AND WE WAITED SIX MONTHS AND I CANCELED.
SO - BUT FOR FOLKS WHERE THERE'S ALREADY SOMETHING RECORDED - UH-HUH.
THAT'S ON FILE, THEN YOU WOULD NOT HAVE TO GO OUT AND DO THAT IF WHAT'S ON FILE IS LEGIBLE AND HAS, UM - MEETS AND BOUNDS.
SO - I DON'T KNOW WHY YOU DIDN'T PUT MEETS AND BOUNDS IN THERE, BUT MEETS AND BOUNDS IS ALL YOU NEED.
YOU KNOW, LIKE 30? NOT THAT BAD.
BUT IT'S SOMETHING YOU HAVE TO STOP AND DEAL WITH.
IT'S SOMETHING THAT EVERYBODY HAS TO STOP AND DEAL WITH.
IS THIS A COMPONENT OF ADDRESSING WHERE I SEE ALL OVER THE COUNTY WHERE IT LOOKS LIKE SOMEBODY TOOK A RULER AND WENT AND MADE A BUNCH OF BOXES AND CALLED IT A SUBDIVISION?
UM, SO THIS PROVISION THAT WAS ORIGINALLY ADOPTED IN JULY OF 23 HAD THE, UM, UH, HAD THE RANGE OF MAY 1ST OF 73 TO DECEMBER 31ST OF 22.
SO THE CLOSER YOU GET, THE, THE OLDER YOU GET, UM, THE OLDER THAT PLAT IS, THE MORE LIKELY IT IS WHERE THAT SURVEYOR, UM, HAD HAND DRAWN, YOU KNOW, THEY STILL STAMPED IT, BUT IT WAS STILL HAND DRAWN.
UH, THEY STILL HAD TO GO OUT AND DO THE DISTANCES AND BEARINGS OR MEETS AND MAILS, WHICHEVER SYSTEM THEY WANTED TO USE.
BUT, UM, BUT, UH, THE, THE MORE RECENT ONES, I'D SAY LIKE MAYBE.
WHEN SHE WAS MENTIONING THE LEGIBLE ONES, YOU KNOW, THAT'S WHAT I...
I MEAN, I S - THERE'S QUITE A FEW OF THOSE.
AND, AND THAT WAS THE WHOLE POINT BEHIND THE, UH, THE ORIGINAL, UH, AMENDMENT WAS TO, UH, UH, WAS TO MAKE SURE THAT THEY WERE,
[01:25:01]
THAT NUMBER ONE, THEY HAD THE, UH, THE PROPER REVIEW AND SIGNATURE.BUT, UM, YOU KNOW, AS, AS FAR AS THE LEGIBILITY IS CONCERNED, I DON'T...
I'D HAVE TO CHECK WITH STAFF OR SHANTIS WOULD HAVE TO CHECK WITH STAFF.
BUT, UH, UM, PARTICULARLY SENGIN JONES WHO DEALS WITH THIS ON A DAILY BASIS.
UM, UH, MOST OF THEM HAVE BEEN LEGIBLE.
WE COULD NOT PUT A RATIO OF, YOU KNOW, LEGIBLE VERSUS ILLEGIBLE, BUT, UH, UM, WE, I, I WOULD VENTURE TO GUESS THAT WE'VE BEEN FAIRLY LUCKY THAT WE'VE BEEN ABLE TO SEE, YOU KNOW, MOST OF THEM, THAT THEY'RE LEGIBLE.
LOOK, LOOK DOWN FOX GROVE ROAD.
ANY OTHER QUESTIONS? ALL RIGHT.
ANYBODY LIKE TO MAKE A MOTION FOR NOVEMBER 12TH? MAKE A MOTION THAT WE HAVE A PUBLIC HEARING ON SAID ISSUE ON NOVEMBER THE 12TH, 2026 IN THIS VERY SAME BUILDING.
I HAVE A MOTION AND A SECOND FOR NOVEMBER 12TH PUBLIC HEARING.
SEE A BRIEFING ON CASE PEAK BAY PRESERVATION ACT AND CAPA REVIEW.
UH, SHAUNCE RIDLEY COUNTY PLANNER STILL HERE WITH YOU ALL.
UM, SO WHAT I'M GONNA GO OVER HERE IS JUST, UH, AN UPDATE ON WHERE WE ARE, WHAT WE'VE DONE SINCE THE LAST MEETING.
UM, SO WE HAVE ADVERTISED IN BOTH THE EASTERN SHORE POST AND ON THE COUNTY'S, UH, FACEBOOK PAGE.
UH, THE FACEBOOK PAGE IS RUNNING, UM, A FLYER EVERY, EVERY WEEK.
UM, TWO DIFFERENT ONES, BUT IT'S STILL GETTING OUT THERE FOR THE PUBLIC TO SEE EVERY SINGLE WEEK.
UH, PUBLIC SAFETY HAS BEEN REALLY GOOD TO US WITH MAKING SURE, UH, THAT INFORMATION IS GETTING OUT THERE.
OKAY, UM, THERE'S ALSO AN ARTICLE ON THE COUNTY'S WEBSITE.
UM, WE HAVE A SECTION NOW TITLED, UH, LATEST NEWS.
SO IF YOU GO THERE, UH, THE SAME ARTICLES, UM, INFORMATION THAT'S BEING POSTED ON THE COUNTY'S FACEBOOK PAGE IS ALSO ON THE COUNTY'S WEBSITE.
UH, WE HAVE REACHED OUT TO A LIST OF COMMUNITY, UM, DESIGN, UH, OUR ACADEMIC AND DEVELOPMENT STAKEHOLDERS TO, UM, INVITE THEM TO MAKE COMMENTS.
WE HAVE, UM, ALSO WE STARTED TO RECEIVE COMMENTS FROM SOME COUNTY RESIDENTS.
UH, SO WHAT WE ARE DOING WITH THOSE, WE'RE COLLECTING THEM AND THEN NEXT MONTH, UH, WHEN YOU GET YOUR PACKET, ALL OF THOSE WILL BE COMPILED INTO ONE SO THAT YOU'LL BE ABLE TO SEE THOSE COMMENTS IN THEIR STUDY COMING IN.
UH, WE'VE ALSO REACHED OUT TO DEQ AND, UM, WE'VE REQUESTED STAFF FROM BOTH THEIR STORMWATER AND CHESAPEAKE BAY DIVISIONS TO MAKE PRESENTATIONS TO THE COMMISSION IN NOVEMBER.? DID YOU STILL WANNA SPEAK ON THE REST FOR...
UM, UH, I, I WILL MENTION ONE THING THOUGH.
I, I, I DID INDICATE IN THE STAFF REPORT THAT WE WERE GONNA DO A PRESENTATION ON EROSION, THE DIFFERENCE BETWEEN EROSIONS CONTROL AND STORMWATER.
UM, UH, I WOULD REQUEST THE PLANNING COMMISSION'S, UH, PERMISSION TO DO THAT NEXT TIME.
UH, BUT THIS WOULD BE THE SAME PRESENTATION THAT WE GAVE THE BOARD OF SUPERVISORS ON JUNE 17TH, I BELIEVE IT WAS.
SO THIS WAS THE SAME EVENING THAT THEY, UH, THAT THEY, UH, THEY ACTED ON, YOU KNOW, REMOVING CHES BAY STANDARDS FROM CSI.
UH, I ALSO INDICATED THAT WE WERE GONNA HAVE SOMEONE WHO CAME BEFORE TONIGHT.
THEY UNFORTUNATELY WEREN'T ABLE TO MAKE IT, SO NEXT MONTH I THINK WOULD BE A BETTER TIME TO, UH, UH, TO, TO PROVIDE THAT INFORMATION TO YOU.
CAN YOU EMAIL THAT TO US? ABSOLUTELY.
OR POINT ME IN THE DIRECTION OF WHERE IT IS? MM-HMM.
DID YOU SAY YOU WERE HAVING PEOPLE COME NEXT MONTH? SO, UH, THE DEQ, UM, CHESAPEAKE BAY OFFICE, THEY HAVE COMMITTED TO, UH, TO COMING AND, UH, AND MAKING A PRESENTATION.
I HAPPENED TO GO TO A, UM, UM, UH, A SESSION THAT WAS ORGANIZED BY THE ANPC AT THE COMMUNITY COLLEGE.
UM, I THINK IT WAS, LIKE, SOMETIME IN EARLY NOVE - UH, I'M SORRY, EARLY SEPTEMBER.
I THOUGH THAT IT WAS THE PERFECT, UM, UH, PRESENTATION FOR THE PLANNING COMMISSION HERE, BECAUSE THEY GO OVER EXACTLY WHAT CHESBAY IS.
[01:30:01]
WATER, WHICH WAS THE, UH, WHICH WAS THE, UH, UM, THE BOARD'S INITIAL REASON FOR DELETING THE CHESBAY STANDARDS FROM THE, FROM THE SEASIDE.BUT THIS INFORMATION THAT I HEARD, UM, UH, BACK AT THE COMMUNITY COLLEGE, I THINK THE, THE PLANNING COMMISSION ABSOLUTELY NEEDS TO HEAR, AND THAT OFFICE AND THOSE PRESENTERS HAVE COMMITTED TO COMING, UM, ON THE 12TH.
I DIDN'T KNOW IF, UM, SINCE WE HAVE A FULL, YOU KNOW, PUBLIC HEARINGS AND THERE'D BE, SHOULD BE A LOT OF PEOPLE.
THERE WAS A LOT OF PEOPLE AT THE LAST ONES.
SO, YOU KNOW, YOU MIGHT WANNA THINK AND SEE IF THEY WANT TO, UH, WAIT
WELL, UM, I'LL GO AHEAD AND STEP BACK AT CHANTISE WILL SHOW YOU YOUR WORKLOAD OVER THE NEXT COUPLE OF MONTHS AND MAYBE THAT INFORMS, UH, DECISION.
ONE MORE THING IS REGARDING THE AGRICULTURAL UNIT STRUCTURES AND COMPLIANCE WITH, WITH THE, I GUESS, STORMWATER EVALUATION STUDIES AND ALL THAT, IS THIS A COMPONENT OF THAT? WE'RE GENERALLY TALKING ABOUT, UM, SO DEPENDING ON THE TYPE OF STRUCTURE, UH, RIGHT TO FARM ACT MAY, YOU KNOW, MAY, UH, UM - SO IF A FARMER WANTED...
MAY ASSERT ITSELF IN CERTAIN STORMWATER SITUATIONS, I, BUT - SO IF A FARMER WANTED TO PUT UP A 6500 BUILDING THAT THEY WOULDN'T HAVE TO GET, DO A, A, YOU KNOW, $100,000 BUILDING AND DO A $25,000 STUDY? I'D HAVE TO GET BACK TO YOU ON THAT.
'CAUSE THERE ARE CERTAIN INSTANCES, YOU KNOW, FOR INSTANCE, POULTRY FARMS, OF COURSE WE'RE TALKING ABOUT, UH, WE'RE TALKING ABOUT SEVERAL, UH, STRUCTURES, UM, AND HUNDREDS OF THOUSANDS OF SQUARE FEET, OR TENS OF THOUSANDS OF SQUARE FEET ANYWAYS, BUT, UH, UH, I CAN GET SOME CLARIFICATION FOR YOU ON THAT.
OKAY, SO, UH, SUBDIVISION AGENT, UH, UNDER HERE, WE ARE NOT TRACKING, UH, ANY MAJOR SUBDIVISIONS RIGHT NOW.
ZONING ADMINISTRATIVE REPORT, UH, THE BZA HELD SEVEN PUBLIC HEARINGS AT THEIR MEETING ON WEDNESDAY, OCTOBER THE 7TH.
UH, THERE WAS A MIX OF SPECIAL USE, UM, SPECIAL USE PERMITS AND VARIANCE REQUESTED.
UH, SIX OF THOSE WERE GRANTED WITH CONDITIONS AND ONE DEFERRED.
AND THEIR NEXT MONTH'S MEETING, THERE ARE SIX PUBLIC HEARINGS AND ALL SIX OF THOSE WILL BE SPECIAL USE PERMITS.
OKAY, UH, DEPUTY COUNTY ADMINISTRATIVE REPORT, UM, COMING UP ON THE 27TH, WE HAVE OUR NEXT, UH, JOINT WORK SESSION FOR THE COMPREHENSIVE PLAN.
UM, TOPICS WILL BE INFRASTRUCTURE AND COMMUNITY FACILITIES, AND STAFF IS CURRENTLY REVIEWING, UH, THOSE CHAPTERS TO GIVE GUIDANCE TO THE BERKELEY GROUP AS THEY CONTINUE WRITING.
UM, AND IT'LL BE AT THE LIBRARY AGAIN, UM, 5:30 PM.
AND IF THERE'S NO QUESTIONS ON THAT, I WILL BRING UP YOUR SCHEDULE FOR THE REST OF THE YEAR.
UM, AND I GAVE ALL OF YOU A PRINTOUT OF THAT.
SO, OF COURSE, WE'RE CURRENTLY IN OCTOBER, UM, AND THEN YOU'LL SEE IN A RED DOTTED RECTANGLE, UH, WHAT WE HAVE FOR NOVEMBER AND DECEMBER.
THIS IS WHAT WE'RE CURRENTLY TRACKING.
SO FOR NOVEMBER, AS OF RIGHT NOW, WE'RE TRACKING THREE PUBLIC HEARINGS AND FIVE BRIEFINGS.
DECEMBER, TWO PUBLIC HEARINGS AND ZERO BRIEFINGS.
UM, SO IF YOU WANNA TAKE A COUPLE OF MINUTES TO LOOK AT THAT, UM, SEE IF YOU MIGHT WANT TO MOVE SOMETHING.
I THINK LEE HAD MENTIONED EARLIER, UM, THE REMOVAL OF BEST FOR, FROM INDUSTRIAL, WHICH THE BOARD OF SUPERVISORS HAS ON THEIR MEETING, THEIR AGENDA FOR NEXT WEEK.
IF YOU ALL WANT TO HAVE THAT BRIEFING IN NOVEMBER OR IF YOU WILL PREFER TO HAVE THAT BRIEFING IN DECEMBER.
UM, WE ALSO HAVE PUBLIC HEARINGS FOR LOT VALIDATIONS NEXT MONTH, TOWN OF SHINGOTIG WATER WELLS NEXT MONTH, AND DUNCAN MANOR.
THE BRIEFINGS THAT WE WILL HAVE,
[01:35:01]
UH, CVPA CAPA, CHILDCARE SYSTEMS, UH, WILL BE COMING BACK.THEN WE HAVE THE RETAIL CANNABIS PATRIOT STEAL.
UM, SO NOVEMBER IS PRETTY FULL.
WHY WAS THE DUNCAN MANOR MOVED AGAIN? I'M SORRY.
WE MISSED THE NOTICE DEADLINE.
SO THE CAPA, IF, IF WE GOT A, IF WE DID ALL THIS AND MOVED THE CAPA TO A BRIEFING IN DECEMBER AND DID A PUBLIC HEARING IN JANUARY, WOULD THAT BE AN ISSUE? CAPA'S GONNA BE A BIG ONE.
WE WOULD JUST HAVE TO RESCHEDULE A DEQ TO SEE IF THEY'RE AVAILABLE AT THAT DECEMBER MEETING.
UM, YOU KNOW, THE ORIGINAL MOTION BY THE BOARD OF SUPERVISORS DID NOT GIVE US A TIMELINE OR SAY, YOU KNOW.
I DON'T WANNA PUT IT ALL FOREVER.
I MEAN, BUT I JUST, WE'VE GOT A LOT NEXT MONTH.
AND I, I THINK THAT WOULD BE A REASONABLE, UH, ACTION TO TAKE IF YOU WANNA PUT THAT OFF.
AND IF THEY DON'T, THEY CAN'T DO IT, WE CAN HAVE THEM FIRST.
THEN WE NEED THEM SITTING AROUND LISTENING TO ALL THE PUBLIC HEARINGS.
WHAT, WHAT I DON'T WANNA HAVE IS A WORK SESSION ON CAPA.
SO, SO THE STAFF'S INTENT AND ITS OUTLINE FOR THE STUDY WAS TO, YOU KNOW, AFTER THE 30 DAY COMMENT PERIOD WAS DONE THAT WE START WORKING ON THE, ON THE REPORT THAT WE WOULD GIVE TO YOU, YOU KNOW, SO THE, THE 30 DAY COMMENT PERIOD WOULD END AT THE END OF OCTOBER.
WE WOULD BRIEF YOU A LITTLE BIT IN NOVEMBER, WORK ON THE REPORT, GIVE YOU A REPORT IN DECEMBER.
UM, YOU KNOW, WE'RE, WE'RE CERTAINLY NOT GONNA TURN DOWN AN EXTRA MONTH TO PUT THAT STUDY TOGETHER.
UM, BUT THE STAFF CERTAINLY HAS THE, UH, HAS THE SAME, UH, OPINION THAT YOU HAVE IN TERMS OF WE DON'T WANT THIS TO LAST FOREVER EITHER, WHICH IS WHY WE JUST WANTED TO, TO, UH, UH, UH, DECISIVELY GET IT DONE AND THEN PRESENT IT.
BUT I DON'T THINK A MONTH IS GONNA HURT.
WELL, I'LL LEAVE IT UP TO YOU AND THE CHAIRMAN TO DETERMINE WHAT THE SCHEDULE IS.
I'M, I'M, I THINK WE SHOULD MOVE IT OFF IF WE CAN.
AND IF WE CAN'T, WE'LL FIGURE THAT OUT.
I MEAN, MADAM CHAIR CAN FIGURE THAT OUT WITH STAFF.
DO WE NEED A VOTE ON THAT OR YOU WANNA REACH OUT TO DQ PEOPLE FIRST? DO YOU NEED A VOTE ON IT? YOU DON'T NEED TO VOTE ON THAT, DO YOU? OKAY.
ONE THING I WILL MENTION ON RETAIL CANNABIS, THERE IS A TIME COMPONENT INVOLVED IN THAT BECAUSE THE STATE WILL, WILL BE ISSUING LICENSES FOR, UM, FOR RETAIL CANNABIS IN FEBRUARY.
UM, WE ARE NOT THE ONLY LOCALITY THAT IS IN THIS POSITION OF HAVING TO, UH, OF, OF HAVING TO, UH - IS THAT TIME CONSUMING? I MEAN, I THOUGH THE STATE WAS JUST PUSHING THAT DOWN ON US AND WE HAD TO ACCEPT WHATEVER THEY SAID.
WILL YOU BE EMAILING THAT OUT PRIOR TO? ONCE WE'RE DONE WITH IT, YEAH.
BUT, UH, ACCORDING TO, UM, SHAUNTISE'S MATRIX HERE, UH, RETAIL CANNABIS, UH, AS YOU CAN SEE IN GREEN AT THE BOTTOM FOR RETAIL CANNABIS, UH, PATRIOT STEEL, WHICH IS A REZONING AND CONDITIONAL USE PERMIT AND THE REMOVAL OF BEST, OF COURSE, WE BRIEFED ON THAT ONE EARLIER.
UH, THE BOARD IS EXPECTED TO PASS INITIATING RESOLUTIONS FOR THOSE THREE ITEMS NEXT WEEK.
SO THAT'S GONNA COME BACK TO US ANYWAY.
IT'S DEFINITELY GONNA COME BACK TO YOU.
I MEAN, THAT'S WHAT THE INITIATING RESOLUTIONS ARE, IS THAT ESSENTIALLY DIRECTS THE, THE PLANNING COMMISSION AND THE STAFF TO, TO START WORKING ON THOSE ISSUES.
SO FOR RETAIL CANNABIS, AT SOME POINT, THERE HAS TO BE A PUBLIC HEARING? THIS IS AN ORDINANCE AMENDMENT, SO YES.
SO IT'LL BE A ZONING ORDINANCE AMENDMENT.
THERE ARE CERTAIN ELEMENTS OF THAT THAT WE WANNA PUT ELSEWHERE IN THE CODE, FOR INSTANCE, HOURS OF OPERATION.
THE REASON FOR THAT IS IT'S SO THAT, UM, IF, IF THERE IS A VIOLATION OF THE HOURS OF OPERATION, IT'S NOT CONTINGENT ON ZONING TO ENFORCE THAT.
YOU KNOW, I THINK THAT OTHER AGENCIES, FOR INSTANCE, LAW ENFORCEMENT WOULD BE BETTER EQUIPPED TO HANDLE THAT SINCE THEY'RE ACTUALLY OUT THERE 24 HOURS A DAY AND WE'RE NOT.
BUT THAT'S JUST ONE VERY SPECIFIC EXAMPLE OF, OF THE THINGS THAT WE'RE LOOKING AT WITH RETAIL CANNABIS.
THE, UH, THE BOTTOM LINE THERE THOUGH IS THAT, UM, IS THAT WE HAVE A MODEL ORDINANCE, UH, TO, TO TINKER WITH AND THAT THE BOARD OF SUPERVISORS WILL BE, THEY'RE, THEY'RE GONNA START THE, UH, THE PROCESS NEXT WEEK.
SO, SO FAR I HAVE CAPA MOVING TO DECEMBER.
[01:40:01]
UM, THE REMOVAL OF BETH FROM INDUSTRIAL, DID YOU ALL WANT TO HAVE THAT BRIEFING IN NOVEMBER OR WOULD YOU ALSO LIKE TO MOVE THAT BRIEFING TO DECEMBER? S- SAY THAT ONE MORE TIME.SO FOR, UH, REMOVAL OF BETH FROM INDUSTRIAL, THE BOARD OF SUPERVISORS WILL BE GIVEN THEIR, UH, INITIATING RESOLUTION.
IF WE CAN MOVE THAT TO DECEMBER, YES.
I, UM, I DON'T KNOW THE, UH - WHAT, WHAT'S THE, UH, WHAT'S THE, UH, CHILDCARE SYSTEMS? IS THAT GONNA BE VERY LONG ON, UH, NOVE - UH, IN NOVEMBER? THAT ONE'S GONNA BE MORE INVOLVED THAN THE BETTER, THAN THE BEST IN INDUSTRIAL.
SO CAN WE MOVE THAT TO DECEMBER? YES.
SO WHAT I'M HEARING IS YOU WANNA MOVE SOMETHING ELSE TO DECEMBER? I WOULD LIKE TO MOVE TWO OF THOSE, ALL THOSE ITEMS TO DECEMBER.
AND IF, IF THE EASIEST ARE TO MOVE ARE CAPA AND THE CHILDCARE SYSTEMS OR CAPA AND BESS, I, I THINK WE OUGHT TO, WE NEED TO MOVE ON BESS.
AND SO THAT WOULD BE APPROPRIATE FOR NOVEMBER, BUT, YOU KNOW, CAPA AND CHILDCARE SYSTEMS, IF WE COULD MOVE THOSE TO DECEMBER, IF THAT DOESN'T MESS YOU ALL UP OR ANY OTHER PARTICIPANTS.
UM, BES - MADAM CHAIR, IS THAT OKAY? SURE.
SO, UH, BES, WE'VE ALREADY TALKED ABOUT.
I WILL SAY THAT THIS IS SOMETHING THAT WE, WE ALL SHOULD WANNA DO.
YEAH, I - YOU, WE WANNA LIMIT THAT.
BECAUSE THAT'S WHAT THE BOARD OF SUPERVISORS HAS FRAMED THIS AS A, YOU KNOW, AS A, UH, LIMITATION ON WHERE THESE FACILITIES CAN GO.
SO THERE'S BEEN A GREAT DEAL OF DISCUSSION ABOUT THE STATE REQUIRING THE EXPANSION OF WHERE SOLAR IS ALLOWED, BUT AGAIN, WHAT THE BOARD IS ASKING THE, UH, WHAT THE BOARD IS ASKING FOR IS AN ORDINANCE AMENDMENT.
SO IF THE STATE'S GOING TO REQUIRE EXPANSION OF WHERE SOLAR IS ALLOWED, THEN WHAT WE WANT TO DO IS TO LIMIT WHERE BEST IS ALLOWED.
MAYBE - THAT'S WHAT THAT ORDINANCE IS, THAT BOTTOM ONE, REMOVE.
I DO THINK WE SHOULD TAKE THAT UP SOONER RATHER THAN LATER.
SHOULD WE NOT? UH - I THINK THAT ONE'S GONNA BE AN EASY LIFT.
REVIEW THE SOLAR ORDINANCE ALSO WHEN WE DO THE BEST ORDINANCE? UM, JUST IN CASE.
WE CAN PUT SOMETHING TOGETHER FOR THAT.
UH, WHAT YOU DID TONIGHT, WHAT THE COMMISSION DID TONIGHT WAS TO RECOMMEND DENIAL, UM - SO WE PUT THAT OFF ON THE BOARD OF SUPERVISORS AND THEY GOTTA DEAL WITH IT.
SO, UM, SO THAT RECOMMENDATION, LET'S SEE, WHERE ARE WE? UM, OKAY.
SO THIS IS, UH, SOLAR FACILITIES AND BEST AMENDMENTS.
UH, WE REQUESTED A PUBLIC HEARING.
WE HELD PUBLIC HEARING TONIGHT, SO THE BOARD OF SUPERVISORS WILL RECEIVE YOUR RECOMMENDATION, UM, NEXT MONTH IN NOVEMBER AND THEY'LL HOLD A PUBLIC HEARING IN DECEMBER.
SO WE CAN MOVE TWO OF THE EIGHT TO DECEMBER AT LEAST, IF NOT THREE.
SO, SO YOU ALL ARE DONE WITH SOLAR FACILITIES AND BEST.
UH, IF YOU WANT TO STUDY IT SOME MORE - I DO NOT.
UH, BUT AGAIN, HERE AT THE BOTTOM, YOU DO HAVE ONE MORE ITEM THAT'S COMING BACK TO YOU BY WAY OF THE BOARD OF SUPERVISORS VOTE NEXT WEEK.
UM, WE WERE ASKED TO GIVE YOU GUYS A HEADS UP ON THAT, TO GIVE THE PLANNING COMMISSION A HEADS UP ON THAT.
SO - PATRIOT STEEL IS ALSO NOT VERY LONG EITHER.
UM - IT'S PRETTY STRAIGHT CUT AND DRY, RIGHT? WELL, PATRIOT STEEL, THIS IS THE SITE THAT'S JUST SOUTH OF THE, UH, UM, THE, THE FLEA MARKET ON ROUTE 13.
IT'S THAT LONG, UH, TOMATO BREEDER SHIPMENT, FORMER, FORMER SHIP.
SO WE ARE MOVING CAPA AND CHILDCARE BRIEFINGS TO DECEMBER.
AS A SIDE NOTE, UM, SEEING THIS ON THE SCREEN IN FRONT OF THE PILOT COMMISSION FOR THE FIRST TIME, IS THIS SOMETHING THAT WAS HELPFUL FOR YOU ALL? ABSOLUTELY.
YOU WANNA SEE THIS EVERY MONTH? I DO.
UM, WE'RE DONE WITH THAT'S ALL FOR THAT.
UM, DOES ANYBODY ELSE HAVE ANY OTHER MATTERS WITH STAFF? I DO HAVE A QUESTION.
I FIND THAT'S NOT VERY ACCURATE.
LIKE, YOU KNOW, LIKE I HAVE PROPERTY AND NOW THE PROPERTY LINE'S IN THE MIDDLE OF MY GARAGE.
I MEAN - YEAH, I SEE A LOT OF IT.
AND I FIND OTHER PLACES A LITTLE DIFFERENT.
UM - I KNOW OF ONE PARCEL THAT'S ACTUALLY MISSING.
OH, WHICH PARCEL WAS THAT? IT'S DOWN IN,
[01:45:01]
UH, UH, GOING TOWARDS HARBORTON.WELL, IF YOU EMAIL ME THAT INFORMATION, THEN I CAN GET IT TO OUR, UH, GIS COORDINATOR.
UM, AND THEN ANGIE, IF YOU - WELL, THE CITIZEN WHO CAME AND ASKED ME, I REFERRED THEM TO YOU.
UM, AND IS THIS AFTER THE UPDATE? IT SEEMS LIKE THE, THE LINES HAVE MOVED OR THE LINES HAVE GOTTEN WORSE OR? OH, WELL, I, I HAVE THIS PROPERTY AND IT HAS A GARAGE AND NOW THE GARAGE IS LIKE FIVE FEET OVER ON THE LINE.
WAS IT THERE, WAS IT LIKE THERE BEFORE THE - IT'S BEEN THERE FOR 40 YEARS.
IT'S BEEN - NO, I MEAN, THE, THE LINES BEING LIKE THAT.
WAS IT LINE THERE BEFORE THE UPDATE? I DON'T THINK SO.
JUST CURIOUS, YOU KNOW, UM, AND DO WE HAVE THE SAME, UH, MAP, YOU KNOW, LIKE STUFF AS YOU GUYS DO? LIKE, DO WE NEED A SUBSCRIPTION? NO SUBSCRIPTION IS NEEDED ANYMORE.
UM, OF COURSE, AND THERE IS THE WAIVER THAT'S ALWAYS THERE LETTING YOU KNOW THAT IT IS NOT ACCURATE.
BUT I WAS JUST CURIOUS TO KNOW IF WHETHER IT'S, THE ACCURACY HAS CHANGED FROM WHAT IT WAS BEFORE TO WHAT YOU'RE SEEING NOW WITH THE - OKAY.
SO YOU'RE SAYING IT HAS CHANGED? UH, SEVERAL PARCELS THAT'S 10 OR 12 FOOT NINE SHIFT.
I HAD A PARCEL THAT WAS 26 FOOT.
BUT, UM, SO YOU GUYS HAVE DIFFERENT SUBSCRIPTIONS OR BUTTONS THAN WE DO? LIKE, IT USED TO BE EASY TO USE.
LIKE YOU COULD PUT EVERYTHING YOU WANTED IN THERE AND THIS IS HOW - I LIKE THIS ONE BETTER.
AND WE HAVE HAD A LOT OF PEOPLE SAY THAT THEY DO LIKE THIS ONE BETTER, UM, BUT IT DOES TAKE SOME TIME TO GET USED TO AND TO FILL IT OUT AND TO, YOU KNOW, NAVIGATE WHERE THE BUTTONS ARE NOW.
THIS ONE, IF YOU, WHEN YOU HIT THE PARCEL, IT, IT, IT, UH, IT'S PROGRAMMED TO GIVE YOU THE INFORMATION ON IT IN A, IN A WINDOW ON THE RIGHT.
BEFORE YOU HAD TO HIT IT - AND THEN GO BACK.
AND THEN GO TO ANOTHER ONE BUTTON TO GET TO THAT.
BUT TO ADD LAYERS AND THINGS, IT'S, UM, BEEN DIFFERENT.
I'LL JUST - AND PUT SOME TIME IN.
AND THE LAYERS, AND THE LAYERS ARE THERE NOW.
THEY'RE JUST, YOU KNOW, DIFFERENT BUTTON, DIFFERENT LOCATION.
SO IT TAKES A LITTLE BIT TO GET USED TO BECAUSE SOMETIMES I'M LOOKING FOR A LAYER AND I'M CLICKING AND IT'S, IT'S NOT THE, I'M NOT IN THE RIGHT AREA, BUT, UM, I'VE GOTTEN USED TO IT DOWN.
SO THE MORE I USE IT, THE EASIER IT GETS.
SO IT JUST TAKES A LITTLE TIME.
OVER THE YEARS, IF I HAD TO PUT A PERCENTAGE ON IT, I WOULD SAY IT'S 95% CORRECT.
ALL THE FARMS THAT I HAVE AND ALL THE PARCELS I'VE DEALT WITH.
IT'S, IT'S, THERE, THERE ARE ERRORS.
AND, UH, BECAUSE - IT'S GOT A DISCLAIMER ON IT TOO.
IT DOES? WELL, THAT'S WHY YOU HAVE TO HIT THAT BEFORE YOU CAN OPEN IT.
SO, UM, ANY OTHER QUESTIONS? OKAY.
SO, UM, OUR NEXT MEETING IS TUESDAY, OCTOBER 27TH IN PARKSLEY FOR A WORK SESSION.
I MAKE - AND IF YOU WANNA MAKE A MOTION TO ADJOURN.