[Planning Commission Regular Meeting on November 12, 2026.]
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WE HAD NO REQUEST FOR REMOTE, UH, PARTICIPATION.
AT THIS TIME, A MOTION TO, UH, APPROVE THE AGENDA.
IT'S BEEN PROPERLY MOVED AND SECOND TO APPROVE THE AGENDA AS PRESENTED.
OPPOSED? HAVE A CHANCE TO REVIEW THE MINUTES FROM OCTOBER 14, 2026.
ARE YOU READY TO? MOVE TO ADOPT.
UH, THE LAST ITEM OF THE NEXT MEETING WAS LISTED AS NOVEMBER 14TH.
AND THAT'S WHY YOU HAVE A COPY OF THE MINUTES.
SO BEEN PROPERLY MOVED AND SECOND TO ACCEPT THE MINUTES AS PRESENTED.
OPPOSED, LIKEWISE? AT THIS TIME, WE'LL INVITE THE PUBLIC TO, UH, FOR COMMENTS OTHER THAN COMMENTS FOR THE PUBLIC HEARING.
SO THIS IS GENERAL COMMENTS FROM THE PUBLIC.
ARE THERE ANY? GENERAL COMMENT? NO.
UH, ELITE PAM, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
UM, AS THERE IS NO OLD BUSINESS, WE CAN, UM, WE CAN MOVE ON TO, UH, TO NEW BUSINESS.
SO WE HAVE, UM, UH, FOUR BRIEFINGS FOR YOU.
THREE OF THEM ON ORDINANCE AMENDMENTS AND ONE OF THEM ON A, UH, REZONING THAT, REZONING APPLICATION THAT WE RECEIVED.
UH, AND THEN FOLLOWING THAT, WE'VE GOT FOUR PUBLIC HEARINGS, SO THE PLANNING COMMISSION'S GONNA HAVE A BUSY NIGHT TONIGHT AND TRY TO GET THROUGH THEM AS QUICKLY AND EFFICIENTLY, BUT THOROUGHLY AS POSSIBLE.
SO THE, THE FIRST BRIEFING THAT WE HAVE IS AN ORDINANCE AMENDMENT FOR RETAIL CANNABIS.
I'M, I HAVE ADAPTED THE COUNTY ADMINISTRATOR'S SLIDE DECK FOR OUR PURPOSES, BUT IT CONVEYS ESSENTIALLY THE SAME INFORMATION THAT THE BOARD OF SUPERVISORS HEARD LAST WEEK.
UM, OR I'M SORRY, A COUPLE OF WEEKS AGO.
UH, NUMBER ONE, I'M GONNA GIVE YOU SOME BOTTOM LINES UP FRONT.
RETAIL SALES IN VIRGINIA OF, UH, CANNABIS WILL BEGIN ON JULY THE 1ST OF 2027.
AND FOR THE PURPOSES OF THE BOARD OF SUPERVISORS IN THIS BODY, ORDINANCES SHOULD BE ADOPTED BY AND BECOME EFFECTIVE ON THAT DATE.
WE'VE GOT A LITTLE BIT OF A TIMELINE FOR YOU AT THE END OF THE SLIDE DECK THAT SHOWS YOU WHERE WE ARE NOW AND WHERE WE NEED TO BE BY FEBRUARY.
THOSE CONTROLLED OR, UH, REGULATED USES INCLUDE CULTIVATION, DISTRIBUTION, PROCESSING AND RETAIL SALES AMONG OTHERS.
SO, UH, OTHER ONES ARE GONNA BE TESTING AND TRANSPORTATION.
ONE THING TO NOTE UPFRONT IS THAT LOCAL AUTHORITY IN REGULATING THIS IS, IS SIGNIFICANTLY LIMITED.
SO, UM, SO, AND YOU'LL SEE THIS LATER ON IN THE STAFF REPORT, WHAT WE INTEND TO DO IS TO, UH, IS TO SUBMIT PROPOSALS THAT COMPLY WITH STATE CODE AS RESTRICTIVE AS POSSIBLE.
WE HAVE BEEN GIVEN AN OR - UH, A TEMPLATE ORDINANCE FROM THE LOCAL GOVERNMENT ATTORNEYS OF VIRGINIA AND, UH, AND OUR ORDINANCE IS GONNA BE BASED OFF OF THAT AS I, UH, IMAGINE OTHER LOCALITIES ORDINANCES WILL BE BASED OFF OF THAT AS WELL.
I'VE MET WITH THE COUNTY ATTORNEY AND THE COUNTY, UH, UM, AND THE COUNTY ADMINISTRATOR TODAY TO ESSENTIALLY PLAN OUT THE NEXT FEW MONTHS OF ACTIVITIES IN TERMS OF FILLING IN THE BLANKS AND, UH, AND ADAPTING THE ORDINANCE FOR OUR PURPOSES.
SO, UM, THERE ARE SEVERAL THINGS THAT ARE, UH, THAT ARE UNDER REVIEW FOR THIS, UH, FOR THIS ISSUE OVERALL.
AND THE BOARD OF SUPERVISORS AND THE PLANNING COMMISSION HAS SPECIFIC ROLES HERE.
SO THE THINGS THAT NEED TO BE REVIEWED ARE HOURS OF OPERATION, PENALTIES, TAXATION, LICENSING, AND OF COURSE LAND USE, WHICH IS WHERE THE PLANNING COMMISSION COMES IN.
UM, THE, THE BOARD OF SUPERVISORS HAS TASKED THE PLANNING COMMISSION WITH REVIEWING ALL OF THOSE LAND USE ISSUES, THE HOURS OF OPERATION, THE PENALTIES AND TAXATION AND LICENSING WILL BE RESERVED FOR THE, UH, BOARD OF SUPERVISORS TO REVIEW AND ADOPT.
SO AS WE MOVE FORWARD WITH THIS, UH, WITH THIS EFFORT, THE BOARD OF SUPERVISORS REQUESTS THAT THE PLANNING COMMISSION
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NARROW ITS SCOPE TO LAND USE ISSUES ONLY.SOME OF THOSE ISSUES UNDER THE PLANNING COMMISSION, THE LOCATIONS OF THE USES, SO, UH, WHAT ZONING DISTRICTS ARE THEY GONNA BE IN, UH, SIGNAGE IS ONE OF THOSE OTHER MATTERS THAT THE PLANNING COMMISSION WILL REVIEW, AND THE BULK REGULATIONS.
SO AS YOU CAN SEE HERE ON THE RIGHT, KEY LAND USE POINTS, UH, USES ARE DEFINED BY STATE CODE.
SO THINGS LIKE WHAT IS A MICRO BUSINESS, WHAT CAN, WHAT CONSTITUTES RETAIL SALES, WHAT CONSTITUTES PROCESSING AND TESTING.
UM, UH, AND THEN CULTIVATION IS ANOTHER ONE SINCE WE ARE AN AGRICULTURAL COMMUNITY, UH, WILL, UH, YOU KNOW, TO, TO WHAT EXTENT CAN WE, UM, UH, CAN WE, UH, REGULATE CULTIVATION? BULK REGULATIONS ARE THE ONES THAT, UH, THE PUBLIC ARE PROBABLY MOST FAMILIAR WITH.
SETBACKS ARE INTERNAL TO THE SITE, SO HOW FAR DOES THE BUILDING HAVE TO BE FROM THE PROPERTY LINE? BUT ON THE OUTSIDE, UH, BUFFERS ARE SOMETHING THAT, UH, IS ALSO REGULATED OR, UH, SPEC'D OUT IN STATE CODE.
SO FOR INSTANCE, A USE CAN'T BE WITHIN, FOR EXAMPLE, A THOUSAND FEET OF A CHILD DAYCARE CENTER OR SCHOOL.
UM, BUILDING SQUARE FOOTAGE IS ALSO REGULATED.
FOR INSTANCE, I BELIEVE THE STATE CODE SAYS A MAXIMUM OF 2,500 SQUARE FEET OF RETAIL FLOOR AREA.
SO AGAIN, AS WE BRING, AS WE FILL IN THE BLANKS OF THAT TEMPLATE ORDINANCE, WE WILL, UH, WE'LL BRING THAT TO YOU AND BE MORE SPECIFIC.
THIS IS JUST AN OVERVIEW OF THE THINGS THAT ARE REGULATED.
OTHER BASIC INFORMATION, THE TOTAL NUMBER OF RETAIL LICENSES AVAILABLE STATEWIDE IS 350.
RIGHT NOW, THERE ARE 35 MEDICAL, UH, DISPENSARIES, UH, AND THE 350 WILL INCLUDE THOSE.
SO THOSE MEDICAL DISPENSARIES WILL HAVE TO BE CONVERTED INTO RETAIL DISPENSARIES.
AND IF MORE THAN 350 APPLICATIONS ARE RECEIVED, THEN THE LOTTERY METHOD WILL DECIDE WHO GETS, UH, THOSE 350.
MICRO BUSINESS LICENSES AVAILABLE ARE 100 STATEWIDE, AND ESSENTIALLY A MICRO BUSINESS IS A COMBINATION OF RETAIL PLUS, UM, PROCESSING OR SOMETHING OF THAT NATURE.
SO IT'S TWO OR MORE OF THE, UH, USES SPECIFIED IN STATE CODE IS WHAT A MICRO BUSINESS IS.
NEW LICENSES OR CONVERSION WILL COST A LOT AND, UM, AND I'LL ADMIT THAT THE STAFF HAD A LITTLE BIT OF FUN WITH THIS ONE.
WE'VE LEARNED THE ANSWER TO THIS THIS MORNING AS THE COUNTY ADMINISTRATOR CAME BACK FROM, UH, FROM SOME CONFERENCES LAST WEEK AND, UH, THE BEGINNING, BEGINNING PART OF THIS WEEK.
BUT DOES ANYBODY ON THE COMMISSION WANT TO GUESS HOW MUCH A NEW LICENSE OR A CONVERSION WILL COST? $25.
SO THE, SO THE BAR IS VERY HIGH TO START A, A, UH, RETAIL ESTABLISHMENT.
AND WE MENTIONED THAT JUST TO GIVE YOU AN INDICATION AS TO HOW HIGH THE BAR IS.
SO NOT ONLY DO YOU HAVE TO BE WELL FUNDED, YOU'VE GOT TO BE WELL CREDENTIALED AND THERE ARE OBVIOUSLY A LOT OF HOOPS THAT SOMEONE WILL HAVE TO, UH, GO THROUGH IN ORDER TO ESTABLISH A MEDICAL GROUP.
THAT'S A LICENSE JUST FOR RETAIL, NOT CULTIVATION, RIGHT? CULTIVATION IS 500,000.
FITS RIGHT IN WITH OUR COUNTY.
SO, UM, YOU KNOW, WHEN, WHEN FACTORING IN, UH, WHETHER OR NOT SOMEONE WOULD LOCATE HERE ON THE EASTERN SHORE, UH, ONE WOULD HAVE TO FACTOR IN, WILL THEY BE ABLE TO RECOUP THAT 10 MILLION DOLLAR LICENSE FEE RIGHT OFF THE BAT? YOU KNOW, UM, EASTERN SHORE, 45,000.
YOU'VE GOT MARYLAND TO THE NORTH THAT'S GOT DISPENSARIES.
YOU'VE GOT CANTON ROADS TO THE SOUTH, WHICH MIGHT MAKE A LITTLE BIT MORE SENSE FOR THAT.
BUT, UH, AGAIN, THE BAR IS VERY HIGH HERE.
AND WE ALL KNOW PORTSMOUTH ALREADY GETS ONE.
AGAIN, THE LOCAL AUTHORITY TO REGULATE MARIJUANA AND MARIJUANA PRODUCTS IS SIGNIFICANTLY LIMITED.
THE STATE CODE, UM, SPECIFIES, UH, UH, WHAT WE CAN AND CANNOT REGULATE.
SO ON THE LEFT, THINGS THAT WE CAN'T REGULATE OR PROHIBIT, CULTIVATION, PROCESSING, POSSESSION, SALE, DISTRIBUTION, HANDLING, TRANSPORTATION, CONSUMPTION, USE, ADVERTISING AND DISPENSING.
WHAT WE CAN REGULATE, UM, UH, ZONING, LAND USE, BUSINESS LICENSE REQUIREMENTS, AND I SHOULD ALSO ADD THEIR, UH, TAXATION.
ONE THING TO NOTE IS THAT WHILE WE MOVE FORWARD WITH, UH, REVIEWING, FILLING IN THE BLANKS, ULTIMATELY ADOPTING
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AN ORDINANCE, OUR ORDINANCE WILL NOT APPLY WITHIN ANY INCORPORATED TOWN LIMITS.SO THE TOWNS WILL HAVE TO, UH, UH, COME UP WITH THEIR OWN REGULATIONS.
GENERALLY, A LOCALITY MAY ALSO NOT, UH, MAY, MAY NOT, UH, BAN OR OPT OUT OF THE CANNABIS MARKETPLACE.
SO IF, UH, IF SOMEONE IS ELIGIBLE TO DO THAT HERE AND IF THEY ESSENTIALLY CHECK ALL THE BOXES, THEN, UH, THEY CAN'T OPERATE HERE.
UH, LOCALITIES CANNOT IMPOSE MORATORIUM ON CANNABIS BUSINESS OPERATIONS.
UH, WE CANNOT REGULATE ADVERTISING OF CANNABIS OR CANNABIS PRODUCTS.
SIGNAGE IS A DIFFERENT THING, BUT, UH, BUT, UH, ADVERTISING WE CANNOT REGULATE.
UH, POSSESSION LIMITS, PRODUCT TYPES, POTENCY OR PACKAGING, THAT'S ALL RESERVED FOR THE STATE TO REGULATE.
UH, WE CANNOT CAP THE NUMBER OF LICENSES WITHIN ITS BOUNDARIES, SO WE CAN'T SAY WE'RE ONLY GOING TO ALLOW ONE.
THAT, AGAIN, IS UP TO THE STATE TO ALLOW.
CLOSER TO WHAT THIS BODY WILL BE REVIEWING, THE VIRGINIA CANNABIS CONTROL AUTHORITY'S MINIMUM DISTANCE AND BUFFERING REQUIREMENTS.
SO IF THEY SET A THOUSAND FEET, FOR EXAMPLE, FOR, AS A BUFFER BETWEEN, UH, BETWEEN, UH, UH, UH, A RETAIL USE AND A PUBLIC USE, AND THAT'S A THOUSAND, WE CAN'T SAY WE HAVE TO BE 2,000 FEET AWAY.
WE CAN LOWER IT, BUT WE CANNOT INCREASE IT.
WE ALSO CANNOT IMPOSE ANY TAX ON RETAIL SALES OTHER THAN THE ONE TO THREE AND A HALF PERCENT LOCAL TAX.
THE, UM, THE, UH, UH, COUNTY ADMINISTRATOR IS ALREADY ON, ON, UH, ON RECORD AS SAYING THAT WE WILL PURSUE THE MAXIMUM THAT'S ALLOWED BY STATE CODE THREE AND A HALF PERCENT.
A LOCALITY MAY DESIGNATE ZONING DISTRICTS FOR SPECIFIC CANNABIS RELATED USES.
UH, WE CAN REQUIRE CONDITIONAL SPECIAL USE PERMITS, ALTHOUGH DOING SO MAY EXPOSE US TO POTENTIAL LEGAL RISK.
THE COUNTY ATTORNEY THEREFORE DOES NOT RECOMMEND THAT WE IMPOSE A SPECIAL USE OR CONDITIONAL USE PERMIT, UH, REQUIREMENT.
UH, ESTABLISHING SITE PLAN REQUIREMENTS, UH, AND ESTABLISHING SETBACKS AND BUFFERS THAT ARE LESS THAN THE MINIMUMS ESTABLISHED BY THE VIRGINIA CANNABIS CONTROL AUTHORITY.
A LOCALITY MAY ALSO, UH, ADOPT PROVISIONS THAT PROHIBIT, UH, PUBLIC CONSUMPTION, POSSESSION AND PUBLIC, PUBLIC PARKS, PLAYGROUNDS, SCHOOL GROUNDS, STREETS OR SIDEWALKS OR PLACES NEXT TO, UM, NEXT TO, UH, STREETS OR SIDEWALKS.
AND THOSE WILL BE, UM, UH, AND THEN WE CAN ALSO ADOPT ASSOCIATED PENALTIES AS A CLASS ONE MISDEMEANOR.
UH, WE CAN FIX THE HOURS DURING WHICH CANNABIS MAY, MAY BE SOLD, BUT THAT'S GOTTA BE REASONABLE.
SO WE CAN'T SAY YOU CAN ONLY SELL CANNABIS BETWEEN 2:00 AND 4:00 PM.
UH, AGAIN, WE CAN'T ESTABLISH A LOCAL TAX ON RETAIL SALES.
FROM A ZONING PERSPECTIVE, UH, THIS BODY IS WELL AWARE THAT, UH, WE ARE ABLE TO, UM, EXERCISE LAND USE AUTHORITY WITHIN OUR BOUNDARIES, UH, EXCEPT AS OTHERWISE PROVIDED IN THE, UH, STATUTE.
UH, AS WE HAD MENTIONED BEFORE, UM, THE PROHIBITION ON REGULATING OR BANNING THE CULTIVATION, UH, UH, PROHIBITS REGULATING OR BANNING THE CULTIVATION, PROCESSING, POSSESSION, SALE, DISTRIBUTION, HANDLING TRANSPORTATION, CONSUMPTION, USE AND ADVERTISING OR DISPENSING OF MARIJUANA PRODUCTS.
SO WE ARE NOT ALLOWED TO, UH, REGULATE OR BAN.
IN THE COUNTY ATTORNEY'S OPINION, THE EXTENT TO WHICH ZONING REGULATIONS ARE PERMITTED IS A LITTLE BIT UNCLEAR, BUT WE DO HAVE THE, UH, THE, THE TEMPLATE ORDINANCE THAT WE WILL BE MODELING OUR REGULATIONS OFF OF.
SO WHILE IT'S GENERALLY ACCEPTED THAT, UH, WE CAN LIMIT VARIOUS, UH, MARIJUANA USES TO CERTAIN ZONING DISTRICTS, UM, IT'S DEBATABLE WHETHER A LOCALITY MAY REQUIRE A CONDITIONAL USE PERMIT OR A SPECIAL USE PERMIT.
LOCALITIES CAN ADOPT REASONABLE SETBACKS.
IT'S UNCLEAR AS TO WHETHER OTHER BULK REGS SUCH AS MINIMUM LOT SIZE AND MINIMUM ROAD FRONTAGE CAN BE ADOPTED AND ENFORCED.
SO AGAIN, THE LOCALITIES MAY DECREASE THE BUFFERING MANDATES, BUT WE CAN'T, UM, WE CAN'T MAKE THEM STRICTER THAN WHAT THE STATE HAS SAID.
WE CAN POSSIBLY REGULATE MINIMUM AND MAXIMUM SQUARE FOOTAGE OF BUILDINGS AS LONG AS THE
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REGULATIONS DON'T CONFLICT WITH THE STATE LAW OR THE CONDITIONS OF THE STATE ISSUING LICENSE.THE COUNTY ATTORNEY'S ZONING RECOMMENDATIONS, THERE ARE FOUR OF THEM, LIMIT THE USE TO ONE OR MORE ZONING DISTRICTS SUBJECT TO STATE LICENSURE AND COMPLIANCE WITH STATE AND, UH, LOCAL LAWS.
UH, DO NOT REQUIRE A SPECIAL EXCEPTION SUCH AS A CONDITIONAL USE PERMIT OR SPECIAL USE PERMIT.
UM, ALLOW THE USES BY RIGHT IN DESIGNATED ZONING DISTRICTS, WHICH OF COURSE WE'LL TALK ABOUT, UM, WHICH DISTRICTS ARE APPROPRIATE, AND ADOPT REASONABLE REGULATIONS PERTAINING TO SETBACKS, MINIMUM LOT SIZE, FRONTAGE, LANDSCAPING AND ACCESS.
OH, THERE'S SOME ADDITIONAL ONES, PARDON ME.
UM, UH, INCORPORATE BUFFERING REQUIREMENTS SET OUT IN STATE CODE, UH, INCORPORATE STATE IMPOSED MINIMUM AND MAXIMUM SQUARE FOOTAGE REQUIREMENTS FOR BUILDING AND STRUCTURES, INCORPORATE THE SIGN LOCATION AND IMAGE RESTRICTIONS SET OUT IN STATE CODE, AND ADOPT REASONABLE ZONING BASED OPERATIONAL REQUIREMENTS FOR SANITATION, HEALTH, PEACE, AND GOOD ORDER.
AGAIN, AS WE COME BACK TO YOU WITH A PROPOSED ORDINANCE, WE'RE GOING TO START WITH WHAT WE CAN, WITH WHAT WE CAN RESTRICT TO THE FULLEST EXTENT AND THEN DISCUSS FROM THERE.
FINALLY, HERE ARE THE KEY DATES.
SO BACK IN, UH, 2021, THE GENERAL ASSEMBLY CREATED THE, UH, CANNABIS CONTROL, UH, ACT AND ESTABLISHED THE CANNABIS CONTROL AUTHORITY.
IN 2026, IT AMENDED THE CANNABIS CONTROL ACT, UM, DURING ITS 2026 REGULAR SESSION.
ON FEBRUARY 1ST, AT, AT THE STATE LEVEL, THERE IS A DEADLINE FOR THE VIRGINIA CANNABIS CONTROL AUTHORITY TO IMPLEMENT ADMINISTRATIVE REGULATIONS.
ALSO ON THAT DATE, THAT'S WHEN THE VCCA WILL BEGIN ACCEPTING LICENSE APPLICATIONS.
IN MAY, THE, UH, CANNABIS CONTROL AUTHORITY WILL BEGIN ISSUING LICENSES AND IN, UM, IN THE, UH, AT THE BEGINNING OF THE NEXT FISCAL YEAR ON JULY 1ST, UH, THE, THE, UH, RETAIL SALES WILL COMMENCE AND THAT'S WHEN OUR ORDINANCE HAS TO BE EFFECTIVE BY.
SO ON THE BOTTOM HERE IS THE LOCAL TIMELINE.
OF COURSE, TONIGHT, YOU'RE RECEIVING A BRIEFING BASED OFF OF THE BOARD OF SUPERVISORS' DIRECTION GIVEN LAST MONTH.
THEY'VE PASSED AN INITIA - AN AMENDMENT INITIATING RESOLUTION, AND THAT'S WHAT THIS, UH, BRIEFING IS ABOUT.
SO, UM, 11 / 12 / 26 IS WHERE WE ARE AND IT'S NOT ON HERE, BUT, UH, NEXT MONTH WE'LL BE, WE'LL BE GIVING YOU MORE SPECIFIC, UH, LANGUAGE AND, UM, THE STAFF WILL BE REQUESTING AUTHORIZATION TO, UH, TO, UH, ADVERTISE FOR A PUBLIC HEARING.
JANUARY 13TH OF 27, THE PLANNING COMMISSION, UH, CAN HOLD A PUBLIC HEARING AND MAKE RECOMMENDATIONS TO THE BOARD OF SUPERVISORS, AND THEN ON THE, UH, 17TH OF FEBRUARY, THE BOARD OF SUPERVISORS COULD RECEIVE YOUR RECOMMENDATION, HOLD A PUBLIC HEARING, AND THEN DECIDE ON THE MATTER.
SO THAT CONCLUDES MY PRESENTATION, AND I CAN TRY TO FIELD ANY QUESTIONS YOU HAVE AT THIS TIME.
DID YOU GET A FEEL THAT THE LICENSE HOLDER CAN HAVE, UH, THE SATELLITE SITES AND, OR WOULD IT BE, UH, CONSTRAINED TO JUST ONE LOCATION? I IMAGINE THAT WOULD BE CONSTRAINED TO JUST ONE LOCATION.
I HAVE NOT HEARD ANYTHING THAT WOULD, UH, PERMIT SATELLITE SITES UNDER A SINGLE LICENSE.
DON'T WE ALREADY HAVE SIGNAGE RULES? YES.
SO MOVING ON TO, UM, TO ITEM B, THIS IS AN ORDINANCE AMENDMENT BRIEFING ON REMOVING BATTERY ENERGY STORAGE SYSTEMS FROM THE INDUSTRIAL ZONING DISTRICT.
AND THIS HOPEFULLY SHOULD BE A, A, A REALLY SHORT ONE.
THE BOTTOM LINE UP FRONT HERE IS THAT IF AN AMENDMENT PASSES, THEN THIS WILL NEGATE THE POSSIBILITY OF A STANDALONE BATTERY ENERGY STORAGE SYSTEM BY CONDITIONAL USE PERMIT ON PROPERTY ZONED INDUSTRIAL.
WE HAVE TWO IN THE COUNTY RIGHT NOW, ONE IN TASLEY AND ONE IN WATTSVILLE.
THOSE, UM, UH, WELL, THE ONE IN, IN THE WATTSVILLE IN PARTICULAR IS, UH, THEY GOT A, UH, A, UH, REZONING TO INDUSTRIAL AND, UM, AND CONCURRENTLY, UH, GOT A CONDITIONAL USE PERMIT.
SO, UH, REMOVING, UH, REMOVING THE LANGUAGE THAT ALLOWS
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THAT, UM, IS, IS WHAT THE BOARD OF SUPERVISORS WOULD LIKE TO SEE.STANDALONE BUSES ARE CURRENTLY, UH, ALLOWED BY CONDITIONAL USE PERMIT ON PROPERTIES OWNED INDUSTRIAL.
UH, AS I JUST MENTIONED, THAT ORDINANCE WAS PASSED ON MARCH 18TH OF 2026.
WHAT THE BOARD HAS PROPOSED IS TO ESSENTIALLY ROLL BACK THAT ORDINANCE.
LAST MONTH, YOU ALL HELD A PUBLIC HEARING IN OCTOBER ON AN AMENDMENT, UM, TO ALLOW BUSES BY RIGHT ON EXISTING SOLAR FIELDS THAT HAVE AN APPROVED CONDITIONAL USE PERMIT.
SO, UM, STATE CODE MANDATED THAT ESSENTIALLY, AND THE CONDITIONS THAT HAVE TO EXIST IN ORDER FOR, UH, FOR A BUS TO, UH, UH, TO BE, UH, LOCATED HERE IN ACCOMACK IS THAT IT'S GOTTA HAVE A SOLAR FIELD AND IT HAS TO HAVE, AND THE SOLAR FIELD HAS TO HAVE AN APPROVED CONDITIONAL USE PERMIT.
THE BEST FOR THE BATTERY ENERGY STORAGE SYSTEM WOULD BE A, AN ACCESSORY USE TO THAT SOLAR FIELD, AND THERE WOULD BE NO PUBLIC HEARINGS THAT ARE REQUIRED FOR THAT.
IT WOULD BE BY RIGHT, ADMINISTRATIVE, IF THEY CHECK ALL THE BOXES, THEN THEY CAN HAVE A BATTERY ENERGY STORAGE SYSTEM THERE.
AGAIN, I JUST WANT TO REITERATE THAT THE PROPOSAL, UH, WOULD, UM, WOULD ONLY ALLOW THESE BUSES, UH, AS AN ACCESSORY USE BY RIGHT ON A SOLAR FIELD WITH AN APPROVED CEP.
WITH THAT BEING SAID, WE REQUEST AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING ON DECEMBER 9TH.
UM, THIS IS JUST FOR, UH, REFERENCE ONLY.
UH, YOU SAW THIS SLIDE LAST MONTH THAT ESSENTIALLY LAYS OUT THE CHRONOLOGY FOR, UH, BATTERY ENERGY STORAGE AMENDMENTS.
AND THAT CONCLUDES MY PRESENTATION, AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
DO YOU NEED A MOTION? YES, SIR.
YEAH, WE VOTE THE, UH, FLOOR IS OPEN FOR A MOTION TO, UH, APPROVE PUBLIC HEARING ON DECEMBER 9TH.
DO I HAVE THE MOTION? MAKE A MOTION WE HAVE A PUBLIC HEARING ON DECEMBER 9TH FOR THE BEST ORDINANCE.
WE HAVE A MOTION TO, UH, SCHEDULE A PUBLIC HEARING ON DECEMBER 9TH.
MOTION PROPERLY MOVED AND SECOND TO SCHEDULE A PUBLIC HEARING ON DECEMBER 9TH.
THIS NEXT ITEM WILL BE PRESENTED BY COUNTY PLANNER SHAUNTI RIDLEY.
SHAUNTISE RIDLEY, COUNTY PLANNER.
OKAY, SO, UH, THIS IS THE ORDINANCE AMENDMENT BRIEFING FOR REVISIONS TO THE DZA CIRCUIT COURT APPEALS PROCEDURE.
OKAY, SO THIS ITEM REMOVES A PROPOSED AMENDMENT...
I'M SORRY, THIS IS A PROPOSED AMENDMENT TO SECTION, UH, 106257 OF THE COUNTY CODE.
UM, THIS ADDRESSES THE PROCEDURES FOR APPEALING A DECISION TO THE BOARD OF ZONING APPEALS TO THE CIRCUIT COURT.
UH, DURING THE 2026 GENERAL ASSEMBLY SESSION, HOUSE BILL 198 WAS ADOPTED, WHICH CHANGED THE STATE PROCEDURE FOR THESE APPEALS.
UM, AS A RESULT, THE CURRENT LANGUAGE CURRENTLY IN OUR ZONING...
AS A RESULT, THE LANGUAGE IN OUR CURRENT ZONING ORDINANCE IS NO LONGER CONSISTENT WITH THE STATE LAW, UM, SO AN AMENDMENT IS NECESSARY TO BRING THE COUNTY CODE INTO PERFORMANCE.
UM, THIS PROPOSED CHANGE, UH, RATHER THAN CONTINUE TO OUTLINE THE SPECIFIC, UM, ANNUAL PROCEDURES, I MEAN, APPEAL PROCEDURES IN OUR, UH, LOCAL ORDINANCE, THE PROPOSED AMENDMENT WILL REMOVE THE LANGUAGE THAT IS THERE AND SIMPLY JUST REFER TO, UH, THE APPLICABLE SECTION OF VIRGINIA SECTION, VIRGINIA, UH, STATE CODE SECTION 15.2 - 23-14.
UM, LET'S SEE SOME MORE BACKGROUND INFORMATION HERE.
UH, THIS IS A HOUSEKEEPING MATTER.
UM, IT'S, IT'S A LOCALITY'S OPTION TO REPEAT IT IN THE ZONING ORDINANCE AS LONG AS IT DOES NOT CONFLICT WITH THE STATE CODE.
UM, THE LOCAL AMENDMENT IS NEEDED IF THE LEGISLATURE CHANGED, UH, THIS PROCESS IN THE FUTURE, SO IT'LL KEEP US FROM HAVING TO COME BACK AND DO WHAT WE ARE DOING RIGHT NOW AGAIN.
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ADVERTISE FOR A PUBLIC HEARING FOR THE DECEMBER 9TH MEETING.ANY QUESTIONS? DO YOU AGREE FOR A MOTION? UH, I MAKE A MOTION THAT WE HAVE THE, UH, BZA CIRCUIT COURT APPEALS PROCEDURE PUBLIC HEARING ON DECEMBER THE 9TH.
WE HAVE A MOTION ON THE FLOOR TO APPROVE THE, UH, ADVERTISING FOR A PUBLIC HEARING ON DECEMBER 9TH FOR THE, UH, APPEALS PROCEDURE.
IT'S BEEN PROPERLY MOVED AND SECOND.
ITEM D IN THE LAST OF THE BRIEFINGS IS A, UH, IS, UH, A REZONING, REZ0001742026.
AND THIS IS, UH, AN APPLICATION FROM PATRIOT STEEL TO REZONE PROPERTY FROM AGRICULTURAL TO INDUSTRIAL.
THE APPLICANT IS PATRIOT STEEL FABRICATION INCORPORATED WITH THE, UM, UH, UH, REPRESENTATIVE NA- NATHAN UNCAPER.
THE PROPERTY OWNERS ARE, UH, COUSINS INC.
JAMIE WEISINGER, AND THE LOCATION IS TAX PARCEL 551A AND A1 AT 12201 LANGFORD HIGHWAY.
THIS IS A MAGISTRATE OF DISTRICT TWO.
UM, SUPERVISOR, UH, DEGEORGES AND PC CHAIRWOMAN ANGELA WINKFIELD ARE THE, UH, OFFICIALS THERE.
THE SITE ACREAGE IS APPROXIMATELY 23 ACRES, UH, 26 ACRES, NOT 23.
THE FUTURE LAND USE RECOMMENDATION IS AG, THOUGH THE RE - THOUGH THE REQUEST IS TO REZONE THAT 26 ACRES FROM AG TO INDUSTRIAL WITHOUT PROFFERS, THEY DID NOT SUBMIT PROPERS.
UH, OVERLAYS SAY NONE, UM, ALTHOUGH IT IS IN THE ENTERPRISE ZONE, THAT'S NOT, THAT'S TECHNICALLY NOT A ZONING ORDINANCE OVERLAY, BUT IT IS IN THE ENTERPRISE ZONE.
UH, AND ALL OF THE ADJACENT ZONING IS AGRICULTURE.
THE ADJACENT USES ARE SINGLE FAMILY RESIDENTIAL.
THERE'S A RETAIL STORE ACROSS THE STREET.
THERE'S A FLEA MARKET IMMEDIATELY TO THE NORTH, AND THE REST OF IT IS ALL VACANT AGRICULTURAL.
JUST A FEW, UH, MAPS TO SHOW YOU HERE.
THIS IS AN AERIAL AND A VICINITY MAP, SO, UM, UH, THIS IS A BUILDING THAT I'M SURE EVERYBODY ON THE COMMISSION IS, UH, WELL AWARE OF.
IT'S THE, IT'S THE LONG, IT'S THE LONG BUILDING IN, UM, IN, UH, UH, MAPSVILLE JUST SOUTH OF THE FLEA MARKET.
WELL, IT'S NOT ADVANCING ON THE COMPUTER.
UM, WHILE SHE'S DOING THAT, I CAN READ FROM THE STAFF REPORT AND TRY TO KEEP US ON TRACK.
BUT, UM, SO I JUST PROVIDED YOU ALL OF THE, UH, UH, THE VITAL STATS, VITAL STATS AS I LIKE TO SAY.
THE BACKGROUND, UM, THE APPLICANT REQUESTS A REZONING OF APPROXIMATELY 26 ACRES FROM AG TO INDUSTRIAL SO THAT THE SITE CAN BE USED IN ACCORDANCE WITH SECTION 1061281, AND THAT IS FOR METAL FABRICATION ON A SITE GREATER THAN 10 ACRES IN AREA.
SO LET'S GO TO THE NEXT SLIDE HERE.
UH, NEXT SLIDE, THE FUTURE LAND USE MAP ALSO RECOMMENDS AGRICULTURE AND THE BACKGROUND.
SO AGAIN, REZONING FROM AG TO INDUSTRIAL, NO PROFFER SUBMITTED.
UH, A, A CONDITIONAL USE PERMIT IS NEEDED FOR METAL FABRICATION ON A SITE THAT EXCEEDS 10 ACRES IN AREA.
IT'S THE 10 ACRES IN AREA THAT IS REALLY TRIGGERING THIS.
UM, METAL FABRICATION IS, UH, IS A CUSTOMARY INDUSTRIAL USE, BUT BECAUSE OUR ZONING ORDINANCE SPECIFIES 10 ACRES, UH, REQUIRING A CONDITIONAL USE PERMIT, THAT'S WHY WE'RE, UH, THAT'S WHY THIS IS PART OF THE CASE.
UH, OF COURSE, THEY NEED INDUSTRIAL ZONING
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TO APPLY FOR THE CONDITIONAL USE PERMIT.SO THOSE, UH, APPLICATIONS WILL RUN CONCURRENTLY.
UM, PATRIOT STEEL CURRENTLY OPERATES OUT OF CHURCH CREEK, MARYLAND, WHICH IS JUST EAST OF CAMBRIDGE.
SO, UH, THEY HAVE INDICATED THAT THEIR SITE IS, UM, IS PRETTY MUCH MAXED OUT THERE AND THEY WOULD LIKE TO, UH, THEY WOULD LIKE TO OPERATE OUT OF THIS BUILDING.
THERE'S ONE ADMINISTRATIVE ACTION CURRENTLY BEING TAKEN ON THE PROPERTY, AND THAT'S A LOT LINE ADJUSTMENT PLAT.
AND THERE'S THE CASE NUMBER, UH, UH, PLAT, UH, 0000132026.
AGAIN, IT'S AN ADMINISTRATIVE REVIEW TO, UH, TO, UH, REVISE SOME OF THE INTERNAL LOT LINES, AND WE EXPECT THAT TO CONCLUDE BEFORE A PUBLIC HEARING IS AUTHORIZED.
AND FROM WHAT I'M BEING TOLD BY THE CODE ADMINISTRATION STAFF IS THAT THAT ACTION IS, IS PEN - OR NOT PENDING, BUT IS IMMINENT.
UH, THEY HAVE GOTTEN TO THE POINT WHERE THERE ARE NOT MANY COMMENTS LEFT AND THEY WILL BE ABLE TO SUBMIT A PLAT THAT WE CAN SIGN OFF ON AND APPROVE.
UH, THIS IS AN ADMINISTRATIVE ACTION, SO THE LOT LINE ADJUSTMENT PLAT IS ADMINISTRATIVE ONLY.
THE PLANNING COMMISSION ACTION IS GONNA BE REQUIRED FOR THAT.
BUT WHAT THIS PLAT WILL DO IS, UH, IS SHOW YOU THE ULTIMATE BOUNDARIES OF THE PROPERTY.
AND WE'VE ALREADY GONE OVER A LOT OF THIS, SO I WON'T REPEAT IT.
BUT THE EXISTING CONDITIONS, UH, THERE ARE SEVERAL STRUCTURES ON SITE.
THERE IS A, UH, UH, SO THE, THE PRIMARY BUILDING IS THE, UH, IS A LONG, NARROW BUILDING THAT WAS FORMALLY USED FOR PRODUCE GRADING.
THERE ARE SIX STRUCTURES BEHIND THAT THAT WAS USED FORMALLY FOR TEMPORARY WORKER HOUSING.
AND THERE'S ALSO AN OFFICE BUILDING APPROXIMATELY 5,800 SQUARE FEET IN AREA.
AND I BELIEVE THERE'S A SCALE OUT THERE AS WELL, BUT, UH, THESE ARE THE EXISTING CONDITIONS AND, UM, JUST PENDING INTO THE EXHIBITS REAL QUICK.
UH, THIS IS THE PLAT THAT'S CURRENTLY UNDER REVIEW.
SO WHAT THEY WANNA DO IS, UM, AND IT'S NOT EASILY HIGHLIGHTED, BUT, UH, THEY WANNA CREATE A PANHANDLE LOT TO SEPARATE THE SIX STRUCTURES IN THE BACK FROM THE REST OF THE PROPERTY.
THE 5,800 SQUARE FOOT BUILDING WILL THEN BE COMBINED WITH, UM, UH, WITH THE REST OF THE PROPERTY TO COMPRISE THAT 26 ACRE SITE.
SO THERE WILL BE, UM, THERE ARE CURRENTLY TWO PROPERTIES ON, UH, WITHIN THE LARGER BOUNDARIES.
THERE WILL CONTINUE TO BE TWO PROPERTIES.
THEY'RE JUST GOING TO BE RECONFIGURED.
UH, THIS IS, UH, A, A REALLY BASIC SITE PLAN THAT WE HAVE ASKED THEM TO REDRAW.
UH, THEY WANTED TO USE ALL OF THIS FOR STAGING AND THEN, UH, AND THEN THIS PURPLE AREA WOULD BE USED FOR, UH, FOR PARKING.
UM, UH, BUT WE HAVE ASKED FOR A LOT MORE DETAIL THAN WHAT THEY INITIALLY SHOWED US.
SO, UH, WE'LL GIVE, WE'LL GIVE THAT TO YOU ONCE WE'VE BEEN PROVIDED THAT.
AND, UM, THAT CONCLUDES THE BRIEFING AND I CAN TRY TO ANSWER ANY QUESTIONS AT THIS TIME.
SO THE 26 ACRES DOES NOT INCLUDE THE LABOR HOUSING? NO, SIR.
IT EXCLUDES THE LABOR HOUSING.
WHEN IT WAS A PACK AND SHED, IT WAS SEASONALITY ON THE TRUCKS AND TRAFFIC COMING IN THERE.
ARE THEY GONNA HAVE TO HAVE A TRAFFIC STUDY? THIS WILL BE FORWARDED TO VDOT FOR THEIR REVIEW.
I ASSUME THIS WOULD BE YEAR ROUND? YES.
SO THEY'VE GOT MORE HURDLES TO GO THROUGH ONCE WE REZONE IT? THAT'S CORRECT.
THEY WOULD STILL HAVE TO SUBMIT, UM, UH, A FULL SITE PLAN FOR ANY ENTRANCES THAT ARE REQUIRED.
UM, THERE ARE NOT GOING TO BE ANY ADDITIONAL UTILITIES REQUIRED BEYOND JUST THE STANDARD, YOU KNOW - I'M JUST THINKING, ARE WE ALLOWED TO REQUIRE TURNOFFS ON THAT THORNTON ROAD OR, YOU KNOW, THE SOUTHBOUND LANE? THERE'S A TURNOFF, I THINK, COMING OFF THE SOUTHBOUND LANE.
WHAT DO WE GOT ON THE NORTHBOUND LANE? IS THAT ANYTHING THAT WE HAVE ANYTHING TO SAY ABOUT OR IS THAT OUTSIDE OF OUR PURVIEW? I'D WAIT FOR VDOT'S COMMENTS ON THAT, BUT, UM, BUT THEY, THEY INDICATED THAT, UM, THAT, UH, UH, TRUCK TRAFFIC, LARGE TRUCK TRAFFIC ISN'T EXPECTED TO INCREASE.
THEY MAY GET A LONGER 53, 56 FOOT TRACTOR TRAILER OCCASIONALLY, BUT THAT WOULDN'T BE THE NORM.
UM, UH, THEY DO MENTION THAT AT, UM, AT FULL BUILD OUT, THEY WOULD LIKE TO HAVE 50 EMPLOYEES HERE, SO THEY WOULD HAVE TO ACCOUNT FOR THE NUMBER OF EMPLOYEES ON MAXIMUM SHIFTS FOR PARKING.
BUT, UM, BUT, UH, IN, IN TERMS OF ADDITIONAL TURN LANES, UH, I DON'T KNOW IF YOU'RE TALKING ABOUT A CENTER TURN LANE ON ROUTE 13 OR IF YOU'RE TALKING ABOUT, UH,
[00:35:01]
UH, A MERGE LANE ON ROUTE 13 HEADING NORTH.I WOULD, UH, I WOULD VERY MUCH LIKE TO GET VDOT'S COMMENTS ON THAT.
IN THE STAGING AREA, UM, WITH RESIDENTIAL THINGS NEARBY, ARE WE GOING TO, OR ARE WE ALLOWED TO TALK TO THEM ABOUT WHETHER THAT'S GOING TO BE DIRT AND DUSTY OR PAVED AND CLEANER OR HOW ARE THEY GOING TO MITIGATE ANY KIND OF IMPACT TO THE RESIDENTIAL AREA AROUND THEM? YOU ARE ALLOWED TO ADDRESS THAT AND ASK THOSE QUESTIONS.
DID HE GIVE YOU ANY INDICATION OF WHAT SKILL LEVEL THEY, UH, LABOR THEY WOULD BE LOOKING FOR IN THOSE 50? I ASKED THEM IF THEY HAD ANY SPECIAL WORKFORCE REQUIREMENT NEEDS.
UH, THE, AND IT'S A TYPICAL RESPONSE.
ANYTHING THAT THE LOCAL, UH, THAT THE, THAT THE LOCAL EDUCATIONAL SYSTEM CAN PROVIDE, UH, THE EASTERN SHORE COMMUNITY COLLEGE HAS, UM, YOU KNOW, HAS, UH, UH, UH, PROGRAMS FOR METAL FABRICATION AND WELDING, I BELIEVE.
UM, BUT, UH, THEY DIDN'T SAY WHAT THEIR MOST ADVANCED PIECE OF EQUIPMENT THEY WOULD BE USING HERE.
UH, THEY DID INDICATE THAT PLASMA CUTTERS AND, UH, AND, UH, UM, THE PLASMA MACHINES WOULD BE PART OF THE, UM, WOULD BE PART OF THE, UH, UH, UH, EQUIPMENT OUTFIT HERE.
DID THEY MENTION THAT THEY WOULD BE UTILIZING THE HOUSING THIS THERE? THE HOUSING WILL BE SEPARATE FROM THIS AND NOT INCLUDED IN THEIR, UH, TRANSACTION.
RIGHT, BUT NO PROPOSAL OR ANYTHING IN REFERENCE TO THE USAGE OF THAT? NOT FROM THIS APPLICANT.
HOW, HOW ABOUT, UH, WHAT DOES THE CONDITIONAL USE, I MEAN, NOT CONDITION, WHAT DOES OUR COMPREHENSIVE PLAN SAY ABOUT SPOT ZONING? THE COMPREHENSIVE PLAN, UH, DOESN'T, UH, TO MY KNOWLEDGE, SPECIFICALLY CALL OUT SPOT ZONING.
UM, WHAT I WILL MENTION IS THAT THERE ARE, THAT, UH, UM, TYSON IS JUST UP THE ROAD HERE.
UH, THIS, THIS FACILITY HAS NOT BEEN USED FOR A WHILE.
WE'VE RECEIVED OTHER INQUIRIES OF AN INDUSTRIAL NATURE, BUT THIS ONE HAS, UH, HAS ADVANCED THE FURTHEST.
UM, THE FUTURE LAND USE MAP IS A RECOMMENDATION, UM, AND UNTIL WE HAVE MORE INFORMATION, THE STAFF ISN'T MAKING, UH, UH, UH, YOU KNOW, A DECISION OR RENDERING AN OPINION ONE WAY OR THE OTHER IN TERMS OF WHAT THE APPROPRIATENESS OF THIS LAND USE IS HERE.
SPOT ZONING IN GENERAL, UH, YOU KNOW, UH, I THINK THAT, THAT FOLKS SAY THAT IF THERE'S AN APPLICATION FOR, UH, FOR ONE ZONING DISTRICT THAT, UH, YOU KNOW, A CHANGE FROM ONE ZONING DISTRICT TO ANOTHER AND THE, AND THE ORIGINAL ZONING DISTRICT IS THE SAME AS THE OTHER ONES, UM, YOU KNOW, I THINK THAT WE, THAT WE DEFINITELY CONSIDER THE USE AND THE LOCATION HERE ALONG ROUTE 13, BUT AGAIN, WE'RE NOT GOING TO, UH, WE'RE NOT GONNA RENDER AN OPINION UNTIL WE HAVE ALL THE FACTS.
WHEN DO, WHEN DO THEY NOTIFY THE NEIGHBORS? AFTER YOU'VE AUTHORIZED PUBLIC, UH, AUTHORIZED US TO ADVERTISE.
SO - WE USUALLY NOTIFY THE NEIGHBORS AT THE SAME TIME THAT WE, THAT WE PRINT THE, UH, PUB - THAT WE PRINT THE, UH, NOTICE IN THE NEWSPAPER.
SO YOU'RE ASKING FOR A PUBLIC HEARING ON D- DECEMBER 9TH AS WELL? NO, SIR.
SO WE'RE GONNA GET INTO THIS MORE IN DECEMBER.
ANY OTHER QUESTIONS? NO, YOU'RE GOOD.
WE'RE GONNA MOVE INTO PUBLIC HEARING.
UH, ARE YOU GONNA INTRODUCE THE, UH? I CAN INTRODUCE THE CASE.
UM, I WOULD JUST MENTION THAT, UH, THAT THE PUBLIC HEARING COMMENTS ARE SUBJECT TO THE, THE, THE PLANNING COMMISSION'S BYLAWS, AND YOU'VE GOT A COPY THERE.
UH, YOU KNOW, WE CAN CERTAINLY READ THOSE INTO THE RECORD IF YOU WANT, BUT, UH, WE CAN CONTINUE ON IF, UH - WE SHOULD SUMMARIZE THE MAIN POINTS OF, OF THE TIME LIMITS, UH, IF YOU'LL DO THAT.
SO IN, IN TERMS OF TIME LIMITS, UH, THE APP - O- ONCE THE STAFF IS CONCLUDED, HAS CONCLUDED ITS REPORT, THEN THE APPLICANT HAS 10 MINUTES TO, UH, TO MAKE A PRESENTATION.
THE PLANNING COMMISSION CAN EXTEND THAT, UH, IF IT SO WISHES.
AFTER THE APPLICANT IS DONE, THEN, UH, THEN THE PUBLIC HEARING IS OPENED AND THEN, UH, YOU CAN ASK FOR THOSE IN FAVOR AND THOSE IN OPPOSITION OF THE, UH, OF THE PROPOSAL.
AND EACH OF THOSE SPEAKERS GETS FOUR MINUTES.
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OF FOLKS THAT, UH, THAT ESSENTIALLY HAVE THE SAME OPINION, THEN THEY CAN ELECT TO SEND ONE PERSON TO, UH, TO, UH, AS YOU SAY, SUMMARIZE THE GROUP'S INTENT THERE AS OPPOSED TO HAVING EVERYBODY SAY THE SAME THING OVER AND OVER AGAIN.BUT, UH, FOUR MINUTES IS WHAT IS ALLOWED, AND, UH, COUNTY PLANNER CHANTIES REALLY WILL HAVE THE COUNTDOWN CLOCK ON THE SCREEN HERE TO MAKE SURE THAT WE, UH, THAT WE STICK TO THAT.
UH, UH, AT AROUND THREE MINUTES AND 45 SECONDS, SHE WILL INDICATE THAT, UH, THAT, UH, THERE'S 15 SECONDS LEFT AND, AND REQUEST THAT THE SPEAKER SUMMARIZE AND CONCLUDE THEIR REMARKS, AND THEN WE CAN MOVE ON FROM THERE.
ARE THERE ANY OTHER QUESTIONS? OKAY.
WITH THAT, YOU'LL INTRODUCE THE, UH, DUNCAN MANOR.
SO, UH, THESE ARE TWO PUBLIC HEARINGS FOR A REZONING AND A CONDITIONAL USE PERMIT.
I'M GONNA GIVE ONE STAFF REPORT THOUGH.
AT THE END, YOU WILL HAVE, YOU'LL MAKE TWO SEPARATE MOTIONS FOR EACH CASE, BUT THE INFORMATION IS ESSENTIALLY THE SAME FOR BOTH.
THE CONDITIONAL USE PERMIT, UM, I WILL HAVE, UH, SEPARATE EXHIBITS FOR THE, UM, FOR THE, UH, RECOMMENDED CONDITIONS AND FOR THE REQUESTED WAIVERS.
UM, REZONING AND CONDITIONAL USE PUBLIC HEARINGS FOR DUNCAN MANOR MIXED USE DEVELOPMENT.
THESE ARE CASES REZ0001882025 AND CUSE, UM, 000542026.
AGAIN, MY NAME IS LEE PAM AND I'M THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
THE APPLICANT IS THE ATLANTIC GROUP AND ASSOCIATES INCORPORATED WITH MR. CHRIS CARBAUGH AS THE REPRESENTATIVE, AND HE IS HERE TONIGHT TO, UH, TO REPRESENT THE, UH, THE PROPOSAL.
THE PROPERTY OWNER IS THE OCHOWSKI GROUP INCORPORATED, AND THEY OWN ALL 35 TAX PARCELS.
UH, WE WILL NOT LIST ALL 35 TAX PARCELS.
THEY ARE LISTED IN YOUR STAFF REPORT AND THEY WERE ALSO LISTED IN THE, UM, UH, IN THE ADVERTISEMENT.
SO EXHIBIT A WITH THE LOT AREA TABLE, THAT IS FOUND IN YOUR STAFF REPORT.
THIS IS IN, UH, MAGISTRATE DISTRICT SEVEN, SUPERVISOR JACKIE PHILLIPS AND COMMISSIONER LYNN GALE.
THE SITE AREA ACREAGE IS 55.45, SO ABOUT 55 AND A HALF ACRES.
THE ZONING IS CURRENTLY BUSINESS AND AGRICULTURAL AND THE FUTURE LAND USE RECOMMENDATION IS VILLAGE DEVELOPMENT AREA.
THE REQUEST, AGAIN, IS TO REZONE 55, UH, 55 AND A HALF ACRES FROM BUSINESS AND AG TO VILLAGE DEVELOPMENT.
THE OTHER PART OF THE REQUEST IS FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENTS OF MORE THAN 50 UNITS WITH NINE WAIVERS.
UH, RPA IS PART OF THE, UH, SITE, AND I'LL JUST GO AHEAD AND SAY THAT, UH, THE RPA HAS BEEN AVOIDED BY THE DEVELOPMENT PROPOSAL.
THE ADJACENT ZONING IS AGRICULTURAL BUSINESS AND, UM, VILLAGE DEVELOPMENT DISTRICT IS WHAT THAT SHOULD SAY.
ADJACENT USES ARE THE SINGLE FAMILY RESIDENTIAL.
UM, THERE'S ALSO SOME, UH, UH, VACANT INDUSTRIAL, I'M SORRY, VACANT AGRICULTURAL AND PROPOSED VILLAGE DEVELOPMENT, SO THAT'S THE COASTAL SQUARE RESIDENCES DEVELOPMENT.
SO CURRENTLY, IT IS VACANT AGRICULTURAL, BUT AT SOME POINT IT WILL BE THAT, UH, THAT, UH, UM, VILLAGE DEVELOPMENT, UH, HIGHER DENSITY MIXED USE.
THERE'S MEDICAL OFFICES, A MEDICAL OFFICE AND SOME PERSONAL SERVICES ALSO, UH, UH, ADJACENT.
SO YOU'VE GOT AN EAST, UH, UH, A WEST PART AND AN EAST PART.
THIS IS FAIRGROUNDS ROAD HERE.
AND THEN, UH, AND THEN YOU'VE GOT MARKET STREET HEADING ON INTO MAIN STREET IN THE TOWN OF ONLY, AND THIS IS THE HOSPITAL.
COASTAL SQUARE AND RESIDENCES IS TO THE NORTH, AND THIS IS THE GROVE AT, UM, AT THE, UH, ONLY TOWN CENTER, WHICH IS JOHN CUSTAS'S, UM, UH, JOHN CUSTAS' UNITS THAT HE'S DEVELOPING BEHIND THE, UH, FORMER SHORE BANK HEADQUARTERS.
SO YOU CAN SEE HATCHED IN, UH, IN BROWN IS, UH, THE VILLAGE DEVELOPMENT DISTRICT FOR COASTAL SQUARE.
THE SALMON COLOR IS ZONED BUSINESS AND THE WHITE IS, UH, IS AGRICULTURAL.
THE GRAY AREAS ARE WITHIN THE INCORPORATED TOWN LIMITS OF, UH, MONANCOCK TO THE WEST AND ONLY TO THE EAST, AND THEY HAVE THEIR OWN ZONING, SO THOSE ZONING DISTRICTS ARE NOT DEPICTED ON THIS MAP.
THIS IS THE FUTURE LAND USE RECOMMENDATION, AND AS YOU CAN SEE, THE ENTIRETY OF THE AREA IS, UM, VILLAGE DEVELOPMENT AREA AND VILLAGE DEVELOPMENT AREA B, WITH VILLAGE
[00:45:01]
DEVELOPMENT AREA BEING THE DARKER OF THE TWO, UM, UH, TAN OR, OR, UH, ORANGE COLORS.AND THEN YOU ALSO HAVE, UM, UH, A COMMERCIAL IMMEDIATELY TO THE EAST.
AGAIN, THE GRAY REPRESENTS THE TWO TOWNS WITH THEIR OWN, UM, UH, COMPREHENSIVE PLANS AND, UH, FUTURE LAND USE MAPS.
THIS IS A SOILS MAP, AND, UM, AND, UH, UH, WE'LL JUST GO AHEAD AND GET INTO SOME OF THE, UH, UH, SOME OF THE ITEMS HERE.
THE APPLICANT HAS REQUESTED A REZONING, BUT THERE WERE NO PROFFERS SUBMITTED AND NONE ARE REQUIRED.
UH, AS WE ALL KNOW, PROFFERS ARE VOLUNTARY.
IN ORDER TO DO THE DENSITY THAT HE WANTS IN THE LOT SIZES, HE NEEDS VILLAGE DEVELOPMENT DISTRICT, UH, ZONING, AND THAT'S REQUIRED.
UH, A CONDITIONAL USE PERMIT ALSO FOR THE HIGHER DENSITY, AND, UM, NINE WAIVERS ARE REQUESTED WHEN YOU BREAK DOWN THE, UM, I BELIEVE IT WAS THE SIX OR SEVEN IN HIS LETTER, UH, THERE WERE ACTUALLY NINE SPECIFIC CODE SECTIONS THAT ARE, UH, THAT ARE, UH, UH, COVERED THERE.
UH, LOOKING BEYOND THE LAND USE ENTITLEMENTS OF THE REZONING AND THE CONDITIONAL USE PERMIT, A PRELIMINARY PLAT IS REQUIRED.
SO, UH, IF THIS SHOULD ADVANCE TO, OR WHEN THIS ADVANCES TO THE BOARD OF SUPERVISORS, AND IF THEY GRANT THE REZONING AND CONDITIONAL USE PERMIT, THE APPLICANT WILL HAVE TO COME BACK BEFORE THIS BODY TO, UM, TO, UH, SHOW THE PRELIMINARY SUBDIVISION PLAN.
ONE QUESTION THAT WAS ASKED OF, UH, BY THIS COMMISSION IN PREVIOUS MONTHS IS THAT IF THERE ARE ANY CHANGES, THEN WILL IT HAVE TO COME BACK TO THE, UH, TO THE, UH, PLANNING COMMISSION AND BOARD AND THE ANSWER IS YES.
UM, UH, PARTICULARLY ANY LAYOUT CHANGES.
ONE QUESTION WAS IF THERE WAS GOING TO BE, UH, UH, A REQUIREMENT OR IF, UH, UH, IF THE, UH, DEVELOPER OR THE APPLICANT DECIDES THAT THEY WANNA DO A PRIVATE SYSTEM, A PRIVATE WATER SYSTEM ON SITE THAT'S NOT CURRENTLY SHOWN, THEN WE WOULD HAVE TO REVIEW THE LOCATION OF THAT AS WELL.
SO SIGNIFICANT CHANGES WOULD HAVE TO COME BACK.
THE GENERAL PROJECT DESCRIPTION AND DESIGN HIGHLIGHTS, UM, IT'S ESSENTIALLY TWO PORTIONS.
THEY ARE CONNECTED BY, UH, DUNCAN MANOR, UH, DUNCAN MANOR, UH, DRIVE.
THE WEST PORTION HAS GOT A LANDSCAPED BERM ALONG, UM, ALONG, UH, MARKET STREET, THREE PONDS AND TWO COMMERCIAL PATHS.
UH, AND THE PROPOSAL THERE IS FOR 61 SINGLE FAMILY DWELLINGS ON LOTS WITH A MINIMUM WIDTH OF 60 FEET.
THE EAST PORTION HAS A LARGE POND.
UH, THERE'S ALSO GONNA BE A GAZEBO AND A STREET CONNECTION TO COASTAL SQUARE AND RESIDENCES.
UM, AND THAT PROPOSAL IS FOR 93 SINGLE FAMILY DWELLINGS ON LOTS WITH A MINIMUM WIDTH OF 50 FEET.
PLEASE NOTE THAT THE EXISTING LOT WITH ALONG, UM, ALONG, UH, DUNCAN MANOR DRIVE IS 50 FEET.
THERE ARE SEVERAL PLACEMAKING FEATURES LIKE SIDEWALKS, PONDS, AND THE BERM THAT WE TALKED ABOUT, AND THERE'S OPEN SPACE THROUGHOUT THE, UH, THROUGHOUT THE PROPOSED LAYOUT.
GETTING INTO THE EXHIBITS, UM, AS YOU CAN SEE HERE, THIS IS JUST A GRAPHIC REPRESENTATION OF EVERYTHING THAT I JUST MENTIONED.
UH, THIS IS THE EAST PORTION HERE.
UM, AT THE INTERSECTION OF FAIRGROUNDS AND MARKET, YOU WILL FIND ONE COMMERCIAL PAD, AND THEN THE OTHER COMMERCIAL PAD IS AT MARKET AND DUNCAN MANOR COMES RIGHT IN HERE.
SO THIS IS THE OTHER COMMERCIAL PAD.
SIDEWALK IS PROPOSED ON ONE SIDE, UM, AND THEN HERE IS THE LANDSCAPED BERM ALONG THE, UH, ALONG THE REARS OF, UH, SEVERAL OF THE PROPOSED RESIDENTIAL LOTS.
EVERYTHING THAT YOU SEE ESSENTIALLY IN GREEN OR BLUE IS CONSIDERED OPEN SPACE.
THE PONDS WILL, UH, I BELIEVE THE PONDS WILL ALSO DOUBLE AS, UH, AS, UH, STORMWATER FEATURES.
AND THEN WE HAVE THE, UM, YOU KNOW, WE HAVE, UH, A FIRST DRAFT OF THE PRELIMINARY PLAT FOR YOU ALL TO REVIEW.
UM, AND IF, IF YOU NEED TO SEE ANY OF THIS IN DETAIL, WE CAN CERTAINLY GO BACK AND ZOOM IN, BUT, UM, BUT, UH, UH, THAT'S WHAT WE HAVE HERE.
SHANTICE, IF WE COULD ZOOM IN ON THE TEXT HERE, MAYBE YOU CAN START WITH THE TOP HALF AND I'LL JUST GO THROUGH THE, UH, THROUGH THE CONDITIONS, UH, THE OTHER CONDITIONS.
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RECOMMENDING, UH, 12 CONDITIONS.IF WE CAN ZOOM IN JUST A LITTLE BIT MORE, SHOW ONE THROUGH SIX AS BIG AS YOU CAN.
NO, YOU, YOU'RE GOOD, YOU'RE GOOD.
SO THE CONDITIONS, WE'LL READ, UH, ONE THROUGH SIX.
UH, THE SITE SHALL BE DEVELOPED IN ACCORDANCE WITH THE STAFF PLANS AND ALL ANNOTATIONS, INCLUDING COMMUNITY AMENITIES AND PLACEMENT AND FEATURES THEREON.
UH, NUMBER TWO, PRIVATE ROADS, UH, COMPLYING WITH VDOT MINIMUM LANE WIDTH STANDARDS AND PAVEMENT SECTIONS, UH, AND THEY ALSO NEED TO SUPPORT, UH, EMERGENCY VEHICLES.
WITH THAT BEING SAID, OUR HEAVIEST APPARATUS IN ACCOMACK COUNTY WEIGHS 80,000 POUNDS AND WE WILL BE, UM, REALLY, UH, UH, REVIEWING, UH, CROSS SECTIONS FOR THAT.
ON STREET PARKING SHALL BE PROHIBITED GIVEN THE NARROW, GIVEN THE NARROW, UH, UM, UH, STREET WIDTH.
ALL DEDICATIONS OF INFRASTRUCTURE EASEMENTS IN COMMON AREAS SHOWN ON THE PLANS BE ACCOMPLISHED PRIOR TO THE ISSUANCE OF THE FIRST CO FOR ANY RESIDENTIAL OR NON-RESIDENTIAL BUILDING.
SO WHETHER THAT'S A COMMERCIAL OR WHETHER THAT IS A RESIDENTIAL STRUCTURE, WE WANT TO SEE THE, UH, THE EASEMENTS AND COMMON AREAS DEDICATED PRIOR TO THAT CO.
NUMBER FIVE, BUILDINGS ON COMMERCIAL OUT PARCELS, UH, AS SHOWN ON THE PLANS SHALL BE SUBMITTED FOR REVIEW BY THE PLANNING COMMISSION AND APPROVAL BY THE BOARD OF SUPERVISORS.
THE INTENT WAS TO MIRROR THE LAST, UH, CONDITION, UH, BUT, UH, YEAH, THIS PART RIGHT HERE, THE, THE LAST CONDITION ACTUALLY SAID BY PLANNING, BY THE PLANNING COMMISSION, AND THEN THIS LANGUAGE WAS NOT INCLUDED, BUT, UH, UM, PLEASE CONSIDER THIS, UH, YOU KNOW, OPTIONAL.
UH, WE WOULD NOT ACTUALLY RECOMMEND THIS.
THE LAST CONDITION, THE PLANNING COMMISSION WANTED TO SEE THE, THE, UH, THE PLANS AND IT WOULDN'T GO ANY FURTHER THAN THAT.
NUMBER SIX, CENTRAL TRASH DUMPSTERS FOR COMMERCIAL USES ENCLOSED WITH MASONRY WALLS, UH, UH, AND VISUALLY COMPATIBLE WITH ADJACENT BUILDINGS.
UM, OTHER STANDARDS LIKE, UM, UH, OPAQUE NO SAG GATES AND ELIMINATE FOR SAFETY AND, UH, SHALL BE MAINTAINING A CLEAN AND ORDERLY STATE AT ALL TIMES.
NUMBER SIX, STORMWATER PERMITS HAVE TO BE OBTAINED PRIOR TO, UH, APPROVAL OF THE SITE PLAN IN THAT STANDARD.
WE WILL NOT APPROVE A SITE PLAN UNLESS THE STORMWATER, UH, UNLESS THE STORMWATER PERMIT HAS BEEN, UH, UNLESS THE STORMWATER COMPLIES WITH THE STATE REGS.
NUMBER EIGHT IS ACTUALLY IN PROGRESS ON HRSD OR HAMPTON ROAD SANITATION DISTRICT SERVICE AREA EXPANSION REQUEST THAT INCLUDES THE PROPOSED, UH, AREA, IT SHOULD SAY, "SHALL BE SUCCESSFULLY ACCOMPLISHED PRIOR TO THE APPROVAL OF THE SITE PLAN, INCLUDING AUTHORIZATION FOR, UH, LAND DISTURBANCE." AND, UM, UH, WE HAVE THAT INTO HRSD, UH, RIGHT NOW.
NUMBER NINE IS ABOUT THE WAIVERS, AND WE'LL GET INTO THE WAIVERS HERE, UH, IN A MINUTE.
THE PLANNING COMMISSION HAS REVIEWED AND EVALUATED THE WAIVERS AS REQUESTED BY THE APPLICANT IN THE LETTER DATED SEPTEMBER 4TH, 2026, AND THE STAFF'S WAIVER REQUEST MATRIX ALSO DATED SEPTEMBER 4TH, 2026.
AS AUTHORIZED IN S - UH, IN THAT CODE SECTION OF THE ACCOMACK COUNTY CODE AND RECOMMENDS THE WAIVERS BE GRANTED AS INDICATED IN THE STAFF'S WAIVER MATRIX.
I WILL INDICATE THAT THERE WERE NINE REQUESTED AND WERE RECOMMENDING APPROVAL OF EIGHT.
NUMBER 10, PLANNING COMMISSION RECOMMENDS APPROVAL OF A REQUEST FOR PRIVATE STREETS IN THE VILLAGE DEVELOPMENT AS AUTHORIZED BY THE SUBDIVISION ORDINANCE.
NUMBER 11, PLANNING COMMISSION RECOMMENDS THAT THE BOARD OF SUPERVISORS APPROVE OF THE EXTENSION OF EXPIRATION OF CONDITIONAL USE PERMIT TO FIVE YEARS.
RIGHT NOW, THE, UH, THE, UH, UM, THE ZONING ORDINANCE SAYS TWO.
THE STAFF IS RECOMMENDING THAT YOU PUSH THAT OUT TO FIVE.
SO, UM, UH - HAVE WE DONE THAT FOR ANYBODY ELSE? WE DID IT FOR, UH, COASTAL SQUARE AND RESIDENCES.
SO, UH, FIVE YEARS FROM THE DATE OF ISSUANCE UNLESS SUBSTANTIAL CONSTRUCTION OR USE HAS ACTUALLY COMMENCED AND IS PROGRESSING TOWARDS COMPLETION IN ACCORDANCE WITH THE PLANS LISTED IN CONDITION ONE ABOVE AND AS AUTHORIZED BY THE, UM, BY THE ZONING ORDINANCE.
NUMBER 12, AND FINALLY FOR ANY PROPOSED ACCESSES TO TAX PARCEL 85A51, AND THIS IS THE CONNECTION TO COASTAL SQUARE AND RESIDENCES, UH, EVIDENCE OF AGREEMENTS TO PROVIDE ACCESS, INCLUDING ACCESS EASEMENTS SHALL BE PROVIDED PRIOR TO THE APPROVAL OF THE FINAL SUBDIVISION PLAT
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FOR THE SECTION INVOLVING THE SAID ACCESS.SO THIS SHOULD BE SEEN AS A, UH, AS A, UH, A STANDARD REQUIREMENT.
WE SHOULDN'T BE RECORDING, UH, YOU KNOW, THAT SECTION UNLESS WE...
AND, AND IF THAT, IF THAT FINAL PLAT SHOWS ACCESS, THEN WE NEED ASSURANCES THAT, UH, THERE IS, UH, ACTUAL LEGAL PERMISSION TO DO THAT.
I'M GONNA PAUSE HERE AND ASK IF ANYONE'S GOT ANY QUESTIONS ABOUT THE CONDITIONS.
WE'LL GET INTO THE WAIVERS NEXT.
UH, THE RELATIONSHIP BETWEEN COASTAL SQUARE AND DUNCAN MANOR, UH, IS THAT S- SOMETHING THAT COULD BE CONSTRUED AS BEING ONE DEVELOPMENT BY ANY CHANCE? I WILL LET MR. CARBAUGH SPEAK TO THAT, BUT IN MY CONVERSATIONS WITH HIM, IT IS INTENDED FOR THE TWO DEVELOPMENTS TO SHARE THINGS LIKE AMENITIES.
UH, IF YOU RECALL, THE ORIGINAL DUNCAN MANOR PROPOSAL INCLUDED, UH, SOMETHING LIKE CLUBHOUSES, BUT THE, BUT THOSE HAVE BEEN REMOVED, UH, IN LIEU OF, UM, AN AGREEMENT BETWEEN THE TWO, UH, THE TWO DEVELOPMENTS FOR THE DUNCAN MANOR RESIDENTS TO USE THE CLUBHOUSES, THE POOLS, THE AMENITIES AT COASTAL SQUARE.
SO I THINK THE ANSWER THERE WOULD BE YES.
AND YOU ALSO SAID THAT THE ROADS WOULD BE CONSTRUCTED AND CONFORMING TO VDOT STANDARDS, BUT AT THE SAME TIME YOU SAID 24 FEET.
UH, IS THAT NOT CONTRADICTORY? VDOT STANDARDS FOR, UH, FOR, UH, UH, THIS WIDTH OF ROAD, YOU KNOW, THESE ARE, THESE ARE LOCAL STREETS, AND THEY CAN BE AS, THEY CAN BE, UH, QUITE NARROW.
I'M THINKING 30 FEET, BUT OKAY.
THE OTHER, ONE OTHER POINT, UH, ONE OF OUR CONCERNS AND MY CONCERN HAS BEEN THAT THE APPROVAL OF THESE PROJECTS HAPPENED AND TO DATE, UH, WE HAVE SEEN NO ACTUAL CONSTRUCTION, UH, OVER THE PAST FOUR OR FIVE YEARS.
I, I SAY THAT TO THE POINT THAT YOU ARE EXTENDING THIS TO FIVE YEARS WHEN ALREADY WE WILL HAVE SOME ISSUES WITH, OR I HAVE ISSUES WITH YOU NOT GETTING APPROVAL AND NOT ACTUALLY DOING ANYTHING.
SO IT'S EXTENDED THAT FIVE YEARS ADDED TO THAT PROBLEM.
THE REASON WHY THE STAFF IS, UH, IS PROPOSING A FIVE YEAR AS OPPOSED TO A TWO YEAR CONDITIONAL USE PERMIT TERM, AND BY THE WAY, WE'RE ALSO MAKING THE SAME, UH, RECOMMENDATION FOR THE OTHER CONDITIONAL USE PERMIT LATER ON TONIGHT FOR THE WELL FIELD, FOR THE, FOR THE WELL FIELD, IS THAT, UM, ALTHOUGH THEY PROBABLY WON'T NEED IT, IS THAT DEVELOPMENTS OF THIS SCALE REQUIRE, UM, UH, A LOT OF REVIEW ON THE ENGINEERING SIDE, UH, FOR COASTAL SQUARE AND RESIDENCES, WHICH WAS ORIGINALLY, UH, WHICH THE LAND USE ENTITLEMENTS WERE ORIGINALLY PROVIDED IN, UM, UH, I BELIEVE IT WAS JUNE OF 2024 BY THE BOARD OF SUPERVISORS.
UM, UH, UH, THE DEVELOPER IS CURRENTLY IN THE SITE PLAN REVIEW STAGE.
SO, UH, THE DEVELOPER WOULD NOT BE ABLE TO COMMENCE CONSTRUCTION WITHOUT AN APPROVED SITE PLAN, BUT IT'S THAT SITE PLAN PROCESS THAT'S, THAT'S TAKING A WHILE.
UM, SO AS TO NOT HAVE TO COME BACK FOR ANOTHER CONDITIONAL USE PERMIT OR FOR AN EXTENSION, I SHOULD SAY, THE STAFF IS JUST RECOMMENDING A FIVE YEAR, UH, A FIVE YEAR TERM THAT IS ALLOWED WITHIN THE, UH, WITHIN THE ZONING CODE.
IF THE PLANNING COMMISSION WOULD PREFER TO SEE THREE YEARS OR FOUR YEARS, THEN, UH, THEN THEY CAN RECOMMEND THAT AS WELL.
THEY CAN ALSO RECOMMEND THAT IT STAY AT TWO YEARS.
IS THE ENGINEERING FOR ONE SUBSTANTIALLY MORE OR LESS THAN THE OTHER ONE? IT'S THE SAME DEVELOPER, SO IS THE ENGINEERING...
I MEAN, ONCE THEY GET THE ENGINEERING KIND OF GOING ON COASTAL SQUARE, IT SHOULD BE FAIRLY RAPID FOR THE OTHER ONE.
IS THAT TRUE OR NOT TRUE? THEY'RE, THEY'RE STILL, UH, WHILE, WHILE THEY ARE ADJACENT TO EACH OTHER, THEY ARE TWO DIFFERENT SITES OF, OF, UH, YOU KNOW, THE, THE COASTAL SQUARE IS TWICE AS LARGE AND INVOLVES, UH, A MUCH HEAVIER COMMERCIAL COMPONENT, PARTICULARLY ALONG ROUTE 13, WHICH, UH, WHICH MAY PRESENT DIFFERENT ENGINEERING, UH, UH, YOU KNOW, ENGINEERING SCENARIOS.
SO I, I WOULDN'T WANT TO SAY THAT, UM, THAT, UH, ONE WOULD MAKE THE OTHER ONE EASIER.
DUNCAN MANOR, IT'S SMALLER, UM, AND IT DOES NOT INVOLVE
[01:00:01]
THINGS LIKE, UM, UH, APARTMENT BUILDINGS FOR RENT, BY THE, YOU KNOW, FOR, FOR EXAMPLE.UH, THE COASTAL SQUARING RESIDENCES, THAT ALSO ENTAILS HIGHER DENSITY MULTI-FAMILY SUCH AS, UH, ROWS OF TOWNHOUSES AND DUPLEXES.
UM, THE, UH, THE ENGINEERING IS A LITTLE BIT DIFFERENT FOR THAT THAN IT WOULD BE FOR SINGLE FAMILY DWELLINGS.
THERE ARE NO SINGLE FAMILY DWELLINGS PROPOSED FOR COASTAL SQUARE RESIDENCES.
I'M OKAY WITH LEAVING THAT FOR DISCUSSION FOR FURTHER OF HOW TO GET PROJECTS BUILT AFTER WE APPROVE THEM.
SO I'M OKAY WITH MOVING THAT FORWARD.
ANY OTHER QUESTIONS ON THE CONDITIONS? OKAY.
ARE WE GONNA ALLOW MARIJUANA IN VILLAGE DEVELOPMENT AREAS? NO.
WE'VE ALREADY DECIDED THAT WE'RE NOT GONNA RECOMMEND MARIJUANA IN THOSE DEVELOPMENT AREAS.
I'M COMFORTABLE SAYING THAT ON THE RECORD RIGHT NOW.
MR. ODOKOWSKI OWNS A WONDERFUL POT STORE UP IN MARYLAND AND DIDN'T KNOW IF HE WAS THINKING ABOUT BRINGING ONE HERE.
OH YEAH, THEY OWN A FABULOUS...
SO, SO THE FIRST DOCUMENT THAT WE JUST RAN THROUGH WAS APPENDIX A, AND THAT'S REFERENCED IN THE, UH, IN THE, IN THE RECOMMENDATION, THE STAFF RECOMMENDATION, UH, AND IN THE, UH, UH, RECOMMENDED MOTION TO THE BOARD OF SUPERVISORS.
THIS IS THE WAIVER REQUEST MATRIX.
UM, FIRST OF ALL, YOU'LL NOTICE THAT IT'S ORGANIZED BY, UM, BY, UH, A PLAIN LANGUAGE REQUIREMENT IN THE FIRST COLUMN.
THE SECOND COLUMN IS THE SPECIFIC CODE SECTION OF THE ZONING ORDINANCE.
THE, UH, OR RATHER THE FIRST COLUMN IS REQUIREMENT.
THE THIRD COLUMN IS THE, UH, REGULATIONS PLAIN LANGUAGE DESCRIPTION TO MAKE IT, UM, TO MAKE IT A LITTLE BIT EASIER TO UNDERSTAND.
THE FOURTH COLUMN IS THE WAIVER THAT'S REQUESTED AND THE STAFF RECOMMENDATION IN THAT, UH, IN THAT FIFTH COLUMN.
THE LAST COLUMN IS THE PLANNING COMMISSION RECOMMENDATION.
SO AS YOU GO THROUGH THESE AND YOU SAY WHETHER OR NOT YOU WANNA RECOMMEND THE WAIVERS, THE STAFF WILL OBVIOUSLY BE TAKING NOTES, BUT THIS MATRIX WILL BE FORWARDED TO THE BOARD OF SUPERVISORS WITH YOUR RECOMMENDATION ON EACH REQUIREMENT FORWARDED TO THEM.
DOES ANYBODY HAVE ANY QUESTIONS ON HOW THAT'S LAID OUT OR IF ANY OTHER EX- EXPLANATION IS NEEDED? OKAY.
SO WHAT WE'LL DO IS JUST GO THROUGH THE WAIVERS ONE AT A TIME.
SO SHANTIS, IF WE COULD ZOOM IN AS MUCH AS WE CAN ON, UH, NUMBER ONE.
OKAY, I'M GONNA HAVE TO MOVE IN JUST A LITTLE BIT MORE.
SO - I CAN GO IN SOME MORE AND JUST MOVE THE SCREEN BACK AND FORTH.
I THINK I CAN, UH, READ THIS FROM HERE.
SO DO YOU, DO YOU WANNA DO THIS BEFORE YOU HEAR FROM THE APPLICANT AND THE PUBLIC OR AT WHAT POINT IS THIS APPROPRIATE NOW? YEAH, BECAUSE YOU ALL ARE PROBABLY GONNA WANNA TALK ABOUT THE WAIVERS, UH, BEFORE THE PUBLIC HEARING IS OPEN.
UM, THE PUBLIC MAY HAVE SOME QUESTIONS ABOUT THE WAIVERS, SO IT WOULD BE APPROPRIATE FOR THE STAFF TO EXPLAIN ON THAT.
UH, NUMBER ONE IS, UH, BUFFERING ALONG PUBLIC STREETS.
THERE IS A ZONING ORDINANCE REQUIREMENT FOR A 25 FOOT VEGETATIVE BUFFER ALONG EXISTING PUBLIC ROADS.
SO HERE, THE, UH, THE ONLY FRONTAGE IS GOING TO BE ALONG THOSE, UH, ALONG, UH, MARKET STREET.
AND YOU SAW THAT BUFFER, BUT THE BUFFER WOULD ALSO INCLUDE THE TWO COMMERCIAL, UH, THE, THE, THE TWO COMMERCIAL PADS ALONG, UM, UH, UH, ALONG MARKET STREET.
SO WHAT THE STAFF IS SUGGESTING IS THAT, UM, UH, EITHER DELETING THIS WAIVER AND HAVING THE APPLICANT PROFFER IT, WHICH OF COURSE IS ENTIRELY VOLUNTARY, BUT, UH, STAFF FEELS THAT THERE'S STILL A WAY TO, UH, YOU KNOW, TO KEEP THE 25 FOOT BUFFER IN PLACE AND WE CAN WORK WITH THE APPLICANTS TO, UH, TO CLUSTER THE, UH, THE LANDSCAPING AND TO, UH, TO, TO, TO MAINTAIN THE AMOUNT OF, UH, THE, THE QUANTITY OF THE LANDSCAPING WITHOUT ELIMINATING THE BUFFER OR REDUCING THE AMOUNT OF LANDSCAPING.
SO, UH, WHAT THE STAFF IS, UH, IS PROPOSING IS, UH, IS A COMPROMISE BETWEEN KEEPING THE APPLICA - KEEPING THE REQUIREMENT IN PLACE WHILE WORKING WITH THE APPLICANT TO MAYBE MOVE THE, THE, MOVE THE LANDSCAPING AROUND SO THAT THOSE BUSINESSES CAN HAVE, UM, SOME ENHANCED VISIBILITY.
MINIMUM FRONTAGE, UH, WHICH REALLY MEANS MINIMUM WIDTH.
[01:05:01]
UH, 60 FOOT IS REQUIRED BY THE ZONING ORDINANCE AND THE APPLICANT IS REQUESTING 50.THE RECOMMENDATION THERE IS TO APPROVE THIS WAIVER BECAUSE THERE ARE ALREADY 50 FOOT LOTS, UH, WITHIN THE DEVELOPMENT.
NUMBER THREE IS THE FRONT YARD SETBACK.
THERE IS A 30 FOOT DEEP, UH, FRONT YARD SETBACK REQUIRED AND, UM, AND, UH, UH, THE APPLICANT IS REQUESTING A REDUCTION OF FIVE FEET TO 25 FEET.
STAFF IS RECOMMENDING APPROVAL OF THAT WAIVER.
THE DEPTH STILL ACCOMMODATES, UH, LONGER VEHICLES AND THE, UH, THE APPLICANT HAD PREVIOUSLY SUBMITTED A, UH, A CLUSTER LOT PARKING EXHIBIT THAT DEMONSTRATES THAT PARKING CAN STILL BE ACCOMPLISHED.
NUMBER FOUR IS THE AGRICULTURAL SETBACK OF 200 FEET FROM, UH, BETWEEN RESIDENTIAL STRUCTURES AND AGRICULTURALLY ZONED PROPERTY.
UH, AS WITH COASTAL SQUARE AND RESIDENCES, THERE IS NO AGRICUL - CURRENTLY AGRICULTURAL USE OUT HERE.
THE PURPOSE OF THAT 200 FOOT SETBACK IS TO, UH, IS TO ESSENTIALLY MITIGATE FROM THINGS LIKE, UH, UH, DUST, UH, ODOR TO A CERTAIN EXTENT, BUT PRIMARILY DUST.
AND THE RECOMMENDATION, THE STAFF RECOMMENDATION IS TO APPROVE, UH, THAT WAIVER.
THE ONLY ADJACENT, UH, THE ONLY ADJACENT AG ZONED PROPERTY IS ALREADY USED FOR SINGLE FAMILY RESIDENTIAL.
UH, THE SIDE YARD SETBACK TOTAL, THE ZONING ORDINANCE REQUIRES 25, BUT, UH, UH, IT'S, IT'S A LITTLE UN - IT'S, IT'S UNUSUAL BECAUSE THE ZONING ORDINANCE SAYS 10 FEET, A 10 FOOT SIDE YARD SETBACK, BUT THE TOTAL OF THE TWO ADJACENT SIDE YARDS HAVE TO EQUAL 25 FEET.
SO, UM, SO, UH, UH, A REDUCTION OF FIVE FEET IS REQUESTED TO GO FROM FIVE TO 10, WHICH WHEN YOU ADD UP THE, UH, UH, THE, THE SIDE YARD SETBACKS OF 10 FOOT, 10 FEET EACH, IT MAPS OUT TO 20 FEET.
CENTRAL WATER, UH, UH, ADEQUATE SERVICE BY A, UH, UH, WATER, UH, BY A WATER PROVIDER.
UM, LET'S SEE, UH, UH, THIS CAN BE, UH, THE PUBLIC OR PRIVATE, BUT THE, UH, THE PLANNING COMMISSION WITH, WITH THE PLANNING COMMISSION RECOMMENDATION, THE BOARD CAN WAIVE THE REQUIREMENT FOR CENTRAL WATER.
THE STAFF'S RECOMMENDATION IS TO APPROVE THIS WAIVER BECAUSE THE HEALTH DEPARTMENT HAS INDICATED IN WRITING THAT INDIVIDUAL WELLS CAN BE USED FOR LOTS OF THIS SIZE SO LONG AS THEIR REGULATIONS ARE MET.
NUMBER SEVEN, VILLAGE DEVELOPMENT PROJECT SIZE, THERE'S A MAXIMUM OF 40 ACRES.
UH, THERE'S A WAIVER OF 15.45 ACRES REQUESTED, UM, AND THE PROJECT WOULD STILL CONFORM TO THE, UH, UH, TO THE SUGGESTION OF HIGHER DENSITY RESIDENTIAL IN A COMPREHENSIVE PLAN.
NUMBER EIGHT, UH, CORNER LOT, THE WIDTHS OF CORNER LOTS, THERE'S A 150 FOOT MINIMUM WIDTH AND, UM, AND THE APPLICANT IS REQUESTING A, UH, WIDTH OF 50 FEET.
UNDERGROUND UTILITIES MAY STILL BE LOCATED WITHIN, UH, WITHIN THE RIGHT OF WAY, SUCH AS, UH, FIBER FOAM, CABLE, POWER, WATER, SEWER, AND STORM WATER.
UH, IF UTILITIES ARE UNDERGROUND IN THE STREET, THEN THE YARD DEPTHS DON'T MATTER AS MUCH.
STAFF WILL ALSO INDICATE THAT THERE ARE 15 CORNER LOTS, UM, ALTHOUGH, UH, ALTHOUGH, YOU KNOW, THAT'S A COMBINATION BETWEEN THE EAST AND THE WEST, UH, PORTIONS OF THE DEVELOPMENT.
AND FINALLY, UH, WAIVER NUMBER NINE, UH, CORNER LOTS, THERE IS A STREET SIDE YARD REQUIREMENT.
THAT STREET SIDE YARD REQUIREMENT IS 35 FEET AND THE APPLICANT IS REQUESTING 25 FEET.
STAFF IS RECOMMENDING APPROVAL FOR THE SAME REASONS AS PRESENTED BEFORE.
SO JUST A NOTE ON THE, UH, UH, ON THE REQUEST, THEY WERE NUMBERED ONE THROUGH SEVEN IN THE APPLICANT'S LETTER, BUT, UH, BUT FOUR OF THEM WERE COMBINED INTO TWO SEP - INTO TWO REQUESTS, HENCE THE NINE ENTRIES LISTED ABOVE.
SO, UH, HE, SO, UH, UH, IT WAS JUST A MATTER OF HOW THEY WERE ORGANIZED.
THEY WERE JUST ORGANIZED DIFFERENTLY.
AND THIS IS JUST THE, UH, WAIVER REQUEST LETTER FOR, UH, FOR REFERENCE.
I'D SAY WE'RE PROBABLY ABOUT TWO THIRDS OF THE WAY THROUGH THIS PRESENTATION.
THIS SLIDE TALKS ABOUT WATER AND SEWER.
UM, WATER, UH, TO DATE, THE TOWN OF NANCOCK HAS NEITHER GRANTED
[01:10:01]
NOR DECLINED WATER SERVICE TO THE COUNTY'S, UH, TO THE COUNTY'S KNOWLEDGE.UM, THE UTILITY CONCEPT PLANS THAT WERE SHOWN PREVIOUSLY SHOW CONNECTIONS TO THE TOWN OF MANCOCK, BUT THE ALTER - THE ALTERNATE OPTION IS TO CONSIDER AN ONSITE SOLUTION, AND THIS IS WHAT WE'VE BEEN DISCUSSING WITH THE PLANNING COMMISSION OVER THE PAST COUPLE OF MONTHS.
UM, UH, SO, UH, NUMBER ONE, SO AN ONSITE SOLUTION COULD LOOK LIKE A, UH, A CENTRAL PRIVATE SYSTEM ON SITE, WHICH IS NOT SHOWN, UH, BUT THE HEALTH DEPARTMENT HAS INDICATED THAT INDIVIDUAL WELLS ARE PERMITTED AS LONG AS IT COMPLIES WITH THEIR REGULATIONS.
SO, UM, YOU KNOW, PRIMARILY SETBACKS FROM THE, UH, FROM ANY, UM, SEPTIC SYSTEMS, OF COURSE, THERE ARE NOT GONNA BE ANY SEPTIC SYSTEMS HERE.
INDIVIDUAL WELL, UH, YEAH, INDIVIDUAL WELLS, UM, FOR 30 LOTS OR MORE, THEY WILL REQUIRE A DEQ TECHNICAL EVALUATION, UH, AT THE TIME OF SUBDIVISION REVIEW.
NOW, THIS PROVISION RIGHT HERE IS FOR, UH, IS FOR STORMWATER, I'M SORRY, FOR WATER WITH, FOR GROUNDWATER WITHDRAWAL, FOR GROUNDWATER WITHDRAWAL, AND, UH, THE, UH, THE APPLICANT IS AWARE OF THIS AND WILL HAVE A, UH, UM, UH, HYDROGEOLOGIST LOOK INTO THAT WHEN THE TIME IS COR - WHEN THE TIME IS RIGHT, BUT THE, THE TECHNICAL EVALUATION IS NOT REQUIRED FOR A REZONING OR FOR A CONDITIONAL USE PERMIT.
IT IS REQUIRED AT THE TIME OF SUBDIVISION REVIEW.
SO THAT HAPPENS AFTER, UH, AFTER THE BOARD, IF IT SO CHOOSES, UH, UH, GRANTS THE REZONING AND CONDITIONAL USE PERMIT.
AND AGAIN, ONE OF THE WAIVERS, UH, AS REQUESTED IS THE WAIVER FROM A CENTRAL WATER, FROM CENTRAL WATER SERVICE, AND, UH, THE APPLICANT IS ENABLED BY THE ZONING ORDINANCE TO REQUEST THAT.
FROM A SEWER STANDPOINT, UH, THE COUNTY HAS COMMITTED TO PROVIDING SEWER SERVICE TO, UH, HALF THE RESIDENTIAL UNITS.
THIS WAS A POINT THAT WE DISCUSSED SEVERAL MONTHS AGO.
UH, I BELIEVE IT WAS TWO MONTHS AGO WHERE WE SHOWED THE PLANNING COMMISSION THE, UH, THE, UM, UH, ALL OF THE KNOWN SOURCES OF DISCHARGE, UH, GOING TO THE HRSD PLANT.
WE HAVE A, UM, WE HAVE AN ALLOCATION OF 187,720 GALLONS PER DAY.
AND, UH, WHAT WE DO NOT WANNA DO IS TO TIE UP ALL OF THAT ALLOCATION FOR JUST A COUPLE OF DEVELOPMENTS.
SO, UH, SO WE HAVE, UM, WE HAVE COMMITTED TO PROVIDING SERVICE TO HALF THE RESIDENTIAL UNITS, AND IF THERE IS, UH, IF THERE'S STILL, UH, IF THERE'S STILL ALLOCATION LEFT OVER ONCE THE DEVELOPER HAS REACHED HALF, THEN WE WILL TALK A LITTLE BIT, AND THEN WE WILL TALK AGAIN ABOUT WHAT'S POSSIBLE TO CONTINUE TO SERVE THAT.
IF THE ALLOCATION IS, UH, IS MAXED OUT, THEN A DIFFERENT SOLUTION WILL HAVE TO BE, UH, WILL HAVE TO BE FOUND.
EITHER THAT WOULD BE A DIFFERENT PLANT OR SOME SORT OF ONSITE, UH, CENTRAL SEWER SOLUTION, BUT WE HAVE COMMITTED TO PROVIDING, UH, SEWER SERVICE TO HALF THE RESIDENTIAL UNITS.
I'M GONNA GO AHEAD AND PAUSE AND SEE IF THERE ARE ANY QUESTIONS.
ONE OF THE CENTRAL TENANTS OF THE VILLAGE DEVELOPMENT HAS BEEN, I REALIZE WE CAN WAIVE IT, BUT THE CENTRAL TENANTS OF THESE VILLAGE DEVELOPMENTS HAS BEEN CENTRAL WATER AND CENTRAL SEWER.
AND WE HAVE NOT TO DATE STEPPED ASIDE FROM THAT REQUIREMENT.
AND I'M NOT INCLINED TO STEP ASIDE OF IT FOR TODAY.
I MEAN, IF WE'RE GOING TO DO THESE VILLAGE DEVELOPMENTS IN AND AROUND THE TOWNS, THE REASON WE SAID IN AND AROUND THE TOWNS WAS BECAUSE OF SEWER AND CENTRAL WATER.
UM, SO IF WE'RE LOOKING AT WAIVERS, I'M NOT INCLINED TODAY TO GRANT WAIVERS FOR INDIVIDUAL WELLS AND BECAUSE THE INTENT, NOT THE LETTER OF THE LAW, BUT THE INTENT OF THE VILLAGE DEVELOPMENT IS TO HAVE CENTRAL USE OF WATER AND, AND, AND, AND SEWAGE.
I DON'T KNOW HOW YOU GET AROUND THAT.
THE TOWN OF ADANCOCK IS THE, IS THE, UH, UH, IS THE WATER PROVIDER IN THAT AREA? UH - DON'T HE HAVE THE OPTION FOR A SINGLE WELL OR, YOU KNOW, FOR HIM, FOR THE, FOR THE DEVELOPER TO RUN SOME SORT OF A WATER - YES.
SYSTEM AS OPPOSED TO INDIVIDUAL WELLS? THAT WOULD BE A CENTRAL SYSTEM.
SO AT THE, YOU KNOW, WHEN IT'S TIME FOR THE PLANNING COMMISSION TO MAKE A RECOMMENDATION, YOU KNOW, WE CAN GO THROUGH THAT WAIVER REQUEST AND, YOU KNOW, WE'LL SAY, YEAH, WE'LL RECOMMEND THE SIDE YARD SETBACK WAIVER.
WE'LL RECOMMEND THE AG, THE 200 AG FOOT, UH, OF THE 200 FOOT AG WAIVER.
THOSE OTHER WAIVERS ARE PERFECTLY FINE.
I THINK THEY'RE NOT UNREASONABLE.
[01:15:01]
US TO, YOU KNOW, THE INTENT, AGAIN, OF VILLAGE DEVELOPMENT, AND WE SHOULD STICK WITH THAT INTENT.AND MY, MY POINT WAS THAT WHEN WE GO THROUGH THAT, WE'LL JUST SAY YES, YES, NO, WHICHEVER ONES YOU WANNA SAY YES TO, WE'LL MARK A CHECK AND WHICHEVER ONES YOU SAY NO TO, WE'LL MARK A, YOU KNOW, WE'LL MARK AN X AND THEN WE'LL PROVIDE THAT INFORMATION TO THE, UH, TO THE BOARD OF SUPERVISORS.
UM, SO THAT CONCLUDES THE, UH, THE UTILITY.
SO COMPREHENSIVE PLAN HIGHLIGHTS, I WON'T, UH, SPEND TOO MUCH TIME ON THIS.
UH, ESSENTIALLY, THE COMPREHENSIVE PLAN HIGHLIGHTS ARE VERY SIMILAR TO THE, UM, UH, IF NOT IDENTICAL TO THE RESIDENCES.
SO A LOT OF THAT WAS, UM, WAS, UH, UH, WAS REPEATED.
HIGHLIGHTS THE GROWTH MANAGEMENT STRATEGY IN FACT FAVORS LOCATIONS CLOSE TO UTILITY AND TRANSPORTATION INFRASTRUCTURE AND AWAY FROM AGRICULTURE, ENVIRONMENTALLY CONSTRAINED AREAS AND OPEN SPACES.
THE VILLAGE DEVELOPMENT AREA FUTURE LAND USE DESIGNATION, UH, SUGGESTS, UH, THIS TYPE OF DEVELOPMENT, A HIGHER DENSITY, UM, RESIDENTIAL DEVELOPMENT.
UH, AND, UM, THE DEVELOPMENT THAT'S PROPOSED IS ACTUALLY UNDER THE, UH, THE, THE RECOMMENDED DENSITY OF FOUR DWELLING UNITS PER ACRES.
SO FOR, UH, FOR, UH, UH, VILLAGE DEVELOPMENT AREAS, A DENSITY OF FOUR DWELLING UNITS PER ACRE IS RECOMMENDED, BUT THE, BUT THE, UH, UH, THE CURRENT, UH, DENSITY IS 2.78 DWELLING UNITS PER ACRE.
AND THEN, UH, THE, THE COMPREHENSIVE PLAN SAYS THIS IN SEVERAL PLACES, BUT FUTURE DEVELOPMENT IS TO BE CONCENTRATED IN AND AROUND EXISTING TOWNS AND COMMUNITIES.
GOING INTO PUBLIC INPUT, UH, THE HEARING WAS ADVERTISED, UH, THE HEARINGS WERE ADVERTISED, UH, AND ADJACENT OWNERS NOTIFIED PER STATE CODE.
THERE WERE THREE RESPONDENTS FROM THE TOWN OF ANANDCOCK WHO ARE NOT ADJACENT OWNERS.
UH, THEY PROVIDED WRITTEN OPPOSITION TO THE APPLICATIONS, AND THAT INFORMATION WAS PROVIDED TO YOU, UH, ELECTRONICALLY EARLIER THIS WEEK, AS WELL AS IN HARD COPY TONIGHT.
AND THEN WE HAVE A COUPLE OF RECOMMENDED MOTIONS HERE FOR YOU, BUT THAT CONCLUDES THE STAFF REPORT.
AND, UH, YOU'VE BEEN ASKING QUESTIONS ALL ALONG.
I APPRECIATE YOUR PATIENCE AS THIS IS, UM, CLEARLY A, UH, UH, A SIGNIFICANT, UH, DEVELOPMENT PROPOSAL FOR ACCOMACK COUNTY.
BUT, UM, I CAN TRY TO FIELD ANY QUESTIONS YOU HAVE AT THIS TIME.
I WOULD ALSO LIKE TO MENTION, UM, UH, VICE CHAIR PETIT, UH, AS WE HAD TALKED BEFOREHAND, THAT MR. CARBAUGH IS HERE AND IS ALLOTTED 10 MINUTES PER THE COMMISSION'S BYLAWS TO MAKE A PRESENTATION.
ANY QUESTIONS FOR THE ADMINISTRATOR? NO.
SO WE'LL TURN, UH, THE PODIUM OVER TO THE APPLICANT FOR HIS 10 MINUTES.
FOR THE RECORD, UH, CHRIS CARBAUGH, PRINCIPAL WITH ATLANTIC GROUP AND ASSOCIATES.
UM, FIRST I'D LIKE TO THANK, UH, LEE, UM, AND THE STAFF FOR THE THOROUGH REVIEW OF THE, UH, APPLICATION.
UM, WE'RE HAPPY TONIGHT TO, UH, TO BE HERE TO GIVE YOU A, UH, A BRIEF OVERVIEW FOR, YOU KNOW, ALTHOUGH I KNOW MOST OF YOU ARE VERY FAMILIAR WITH, WITH OUR APPLICATION, THOSE IN THE PUBLIC MAY, UH, BE HEARING THIS FOR THE FIRST TIME.
UM, I WOULD LIKE TO SAY, UH, MR. ODUCHOWSKI APOLOGIZES FOR NOT BEING ABLE TO BE HERE THIS EVENING.
HE HOPED TO BE HERE, BUT, UH, YOU KNOW, UM, HE WANTED TO KNOW, UH, YOU ALL TO KNOW THAT, UH, THIS IS, UH, A VERY IMPORTANT PROJECT TO HIM AND HIS GROUP.
SO, UM, JUST A QUICK, UM, PRESENTATION HERE.
UM, MAYBE WE CAN START WITH THE NEXT SLIDE.
AS YOU CAN SEE, THIS IS JUST A SITE PLAN OVERVIEW OF THE PROJECT, BUT AS, UH, MR. PAMPET STATED, UM, WE'RE LOOKING AT, UM, JUST OVER 57 ACRES, UM, AND 35 PARCELS THAT DO EXIST.
UM, YOU KNOW, OBVIOUSLY DUNCAN MANOR IS AN EXISTING SUBDIVISION, UM, OF, YOU KNOW, MOST OF THOSE LOTS WHERE MOST OF THOSE LOTS ARE ALREADY, UM, 50 FOOT IN WIDTH.
UM, OF THOSE 57 ACRES, WE ARE ASKING TO REZONE JUST OVER 53 ACRES, UM, UH, TO VILLAGE DEVELOPMENT.
SO THE PROJECT WILL ENTAIL 154 SINGLE FAMILY LOTS.
JUST OVER 20 ACRES IS PLANNED TO BE RETAINED IN OPEN SPACE, WHICH IS JUST, UH, UNDER 38% OF THE PROPERTY.
AND AS MR. PANTHET SAID, WE ARE RETAINING, ARE PLANNING TO, TO RETAIN TWO COMMERCIAL PARCELS, ONE AT THE INTERSECTION OF MARKET STREET FAIRGROUNDS ROAD, AND ONE ON MARKET STREET AND THE INTERSECTION OF DUNCAN MANOR ROAD.
[01:20:03]
SO, YOU KNOW, WHY IS THIS LOCATION APPROPRIATE FOR GROWTH? UM, YOU KNOW, THE PROPERTY LIES BETWEEN, YOU KNOW, THE TOWNS OF NANCOCK AND ONLY.IT'S IN CLOSE PROXIMITY TO NUMEROUS COMMERCIAL AMENITIES AND SERVICES.
THE COMPREHENSIVE PLAN IDENTIFIES ONLY IN ANCOCK AREAS AS AN APPROPRIATE PLACE FOR COMPACT DEVELOPMENT.
UM, THE PLAN, THIS PLAN PROPOSES TO, YOU KNOW, INCORPORATE CONNECTED STREETS, NOT JUST TO, TO MARKET STREET, UM, BUT TO ALSO THE COASTAL SQUARE PROJECT AS, UH, MR. PANTON MENTIONED.
UM, WE HAVE SUBSTANTIAL OPEN SPACE.
UM, WE'RE, YOU KNOW, WITH THIS PROPOSAL CONCENTRATING, YOU KNOW, UM, A GOOD NUMBER OF HOMES, YOU KNOW, IN A SPECIFIC AREA THAT, YOU KNOW, REDUCES PRESSURE ON OUR AGRICULTURAL LAND OUT IN THE COUNTY.
I THINK THAT'S A BIG GOAL FOR ACCOMACK COUNTY AND THE RESIDENTS HERE.
UM, SO AGAIN, THIS REZONING, YOU KNOW, IMPLEMENTS, YOU KNOW, MANY, YOU KNOW, OF THE, THE COMPREHENSIVE PLAN GOALS.
AS STATED, WE, WE, WE HAVE PROPOSED TWO DIFFERENT LOT SIZES.
UM, YOU KNOW, WHAT I WOULD CALL THE, THE, THE EASTERLY PORTION OF DUNCAN MANOR PORTION IS A CONTINUATION OF THE 50 FOOT WIDE LOTS THAT ARE, ARE PRESENT THERE TODAY, UM, WITH A MINIMUM SQUARE FOOT OF 60,000 SQUARE FEET OR 6,000 SQUARE FEET.
UM, 61, UM, LOTS ON WHAT WE CALL THE HOPKINS FARM OR THE WESLEY PORTION ARE PROPOSED TO BE S - A MINIMUM OF 60 FOOT WIDE LOTS AT 7,500 SQUARE FEET.
AND AGAIN, IT'S IMPORTANT TO UNDERSTAND AS, AS WE DISCUSSED BEFORE WITH THE PLANNING COMMISSION AND STAFF, OUR GOAL HERE IS TRY TO GET A MORE AFFORDABLE HOUSING PRODUCT INTO ACCOMACK COUNTY.
UM, EVERY ADDITIONAL FOOT OF FRONTAGE AFFECTS THE COST OF A HOME.
YOU KNOW, IT ADDS UP WHEN YOU'RE TALKING ABOUT CURB, DRAINAGE, UM, SEWER, AND OTHER UTILITIES.
UM, SO THIS COMPACT SIZE DEVELOPMENT ALLOWS US TO MAKE A MORE AFFORDABLE PRODUCT.
AGAIN, JUST A QUICK OVERVIEW, SO, YOU KNOW, YOU CAN KIND OF DEPICT WHAT IS PLANNED TO BE OPEN SPACE, WHAT THE 20 ACRES IS MADE UP, UM, OF.
SO THE GREEN AREAS HERE ON THE PROJECT ARE AREAS PROPOSED OR COUNTED AS COMMUNITY OPEN SPACE.
AND AGAIN, AS A FOLLOW-UP TO THE OPEN SPACE, I KNOW ONE OF THE QUESTIONS WAS THE RELATIONSHIP TO THIS PROJECT AND COASTAL SQUARE.
ALTHOUGH THESE ARE TWO DEVELOPMENT GROUPS, THEY ARE WILLING TO WORK TOGETHER, UM, TO MAKE A COMPREHENSIVE COMMUNITY HERE, BRING THOSE DIFFERENT HOUSING OPTIONS AND TYPES WITHIN, YOU KNOW, ONE COMMUNITY WHERE THE AMENITIES CAN BE SHARED.
UM, YOU KNOW, AGAIN, TO REDUCE COSTS, WE DID START OUT WITH ORIGINAL PLANS WHERE WE HAD AMENITY AREAS PROPOSED ON THE DUNCAN MANOR PROJECT, BUT AGAIN, THAT INCREASES THE COST, WHICH GETS PAST ONE THROUGH HOUSING.
SO WE THOUGH IT'D BE BEST TO REDUCE, UM, THE, THE, THE NUMBER OF CLUBHOUSES AND AMENITIES AND SHARE THOSE IN INTEREST OF GETTING A MORE AFFORDABLE HOUSING PRODUCT.
AS FAR AS INFRASTRUCTURE, UM, AS MR. PAMPAS STATED, UM, THE PROPOSAL WOULD BE TO UTILIZE THE, THE, THE SANITARY SEWER WITH HRSD.
UM, YOU KNOW, WATER HAS BEEN, YOU KNOW, AN ASPECT THAT WE'VE BEEN WORKING ON FOR MONTHS.
UM, I THINK WE'VE BEEN WORKING ON THIS PROJECT FOR ABOUT A YEAR, UM, JUST, YOU KNOW, TRYING TO PUT THE PIECES OF THE PUZZLE TOGETHER.
UM, WHEN WE START THIS PROJECT, YES.
UM, IT WAS, UM, CONTEMPLATED THAT A MANCOCK WOULD SERVE THIS PROJECT WITH WATER.
UM, WE HAVE MADE THAT REQUEST TO THE TOWN OF ANANCOCK AND, UM, PER OUR MEETING WITH TOWN COUNCIL, IT WAS TO BE SENT BACK TO THE PLANNING COMMISSION FOR CONSIDERATION.
WE HAVE NOT HEARD ANYTHING, UM, ON THAT FRONT TO DATE.
UM, BUT, YOU KNOW, IN TALKING WITH, UM, THE HEALTH DEPARTMENT AND DEQ, THERE IS THE OPPORTUNITY TO PROVIDE WATER BY PRIVATE WELLS.
YES, THERE'S ALSO THE OPPORTUNITY TO COME IN WITH A CENTRAL WATER SYSTEM.
UM, BOTH THOSE ARE PERMISSIBLE, BUT AGAIN, THE CENTRAL WATER SYSTEM COULD ADD SUBSTANTIAL COST TO THE HOUSING VERSUS AN INDEPENDENT WELL, BECAUSE IT'S JUST WITH THE TREATMENT, THE COLLECTION SYSTEMS THAT ARE REQUIRED FOR THE PUBLIC WATER SYSTEM, IT DOES ADD ADDITIONAL COSTS.
SO AGAIN, WE'RE TRYING TO THINK ABOUT HOW DO WE GET THE MOST AFFORDABLE HOUSING PRODUCT, YOU KNOW, HERE IN ACCOMACK COUNTY.
THAT WAS THE REASON THAT, YOU KNOW, IF WE DON'T GET, UM, PERMISSION TO CONNECT TO AN ANCOCK, THAT WE THOUGHT, UM, INDIVIDUAL WELLS WOULD BE, UM, THE PREFERRED WAY TO GO.
UM, SO AGAIN, UNDERSTANDING THAT, YOU KNOW, THIS REZONING IS THE FIRST STEP OF THE PROCESS.
WE STILL HAVE TO WORK THROUGH SOME OF THOSE QUESTIONS, GET SOME OF THOSE
[01:25:01]
ANSWERS, YOU KNOW, WE'LL HAVE SUBSEQUENT, YOU KNOW, SUBDIVISION ENGINEERING, STORMWATER, VDOT, UM, PERMITS, YOU KNOW, IT IS A VERY DETAILED, COMPREHENSIVE PROCESS THAT UNFORTUNATELY TAKES YEARS TO COMPLETE.UM, IT'S NOT, UH, SOMETHING THAT HAPPENS OVERNIGHT.
UM, AND I THINK TO ANSWER ONE OF THE QUESTIONS, YOU KNOW, HOW LONG DOES THIS TAKE TO GET PERMITTED? I WOULD SAY A REASONABLE TIMEFRAME FOR GETTING ALL YOUR PERMITS WITH ALL THE AGENCIES CAN EASILY TAKE TWO, LIKELY MORE CLOSER TO THREE YEARS TO GET ALL YOUR PERMITS FOR A PROJECT THIS SIZE.
SO AGAIN, UM, JUST FINDING SUPPORTING OUR APPROVAL, UM, YOU KNOW, FUTURE LAND USE PLAN IDENTIFIES THIS SITE AS VILLAGE DEVELOPMENT.
UM, THE PLAN CONCENTRATES GROWTH, UM, WITHIN THE, ONLY IN ANCOCK AREAS.
UM, ADDITIONAL HOUSING, YOU KNOW, WILL BE PROVIDED, YOU KNOW, HOPEFULLY ADDRESSING THE KNOWN HOUSING SHORTAGE THAT'S, UH, IN ACCOMACK COUNTY.
SMALLER LOTS CAN BROADEN HOUSING FORCES AND REDUCE THE PER HOME DEVELOPMENT COST AND HOUSING COST.
20 ACRES OF THIS SITE HAS BEEN RETAINED AS, AS OPEN SPACE, UM, WITH A LOT OF COMMUNITY FEATURES, UM, SIDEWALKS, CONNECTIVITY TO THE TOWN, UM, ADJACENT COMMERCIAL SERVICES TO COASTAL SQUARE.
UM, RE- RETAIN SOME, YOU KNOW, COMMERCIAL PARCELS FOR OTHER ECONOMIC OPPORTUNITIES.
UM, AND AGAIN, THIS REZONING, IT'S THE FIRST PROACTIVE STEP WE CAN TAKE TO PROVIDE HOUSING OPTIONS IN ACCOMACK COUNTY WITH A LOT OF FUTURE REMAINING APPROVALS AND PERMITS TO, TO, TO GET IN PLACE.
BUT, UM, YOU KNOW, THAT'S MY OVERVIEW, UM, OF THE PROJECT.
I WOULD BE HAPPY TO ANSWER ANY SPECIFIC QUESTIONS YOU HAVE OF THE APPLICATION.
ANY CONTACT WITH THE LOCAL ACCOMACK NORTH ACT PLAN, UH, HOUSING AUTHORITY, UH, THAT THEY WOULD NEED OR LIKE TO SEE YOU DO? HAVE YOU, HAVE YOU TALKED TO THEM AT ALL? WELL, I MEAN, WE REFER TO STUDIES THAT THEY, THEY'VE OBVIOUSLY DONE IN THE PAST WHEN WE KIND OF LOOK AT, YOU KNOW, MARKET DEMAND AND, AND, YOU KNOW, WHAT WE CAN ACCOMPLISH.
UM, AGAIN, WE, WE'RE TRYING TO PROVIDE A NICE AFFORDABLE HOUSING PRODUCT.
YOU KNOW, THE MIX HERE IS PRETTY COMPREHENSIVE IF YOU PUT DUNCAN MANOR TOGETHER WITH COASTAL SQUARE FROM DIFFERENT SIZED SINGLE FAMILY TO DIFFERENT TYPES OF MULTI-FAMILY.
I THINK THAT'S, YOU KNOW, A BIG FOCAL POINT OF THE HOUSING STUDY THAT WAS DONE BY, UM, THE ACCOMACK NORTH PLANNING D- DISTRICT.
YOU KNOW, WE SOLVE ALL THE PROBLEMS OF HOUSING IN ACCOMACK COUNTY.
WE CAN'T DO IT ALL, BUT WE THINK THIS COULD BE A BIG STEP TO ADDRESS A LOT OF THE HOUSING PROBLEMS THAT WE HAVE IN THE COUNTY.
WHAT WOULD BE THE, UH, PROGRESSION OF CONSTRUCTION? WELL, IT DEFINITELY WOULD BE A PHASE PROJECT.
I MEAN, I THINK, YOU KNOW, OBVIOUSLY WE, YOU KNOW, WE PROVIDED, I THINK, A PHASING, UM, PLAN TO THE, UH, TO STAFF, BUT, YOU KNOW, YOU'RE LIKELY SEEING A PROJECT LIKE THIS WHERE, YOU KNOW, YOU WOULD TYPICALLY SEE SOMEWHERE BETWEEN 50 TO 75 UNITS BE KIND OF DEVELOPED AT A TIME.
SO THIS DOESN'T POP UP OVERNIGHT EITHER, JUST LIKE OTHER, ANY OF THE OTHER LARGER PROJECTS WE PROPOSED IN THE COUNTY OR ANYWHERE ON THE SHORE.
UM, ALL THESE PROJECTS GET PHASED, BUT WHAT THIS DOES BY GETTING THE ULTIMATE ZONING APPROVAL IN PLACE IS ALLOW US TO, YOU KNOW, GET THOSE PERMITS, WHETHER IT'S FOR THE ULTIMATE DEMAND OF WATER, SEWER, FIGURING OUT HOW WE'RE GONNA ADDRESS THAT, HOW DO WE GET, YOU KNOW, THE ROAD SIZE PROPERLY WITH VDOT, ALL THAT HAS TO BE TAKEN INTO ACCOUNT FROM THE GET-GO, UM, BEFORE WE CAN REALLY GET THOSE PERMITS.
IT DOESN'T MAKE SENSE TO JUST, YOU KNOW, WORK ON A SMALL PIECE AS FAR AS AN APPROVAL WHEN YOU'RE TALKING ABOUT A PROJECT LIKE THIS, BECAUSE IF YOU HAD TO COME BACK AND REDO THAT INFRASTRUCTURE OR CONTINUOUSLY EXPAND ROADS OR DIESEL LANES OR TURN LANES, THE COST JUST CAN ADD UP S- SIGNIFICANTLY OVER TIME.
ARE YOU SAYING THAT YOU'RE NOT GOING TO EXPECT YOUR ROADS TO BE, UH, CONVEYED TO THE VDOT? NO, I MEAN, THE, THE INTENT FOR MOST OF THESE, AND I, I THINK IT'S THE, UH, DESIRE OF, OF VDOT THAT, YOU KNOW, THEY DON'T HAVE TO TAKE ON THE MAINTENANCE OF THE ROADS, THAT, YOU KNOW, IF THEY'RE DONE TO THEIR STANDARDS, THAT THE HOMEOWNER'S ASSOCIATION BE RESPONSIBLE FOR THOSE ROADS.
I WILL SAY, TO ANSWER ONE OF YOUR EARLIER QUESTIONS, I KNOW IT WAS ABOUT ROAD WIDTH, UM, 24 FOOT WIDE ROADS ARE WHAT IS REQUIRED AS FAR AS ROAD WIDTH.
[01:30:01]
UH, OR VDOT.THAT'S THE TYPICAL SIZE ROAD WE'VE DONE IN EVERY SUBDIVISION WE PRETTY MUCH HAVE EVER DONE IN ACCOMACK COUNTY.
THAT DOES ADD THOUGH, YOU GOT THE, THE, THE 24 FOOT OF PAVEMENT, AND THEN YOU HAVE TWO FEET OF CURVE ON BOTH SIDES OF THOSE, UM, EDGES OF PAVEMENT.
I'VE SAID THIS BEFORE, UH, WITH COASTAL DEVELOPMENT, YOU ARE NOT BUILDING A VILLAGE, YOU'RE BUILDING A TOWN.
IF THIS DEVELOPMENT WITH COASTAL SQUARE AND YOU'RE GONNA ADD IT TO IT, UM, IT WILL BE SECOND ONLY TO SHINKENTIG IN SIZE.
IT SHOULD BE INCORPORATED, IT SHOULD HAVE A WATER TOWER, IT SHOULD HAVE ITS OWN POLICE FORCE, AND IT SHOULD HAVE ITS OWN TOWN CENTER BECAUSE THIS IS NOT A VILLAGE DEVELOPMENT.
IN LIGHT OF THE FACT THAT WE DO NEED HOUSING AND THAT EVERYBODY THAT'S WORKING UP AT WALLOPS AND NASA IS MOVING TO BERLIN AND SNOW HILL, WE NEED TO HAVE HOUSING HERE.
SO I DON'T HAVE AN ISSUE WITH IT IN SO MUCH AS THAT, YOU KNOW, WE'RE CALLING ALL OF THESE VILLAGE DEVELOPMENTS WHEN WE'RE BUILDING TOWNS.
UH, THE OTHER SIDE OF THAT COIN IS, YOU KNOW, WE HAVE TO HAVE, WE HAVE TO BE CONSISTENT WITH WATER.
EVERY MEETING WE'VE HAD IN THE PAST YEAR OR MORE, SOMEBODY SOMEWHERE SOMEHOW HAS BEEN TALKING ABOUT THE AQUIFERS IN THIS COUNTY.
AND WE HAVE TO BE COGNIZANT OF THAT FACT.
AND I REALIZE THAT IF YOU PUT IN 30 INDIVIDUAL WELLS, DEQ'S GOT TO SPEAK TO IT.
I DON'T KNOW THAT PROCESS OR HOW IT WORKS.
BUT, YOU KNOW, WE HAVE SAID IN THE PLANNING DOCUMENTS AND, AND WHAT WE WANT IN THE VILLAGE DEVELOPMENT, WHICH AGAIN, THIS IS NOT, THIS IS A TOWN, UH, WE WANT CENTRAL, UH, SEWAGE AND CENTRAL WATER.
SOUNDS LIKE YOU'VE GOT CENTRAL SEWAGE WORKED OUT.
UM, I THINK IF YOU FIGURE OUT THE WATER ISSUE FOR ALL THESE HOUSES, UM, IT'D BE A FINE PROJECT.
BUT - YEAH, THAT'S WHAT WE HAVE TO THINK ABOUT.
THINK ABOUT IT AS A COUNT, AS A COUNTY.
I MEAN, AGAIN, THIS IS MADE UP, I THINK, REALLY TOTAL, IT'S ABOUT JUST UNDER 40 PARCELS THAT EXIST HERE TODAY.
I MEAN, DUNCAN MANOR IS AN EXISTING SUBDIVISION.
YES, WE'RE ADDING, I THINK IT'S JUST OVER 100 UNITS, 119 UNITS TO DUNCAN MANOR, UM, IF YOU LOOK AT IT THAT WAY.
UM, BUT, YOU KNOW, IF WE AS A COUNTY WANT TO PROVIDE THIS KIND OF DEVELOPMENT WITHOUT A NANCOCK PROVIDING WATER, WHERE ELSE COULD WE EVEN DO IT IN THE COUNTY? SHANKENTIG'S DEVELOP, YEAH, THEY HAVE THEIR OWN WATER THERE, BUT THEY DON'T HAVE ANY PLACE THAT WE COULD DO IT.
AND OBVIOUSLY THEY HAVE THEIR OWN ORDINANCES.
BUT, YOU KNOW, WE HAVE, YOU KNOW, A VILLAGE DEVELOPMENT ORDINANCE AND A COMPREHENSIVE PLAN THAT SAYS THIS IS THE KIND OF HOUSING WE SHOULD BE STEERING OR, OR DEVELOPING, BUT WE DON'T HAVE THAT, THAT WATER RESOURCE, THAT CENTRAL WATER IF IN TOWNS LIKE THE NANCOCK DO NOT EXTEND THAT SERVICE.
UM, YOU KNOW, AGAIN, THIS WAS STARTED OUT, YOU KNOW, YES, THINGS HAVE CHANGED WITHIN NANCOCK.
THEY'VE LOST, YOU KNOW, CHANGED TOWN MANAGERS.
THEY'VE CHANGED COUNCIL MEMBERS.
UM, WHEN THIS STARTED, IT WAS NOT GONNA BE AN ISSUE.
THE WHOLE, THE, THE WHOLE INTENT WAS WE WERE GONNA LOOP THIS SYSTEM USING COUNTY EASEMENTS, BRING IT AROUND FROM RIVERSIDE, GO AROUND THROUGH COASTAL SQUARE, AND THIS WAS ONE OF, GONNA BE A LOOP WATER SYSTEM, UM, FOR THAT AREA TO, TO, YOU KNOW, BE ACCOMMODATED BY.
BUT THINGS HAVE CHANGED, YOU KNOW, WE'RE TRYING TO FIGURE OUT HOW TO ADAPT, BUT STILL MAKE THIS WORK AND BRING THAT HOUSING TYPE, YOU KNOW, THAT WE SAY WE WANNA BRING FOR A COMPREHENSIVE PLAN IN THESE RECENT HOUSING STUDIES.
WELL, I LOVE THE TERM AFFORDABLE, UH, BECAUSE I DON'T THINK IT'S TRUE.
UH, I, I DON'T THINK IT'S GOING TO BE AFFORDABLE, BUT THAT'S, YOU KNOW, THAT'S THE MARKETING TEAM'S PROBLEM, NOT MINE.
UM, I, AND, AND YOU KNOW, MOST TOWNS ON THE EASTERN SHORE, INCLUDING NORTHAMPTON COUNTY, HAVE WATER TOWERS AND THESE TWO DEVELOPMENTS NEED A WATER TOWER.
AND, AND, YOU KNOW, I JUST DON'T KNOW HOW YOU'RE GOING TO GET AROUND THE FACT THAT ONE OF THE THINGS THAT WE'RE REQUIRING IN VILLAGE DEVELOPMENTS FOR THE LAST 10 YEARS HAS BEEN CENTRAL WATER AND CENTRAL SEWER.
WE FINALLY GOT HRSD ON THE EASTERN SHORE, THANK GOODNESS.
UM, BUT WE'VE GOT TO STICK TO OUR GUNS ON, ON WATER.
IF WE'RE GOING TO DO THESE THINGS, WE NEED DEVELOPERS WHO, UH, CAN SUPPLY WATER AND THE DEQ AND ALL THE RELEVANT AGENCIES CAN UNDERSTAND WHAT'S GOING ON WITH THE AQUIFERS.
THAT'S MY, THAT'S MY - WE ALL NEED TO BE CAREFUL WITH THE, I KNOW THAT'S A BIG CONCERN, A, A RECENT TOPIC RIGHT NOW.
YOU KNOW, YES, WE WANT TO BE GOOD STEWARDS OF, OF, YOU KNOW, USING OUR, OUR, OUR WATER RESOURCE.
UM, YOU KNOW, RIGHT NOW, I MEAN, YOU KNOW, 29% OF THE, YOU KNOW, CONSUMPTION COME, COMING OUT OF THIS SOLE SOURCE
[01:35:01]
AQUIFER IS FOR RESIDENTIAL.THAT'S, IT'S, IT'S NOT THE MAJORITY OF WHAT'S BEING, YOU KNOW, WITHDRAWN OUT OF OUR AQUIFER.
71% OF IT'S USED FOR AGRICULTURAL AND POULTRY PROCESSES.
UM, BUT, YOU KNOW - JOB DRIVERS.
YEAH, BUT I MEAN, THESE HOUSES - THIS IS A JOB DRIVER TOO.
THE, THE POULTRY INDUSTRY IS GOING TO DECLINE WHILE THE NASA INDUSTRY INCREASES.
UM, YOU KNOW, I'VE HEARD STORIES THAT THEY'RE GOING TO TRY AND RAISE THAT ISLAND BY SIX FEET.
I'VE HEARD STORIES THEY'RE GOING TO TRY AND PUT LAUNCH PADS OUT IN THE WATER ON PYLONS AND WE NEED HOUSING HERE.
MY POINT IS, IS THAT IF WE'RE GOING TO BUILD THESE THINGS, AND I THINK WE SHOULD, WE NEED TO UNDERSTAND AND MAKE SURE THAT THE, THE INTENT AND THE NATURE OF THIS IS TO PROVIDE WATER AND SEWAGE.
IT, IT, IT IS A BIG PUZZLE AND, AND ALL WE CAN DO IS, YOU KNOW, DO OUR BEST WITH PROPOSALS, HOPE TO WORK WITH, WITH STAFF, YOUR PLANNING COMMISSION, YOUR BOARD OF SUPERVISORS ON HOW WE CAN BEST MAKE THIS HAPPEN.
THAT'S ALL WE CAN DO IS PUT OUR BEST FOOT FORWARD.
UM, YOU KNOW, LIKE I SAID, THESE ARE, YOU KNOW, YES, BIG, BIG PROJECTS FOR MOST JURISDICTIONS, ESPECIALLY ACCOMACK COUNTY, I UNDERSTAND THAT.
UM, THERE'S BIG BENEFITS THAT COME WITH THIS PROJECT.
UM, YOU KNOW, AGAIN, STRAIGHT FROM VIRGINIA HOUSING, UM, YOU KNOW, THIS, THIS PROJECT ALONE, THIS IS NOT CHRIS CARBAUGH'S DATA OR MATT ODOWSKI'S DATA RIGHT FROM THEIR VIRGINIA HOUSING WEBSITE.
YOU KNOW, YOU PLUG IN THE DATA THAT, YOU KNOW, THIS, THIS PROJECT ALONE WOULD CREATE 391 SHORT-TERM JOBS, UM, SUBSTANTIAL LONG-TERM JOBS, YOU KNOW, BASICALLY BE A $28 MILLION INVESTMENT INTO ACCOMACK COUNTY THAT, YOU KNOW, IT RESULTS IN, YOU KNOW, 25 MILLION IN ECONOMIC GROWTH, UM, YOU KNOW, OVER A MILLION DOLLARS IN REVENUE.
SO, YOU KNOW, THERE'S A LOT OF THINGS WE NEED TO WEIGH HERE, YOU KNOW, BECAUSE, YOU KNOW, I HEAR ABOUT THE HOUSING, I HEAR ABOUT THE JOB CREATION, I HEAR ABOUT THE WATER AND HOW WE CAN BEST DO THIS.
I MEAN, AGAIN, WE KNOW NANCOCK HAS A PERMIT TO WITHDRAW THE WATER CAPABLE OF SERVING THIS PROJECT, BUT, YOU KNOW, THEY'RE NOT SURE THERE'S A DESIRE RATE YET TO, TO OFFER THAT.
UM, SO WE KNOW THAT WATER'S THERE, YOU KNOW, AND, YOU KNOW, HEY, IF THEY'RE NOT GONNA USE IT, MAYBE, YOU KNOW, IT GETS REDIRECTED BY, BY DEQ TO SOMEONE ELSE WHO NEEDS IT.
BUT, YOU KNOW, IT, YOU KNOW, FOR US, IT IS A SHAME, YOU KNOW, WE DO DEPEND ON OUR TOWNS TO PROVIDE THIS SER- SERVICE BECAUSE WE DON'T REALLY HAVE OTHER EASY OPTIONS.
SO YOU'RE SAYING THAT THIS IS A $28 MILLION PROJECT? YES.
THAT IS NOT AFFORDABLE HOUSING.
WELL, THE, THIS IS HOUSING THAT YOU'LL FIND IN THE 200S.
BUT, OKAY, SO MAYBE IF YOU GOT ENGINEERS FROM NASA COMING IN, BUT, YOU KNOW - WELL, AS I SAID FROM DAY ONE...
AN HOUR, WE'RE NOT GONNA HAVE AFFORDABLE HOUSING.
SO I'M TIRED OF HEARING THE AFFORDABLE HOUSING.
IT'S, IT'S WHAT I CALL, WHAT WE CAN BUILD IN, AS FAR AS NEW CONSTRUCTION, THE MOST AFFORDABLE HOUSING.
THAT'S WHAT I KIND OF, YOU KNOW, I, I, AS I'VE SAID MANY TIMES, I CAN'T SOLVE ALL THE HOUSING ISSUES OR, YOU KNOW, DIFFERENT PLACES ON THE SHORE.
THERE'S, THERE'S ALL DIFFERENT LEVELS OF THAT.
WE'LL, WE'LL NOW ALLOW TIME FOR THE PUBLIC, UH, COMMENT, UH, PORTION OF THIS, UH, HEARING.
IF YOU WOULD GO AHEAD AND OFFICIALLY OPEN THE PUBLIC HEARING AND THEN WHEN EVERYTHING'S DONE WE'LL GO AHEAD AND CLOSE IT.
WITH THAT, WE NOW OPEN THE PUBLIC HEARING FOR DANC - UH, DUNCAN MANOR SUBDIVISION.
UH, THOSE PERSONS WHO HAVE SIGNED UP TO SPEAK WILL CALL YOU IN THE ORDER THAT YOU SIGN UP.
WE ASK THAT YOU STATE YOUR NAME AND WHERE YOU LIVE, UH, WHETHER YOU OPPOSE OR, UH, APPROVE AND YOUR REASONS FOR THAT.
WITH, WITH THAT, YOU'LL BE ALLOWED THE FOUR MINUTES.
UH, STAFF WILL, WILL SET THE TIMER FOR YOU.
SO WITH THAT, WE'LL INVITE ROSEMARY? YES.
I LIVE IN THE TOWN OF ONANCOCK, AND I WANNA SAY, FIRST OF ALL, WITH RESPECT TO AFFORDABLE HOUSING, YOU KNOW, IS IT GOING TO BE 300,000, 400,000, OR 500,000? SO I THINK I AGREE WITH THIS GENTLEMAN HERE, MR. TYLER, THAT IT'S REALLY, IT'S AFFORDABLE FOR SOME PEOPLE, BUT NOT FOR PROBABLY THE PEOPLE IN THE COUNTY WHO NEED IT MOST.
WITH RESPECT TO THE WATER, I WANNA SAY THAT THERE'S...
NOW, I DON'T SPEAK FOR THE GOVERNMENT OF ONANCOCK, BUT WE DO HAVE A NEW, UM, TOWN MANAGER AND WE HAVE NEW PEOPLE ON COUNCIL.
AND SOME OF THE REASONS FOR THAT IS THE WATER.
WE'VE HAD, UM, FAILING INFRASTRUCTURE WITH
[01:40:01]
OUR PIPES OVER THE PAST, UM, COUPLE OF YEARS.AND WE'RE ALSO EXTREMELY CONCERNED ABOUT SALT WATER INTRUSION.
AND WE REALIZE HOW CLOSE WE ARE TO THE BAY, THAT THERE ARE, UM, MANY STREAMS GOING THROUGH THE TOWN, MANY, UM, INLETS, AND OUR, UM, WELLS ARE REALLY, UM, QUITE VULNERABLE, AS ARE THE WELLS IN CAPE CHARLES.
SOME OF THEM HAVE ALREADY SUFFERED SALT WATER INTRUSION, AND I UNDERSTAND, UH, CAPTAIN'S COVE ALSO HAS SIGNIFICANT SALT WATER INTRUSION.
ONCE IT COMES IN, YOU CANNOT STOP IT.
NOW, I UNDERSTAND DEVELOPMENT, AND I'M SURE THAT THE GENTLEMAN HERE KNOWS THE COST OF PUTTING UP A WATER TOWER, DIGGING THEIR OWN WELLS.
SO WHAT THEY'RE REALLY CONCERNED ABOUT IS NOT SO MUCH THE AFFORDABILITY, BECAUSE THEY'LL SELL THESE HOUSES FOR WHATEVER THEY CAN SELL THEM FOR.
THEY JUST DON'T WANNA INVEST IN THE INFRASTRUCTURE.
AND I ALSO AGREE WITH MR. TYLER HERE SAYING THAT THEY'RE NOT REALLY BUILDING A DEVELOPMENT, THEY'RE BUILDING ESSENTIALLY A TOWN, AND THEY SHOULD HAVE THE INFRASTRUCTURE FOR THAT TOWN.
THEY'RE GOING TO BE RELYING ON THE SURROUNDING TOWNS FOR THEIR FIRE SERVICE.
THEY WANT THE WATER FROM YOU KNOW, SPEAKING FOR MYSELF AND MANY OF MY NEIGHBORS AND FELLOW RESIDENTS, WE'RE OPPOSED TO THAT.
NOW, WHAT THE COUNCIL AGREES TO IN THE END, YOU KNOW, THAT'S, THAT WILL BE THEIR DECISION.
BUT I DON'T THINK THAT WE SHOULD BE HELD ACCOUNTABLE IF ALL OF A SUDDEN WE CAN'T DELIVER PORTABLE WATER BECAUSE OUR WELLS HAVE SUFFERED SALT WATER INTRUSION.
AND IT'S A VERY, VERY REAL POSSIBILITY.
SO LET THAT REST ON THEM, LET THAT BE PART OF THEIR COST, 20, 28 MILLION DOLLARS, SPEND, YOU KNOW, ANOTHER 10 MILLION.
THEY'LL CERTAINLY GET IT BACK WHEN THEY SELL THESE HOUSES FOR WHATEVER THEY SELL THEM FOR.
I'M ALSO A RESIDENT OF, OF ADCOCK.
UM, SO SINCE IT'S THE SAME DEVELOPER, LET'S TALK ABOUT, UH, THE, THE WATER, UH, FOR BOTH DUNCAN MANOR AND COASTAL SQUARE BECAUSE THEY'RE TIGHTLY COUPLED AS WE, AS WE HEARD.
IN JULY, THE, UH, THE STATE DEQ PUBLISHED A REPORT.
UH, EVERYBODY SHOULD READ THIS REPORT.
AND THE SUMMARY SAYS, "REPORT WA- WARNS OF LIMITED GROUNDWATER SUPPLY, SALT WATER RISKS ON VIRGINIA'S EASTERN SHORE." AND IT GOES ON TO SAY SOME OTHER INTERESTING ITEMS TO HIGHLIGHTS.
THE AQUIFER IS LOSING, UH, STORED WATER.
THE, UH, PRIVATE RESIDENTIAL WELLS ARE NOT ACTUALLY MONITORED, SO WE DON'T KNOW HOW MUCH WATER THEY'RE ACTUALLY, UH, UH, UH, UH, PUMPING OUT.
THE, UM, THE DEQ EXPECTS THE DEPLETION OF THE AQUIFER TO CONTINUE BECAUSE IT, THE CURRENT PUMPING IS CLOSE TO THE HIGHEST LEVEL EVER RECORDED HERE ON THE EASTERN SHORE.
AND THE BEST PART IS THAT DEQ RECOMMENDS REQUIRING THE LOCAL GOVERNMENTS WITH GROUNDWATER MANAGEMENT AREAS TO CONSIDER WATER AVAILABILITY WHEN PREPARING THEIR CO- COMPREHENSIVE PLANS.
AND UNDER THAT PROPOSAL, PLAN GROWTH COULD BE LIMITED.
AND I THINK WE JUST HEARD ALL ABOUT IT.
SO LET ME, LET ME SHOW YOU A, UH, ANOTHER INTERESTING, UH, AGREEMENT.
IT'S, IT'S THE AGREEMENT THAT, UH, IN 2014, THAT THE COUNTY AND THE TOWN OF ANANCOCK CAME TO AN AGREEMENT TO PROVIDE WATER FOR THE HOSPITAL, A GOOD THING.
BUT LET ME READ YOU PARAGRAPH SEVEN.
IT SAYS, "THE TOWN SHALL HAVE NO RIGHT TO SELL WATER DIRECTLY TO ANY CUSTOMER LOCATED IN THE COUNTY OTHER THAN THE HOSPITAL AND OTHER FACILITIES OWNED BY THE HOSPITAL." NOW, IN 2024, AN ADCOCK'S TOWN MAN - EX-TOWN MANAGER, WITHOUT AUTHORIZATION, VIOLATED THAT AGREEMENT AND AGREED TO PROVIDE WATER TO COASTAL SQUARE.
THE COUNTY DOUBLED DOWN, VIOLATED THEIR SIDE OF THE AGREEMENT BY ACCEPTING THE SALE, AND AN ADCOCK'S TOWN COUNCIL THEN TRIPLED DOWN AND VIOLATED THEIR SIDE OF THE AGREEMENT BY ALSO APPROVING THE SALE.
AND NOW EVERYBODY WAS IN VIOLATION.
IN 2026, JUST A FEW WEEKS AGO, THE COUNTY SUPERVISORS REALIZED THEIR BLUNDER AND IN THE DARK OF NIGHT WITHOUT A PUBLIC HEARING, VOTED TO ANNULL THEIR SIDE OF THE 2014 AGREEMENT AND PRESENTED A PREPARED DOCUMENT TO DOC - TO AN ADCOCK'S OFFICIALS
[01:45:01]
FOR THEM TO ANNULL THEIR END.THE DOCUMENT CALLS FOR AN ADCOCK TO PROVIDE WATER FOR ANY DEVELOPER WHO WANTS IT, ASSUME ALL LIABILITIES FOR ANY PROBLEMS WITH THE SYSTEM AND RECEIVE NO LEGAL PROTECTIONS FOR THE TOWN.
THIS DOCUMENT IS SO EGREGIOUSLY ONE-SIDED THAT NO SELF-RESPECTING LAWYER WOULD EVER LET HIS CLIENT SIGN, AND SO THIS, THIS SITUATION SITS.
SO THE COUNTY WOULD LIKE TO PROVIDE, TURN THE TOWN OF AN ADCOCK INTO A PUBLIC WATER UTILITY, SOMETHING THE TOWN HAS NO BUSINESS BEING AND, AND BECOMING AND, AND AS THE VERY SMART 2014 SIGNEES OF THAT DOCUMENT RECOGNIZED BACK THEN, EXPECTING NANCOCK TO MAGICALLY BECOME A WELL-OILED AND WELL-FUNDED WATER DISPENSING MACHINE IS PURE FANTASY.
DUNCAN MANOR IS AN UGLY PROJECT.
IT'S DISJOINTED AND INCLUDES TOGETHER AN INDESPERATE EFFORT TO TRY TO APPROVE SOME PLAN AS WE ALL HEAR.
AND COMBINED WITH COASTAL SQUARE WILL BE A MASSIVE PROJECT THAT WILL ENGULF THE TOWN OF NANCOCK, CLOG OUR ROADS, SUCK UP OUR WATER IN NO SHAPE OR FORM WILL IT CONFORM TO OR CONTRIBUTE - YOU HAVE ABOUT 15 SECONDS LEFT.
IN NO SHAPE OR FORM DOES IT CONFORM TO OR CONTRIBUTE TO THE EASTERN SHORE LIFESTYLE THAT WE LOVE.
THEY LOOK TOTALLY OUT OF PLACE AND EVERYBODY IN HERE KNOWS IT.
DUNCAN MANOR SHOULD NOT BE APPROVED AND COASTAL SQUARE SHOULD NEVER HAVE BEEN APPROVED.
I'M A RESIDENT OF THE TOWN OF OMANCOCK.
AND I AM EXTREMELY OPPOSED TO THE DUNCAN MANOR DEVELOPMENT AS PRESENTED.
I DON'T KNOW WHAT THE PRICE RANGES WILL BE.
MAYBE MR. CARBO CAN GIVE US SOME MORE INFORMATION AS TO WHAT YOU CAN SELL THESE THINGS FOR.
HOWEVER, I KEEP HEARING AFFORDABLE.
I CAN'T SEE HOW THAT IS GOING TO BE.
I DIDN'T HEAR THE WORD WORKFORCE HOUSING.
SO I'M WONDERING IF THAT'S WHAT THIS IS GOING TO BE OR I CAN'T, I CAN'T IMAGINE BECAUSE I DON'T SEE HOW ANYBODY WORKING IN THIS AREA WOULD BE ABLE TO AFFORD ONE OF THESE HOMES.
UH, PRICE RANGE WOULD BE AN ISSUE.
I LOOKED AT THE, UM, MAP AND THE STREETS ARE EXTREMELY NARROW.
I WOULD IMAGINE THAT, UM, OUR FIRE TRUCKS WOULD HAVE A VERY DIFFICULT TIME, NOT JUST WITH INGRESS AND EGRESS, BUT GOING TO ANY PARTICULAR HOME WITHIN A CUL-DE-SAC, I, I CAN'T SEE HOW IT WOULD HAPPEN.
I DON'T KNOW HOW THEY WOULD TURN AROUND.
I, I DON'T KNOW WHAT THEY WOULD DO.
BUT I THINK THAT THAT IS A CHALLENGE.
IT WOULD OF COURSE BE MUCH BETTER IF IT WAS TREATED AS A TOWN AND THE DEVELOPMENT PROVIDED THEIR OWN SERVICES, POLICE, FIRE, AND ANYTHING ELSE THEY NEEDED, INCLUDING WATER.
UH, SO I THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION AND I DO HOPE THAT, UM, THIS PROJECT WILL NOT BE APPROVED AS IT IS.
THAT'S THE END OF THE ONES THAT I HAVE THAT ARE SIGNED UP FOR SPEAKING.
DO YOU HAVE ANYTHING DIFFERENT? WITH THAT, WE'LL CLOSE THE PUBLIC HEARING ON DALTON MANOR, UH, AT THIS TIME.
IF WE COULD GO BACK TO, UH, THE STAFF SLIDE DECK, SHANTI.
SO, UM, BEFORE WE PUT THE RECOMMENDED MOTIONS UP ON THE SCREEN, THERE ARE, THERE'S, UH, UM, ONE THING THAT THE PLANNING COMMISSION, I GUESS A COUPLE OF THINGS THAT THE PLANNING COMMISSION NEEDS TO DO.
AND NUMBER ONE IS TO, UH, GO DOWN THIS LIST OF, UH, OF WAIVERS AND MAKE ITS, UH, RECOMMENDATIONS KNOWN TO STAFF SO THAT WE CAN PROVIDE THAT INFORMATION TO THE PLANNING COMMISSION.
AND THEN WITH REGARDS TO THE, UH, UH, TO THE PROPOSED, UH, CONDITION REGARDING THE, UH, THE COMMERCIAL BUILDINGS, IT WAS NEVER THE STAFF'S INTENT TO RECOMMEND SENDING THAT TO THE BOARD OF SUPERVISORS, JUST TO THE PLANNING COMMISSION.
[01:50:01]
WHAT I WILL SAY IS THAT THAT CONDITION WAS, UH, ESSENTIALLY LIFTED FROM MARINER HASTINGS, WHICH WAS THEN APPLIED TO COASTAL SQUARE, BUT, UM, THE INTENT WAS TO KEEP THAT CONDITION CONSISTENT THAT THE PLANNING COMMISSION SEE THE BUILDINGS BEFORE THE COMMERCIAL IS, UH, IS CONSTRUCTED.THERE WAS NO, REALLY, REALLY NO NEED FOR THE BOARD OF SUPERVISORS, YOU KNOW, TO, TO TAKE IT TO THAT LEVEL.
IN ANY CASE, THOSE ARE THE TWO ITEMS THAT THE, UH, THAT THE STAFF WANTED TO, UH, ENSURE THE PLANNING COMMISSION WAS AWARE OF.
SO, UM, I, I WILL LEAVE IT AT THAT AND TURN THE, UH, UM, TURN IT BACK OVER TO YOU AND, UH - BEFORE YOU - BEFORE YOU DO THAT, UH, THE ONE I, THE ONE WAIVER THAT YOU DID NOT, THE STAFF DID NOT RECOMMEND, WHICH ONE WAS THAT? NUMBER ONE WITH REGARDS TO, UH, WAIVING THE 25-FOOT BUFFER.
NOW, I WILL MENTION THIS THOUGH.
SO, UH, GOING BACK TO THE, UH, GOING BACK TO THIS RIGHT HERE, AND SHANTIS, IF WE COULD, UH, ZOOM IN ON THE WAY, ON, ON THE, UH, UM, THE BERM HERE.
THIS IS A S - UH, THIS IS A, A, UH, A LANDSCAPED, I BELIEVE IT'S A SIX-FOOT HIGH BERM, AND YOU CAN SEE THAT THE, THAT THE BERM, UH, GOES BEYOND, BEHIND THESE RESIDENTIAL UNITS.
HOWEVER, THE ZONING ORDINANCE REQUIREMENT IS THAT THE 25-FOOT BUFFER, UH, EXTEND ALONG THE ENTIRE FRONTAGE OF ANY PUBLIC STREETS.
UH, IN THIS CASE, THAT WOULD BE THIS PORTION ON FAIRGROUNDS ROAD AND THEN, UH, UH, OF THE COMMERCIAL, AND THEN ANYTHING ALONG, UM, ALONG MARKET STREET.
UH, STAFF BELIEVES THAT THERE IS A WAY TO, UH, TO, UH, TO MAINTAIN THAT BUFFER WHILE STILL REARRANGING THE QUANTITY OF LANDSCAPING WITHOUT, WITHOUT LOSING THE BUFFER.
SO OUR RECOMMENDATION IS THAT THE, UH, THAT THE WAIVER, UM, UH, THAT, THAT WAIVER NOT BE APPROVED.
STAFF'S RECOMMENDATION IS TO KEEP THE 25-FOOT BUFFER AND ALLOW STAFF TO WORK WITH THE, UH, UH, WITH THE LANDSCAPE ARCHITECTS TO ESSENTIALLY REARRANGE, YOU KNOW, LIKE, WHAT- WHATEVER LANDSCAPING IS REQUIRED ALONG HERE TO ESSENTIALLY PUSH THE LANDSCAPING OFF TO THE SIDE, MAINTAIN THE QUAN - THE QUANTITY, MAINTAIN THE 25 FOOT BUFFER, AND TRY TO FIGURE OUT A WAY TO ENHANCE VISIBILITY TO THE BUSINESSES ON THOSE SITES.
UM, AND, UH, OF COURSE, YOU ARE ALREADY AWARE OF THE, UH, WAIVER REQUEST FOR, UM, UH, FROM CENTRAL WATER.
SO, I- I HAVEN'T HEARD YOU SPEAK OF ANY OTHER- OTHER WAIVER REQUESTS, BUT, UH, THOSE ARE THE TWO THAT, UM, SEEM TO BE A- A PRIMARY NOTE HERE.
CAN WE LOOK AT THE CENTRAL WATER WAIVER PARTICULARLY AGAIN? YES, SIR.
AND AS A MATTER OF FACT, IF WE CAN GO TO THE, UM, UH, TO THE ZONING ORDINANCE AND CALL UP, UH, SECTION 106548B1B SO THAT THE PLANNING COMMISSION, THAT YOU ALL CAN ACTUALLY SEE THE LANGUAGE.
THE LANGUAGE ESSENTIALLY SAYS THAT CENTRAL WATER AND SEWER ARE REQUIRED, BUT WITH POSITIVE RECOMMENDATION FROM THE PLANNING COMMISSION THAT THE BOARD OF SUPERVISORS CAN WAIVE THAT.
UM, UH, IF YOU'RE INTERESTED IN SEEING THAT LANGUAGE, WE CAN CERTAINLY CALL THAT UP HERE, BUT THAT IS THE, UH, THAT IS THE- THE- THE THRUST OF THAT, UM, OF THAT, UH, UH, ZONING ORDINANCE REQUIREMENT.
I- I THINK IF WE JUST REVISIT THE WAIVER THAT YOU PRESENTED EARLIER, IT WOULD BE SUFFICIENT.
LET'S JUST GO BACK TO THE, UH...
CENTRAL WATER, THAT'S THE CODE SECTION THERE.
WE'RE MORE THAN HAPPY TO GO THERE.
UH, THE- THE SHORT DESCRIPTION IS THAT AN ADEQUATE SERVICE BY A WATER AND SEWER FACILITY, CENTRAL OR PUBLIC, UH, WITH PLANNING COMMISSION RECOMMENDATION, THE BOARD OF SUPERVISORS CAN WAIVE.
THE APPLICANT HAS REQUESTED A WAIVER FROM CENTRAL PUBLIC WATER, UH, TO USE INDIVIDUAL WELLS INSTEAD.
WE WILL GO TO, UH, NUMBER FIVE OF THE APPLICANT'S LETTER SO THAT YOU CAN ACTUALLY READ THE, UH, THE WAIVER
[01:55:01]
REQUEST, BUT THE STAFF'S RECOMMENDATION IS FOR APPROVAL.SO LET'S GO TO THE, UM, LET'S TO THE, UH, NEXT PAGE AND THEN GO TO, I BELIEVE IT WAS NUMBER FIVE.
AND IT'S, UH, UH, CONTINUED ON THE NEXT PAGE.
I'LL JUST LET YOU ALL, UH, CONSIDER THAT ON THE SCREEN THERE.
CAN I ASK A QUESTION WHILE Y'ALL ARE READING THAT? GO.
WHEN YOU'RE TALKING ABOUT WELLS, INDIVIDUAL WELLS ON EACH LOT, IS THERE AN OPTION FOR THE DEQ OR THE HEALTH DEPARTMENT TO REVIEW SOMETHING LIKE THAT? UH, THE, THE...
WHAT, WHAT, WHAT WOULD ENTAIL WITH THE INDIVIDUAL, UM, WELLS? YOU KNOW, WE SAY IF THEY'RE GONNA BUILD MORE THAN 30, WELL, OBVIOUSLY THEY'RE GONNA BUILD MORE THAN 30, BUT THE QUESTION IS WHEN ARE THEY GONNA BUILD MORE THAN 30? WHEN, WHEN DOES THE DEQ REVIEW THOSE? DO THEY REVIEW IT NOW AND THEN, YOU KNOW, WHATEVER THEY SAY IS GOOD TO GO FOR THE REST OF THE PROJECT, WHAT'S GONNA BE PHASED IN? YOU KNOW, IF WE ONLY DO 10 NOW, DOES THAT AVOID HAVING TO HAVE THE DEQ REVIEW THE WELLS? WHAT, WHAT DOES THAT MEAN WHEN WE SAY WE'RE GONNA PUT AN INDIVIDUAL WELL AND THEY GOTTA MEET OUR REQUIREMENTS? WHAT...
FROM, FROM A PROCESS STANDPOINT, AGAIN, THAT REQUIREMENT FOR TECHNICAL EVALUATION OF 30 WELLS OR MORE IS IMPOSED AT THE TIME OF SUBDIVISION REVIEW.
WE'RE JUST LOOKING AT THE REZONING AND THE CONDITION OF THIS PERMIT.
IN ORDER TO GET THOSE INDIVIDUAL LOTS, MR. CARBAUGH, THE DEVELOPER, WILL HAVE TO COME IN, UH, AND SHOW US THE PRELIMINARY PLAT.
UH, UH, I WOULD BE SURPRISED IF ALL 154 LOTS WERE RE - WERE, UM, WERE PRESENTED FOR RECORDATION AT ONE TIME, BECAUSE THAT MEANS THAT ALL OF THE INFRASTRUCTURE WOULD HAVE TO BE DEVELOPED AT ONE TIME OR BONDED UP FRONT.
THAT'S WHY YOU HAVE SUBDIVISIONS THAT ARE PRESENTED TO, UH, TO LOCALITIES AND SECTIONS.
SO MAYBE SECTION ONE OR PHASE ONE, IF YOU WILL, IS, UH, 20 LOTS, OR 30 LOTS.
BUT, UM, UH, WHAT WE WOULD PROBABLY CONSIDER DOING IS THAT SINCE WE ARE AWARE THAT THIS IS A 154 LOT SUBDIVISION, IS THAT WE WOULD, UH, THAT WE WOULD LET, UH, DEQ KNOW THAT THERE IS A POSSIBILITY, THE, THE, THE LIKELIHOOD THAT, UM, THAT THE DEVELOPMENT IS COMING IN WITH MORE THAN 30 LOTS, AND, UH, AND, AND JUST LET THEM KNOW UPFRONT AND BE, UM, BE UPFRONT AND BE TRANSPARENT ABOUT THAT.
YOU KNOW, REGARDLESS OF THE 30 LOT SUBDIV - THE 30 LOT REQUIREMENT, UH, YOU KNOW, UH, I THINK THAT YOUR QUESTION ALSO GOES INTO WHEN IS THAT REQUIREMENT ACTUALLY TRIGGERED? IS IT TRIGGERED AT THE BEGINNING, UH, EVEN IF HE COMES IN FOR JUST 10 LOTS, SINCE WE ARE AWARE OF 154 LOTS, THAT'S WHAT I'M SAYING IS THAT WE WOULD JUST GO AHEAD AND LET DEQ KNOW, UM, UH, YOU KNOW, DOING 10 LOTS AT A TIME, UH, WE TYPICALLY DON'T, UM, WE TYPICALLY DON'T, UH, UH, LIKE FOR BUILDERS OR DEVELOPERS TO QUOTE UNQUOTE STACK PERMITS IF THERE IS A, YOU KNOW, IF THERE IS A, UH, A MAXIMUM REQUIREMENT AND SOMEONE SAYS, "OKAY, WELL, IF THAT'S THE REQUIREMENT, I'M JUST GONNA COME IN FOR HALF AND THEN COME IN FOR THE SECOND HALF LATER AND I WON'T HAVE TO DO THAT." NO, IF YOU HIT THAT 30, IF WE'RE AWARE THAT YOU'RE GONNA BE HITTING THAT 30, GIVEN THE, UM, YOU KNOW, GIVEN THE SENSITIVITIES TO GROUNDWATER, WE'RE GONNA LET DEQ KNOW UP FRONT.
SO THE EXISTING LOTS THAT ARE THERE, THOSE 40 LOTS, IF THIS, IF THIS WASN'T BEFORE US AND THOSE 40 LOTS THAT ARE THERE, EACH ONE OF THOSE OWNERS COULD GO GET THEIR OWN WELL RIGHT DOWN WITHOUT HAVING TO ASK ANYBODY.
SO THIS IS ESSENTIALLY THE REQUIREMENT THAT WE HAVE ON A BUILDING DEVELOPMENT, THAT'S, THAT'S THE ONLY THING I'M CONCERNED ABOUT IS THAT, YOU KNOW, I WOULD LIKE TO BE CONSISTENT AS WE DO THESE.
I, I'M NOT ARGUING THAT WE DON'T NEED HOUSING AND, YOU KNOW, THESE WOULD BE PERFECTLY FINE.
UM, THE ONLY THING IS, IS I'D LIKE TO BE CONSISTENT ON, IF WE'RE SAYING YOU GOTTA HAVE WATER AND SEWER, AND THEN WE START GIVING WAIVERS, Y- YOU KNOW, AND THE OTHER QUESTION I HAVE IS IF WE SAY TO THE BOARD, UM, "WE'RE GONNA PASS THIS ALONG TO YOU.
[02:00:01]
ABILITY TO HAVE A WAIVER FOR INDIVIDUAL WELLS, DOES THAT NECESSARILY MEAN THAT THE BOARD OF SUPERVISORS WILL ALLOW THAT? THAT'S, YOU KNOW, ARE WE GIVING THEM THE OPTION? OR IF WE SAY NO, THAT TAKES THAT OPTION OFF THE TABLE FOR THEM? THE CODE SPECIFICALLY SAYS WITH A POSITIVE RECOMMENDATION FROM THE PLANNING COMMISSION, ONLY UNDER THAT CONDITION WILL THE BOARD OF SUPERVISORS BE ABLE TO WAIVE THAT REQUIREMENT.IF THE PLANNING COMMISSION RECOMMENDS, UH, RECOMMENDS NO WAIVER FROM CENTRAL WATER, THEN THAT PART OF THE APPLICATION - SO THE ELECTED OFFICIALS WOULD THEN BE HAMSTRUNG WITH WHAT THEY COULD DO? CORRECT.
I DON'T WANT TO HAMSTRING THE ELECTED OFFICIALS.
SO IS IT SAFE TO SAY THAT IF WE APPROVE THIS WAIVER, WE'RE NOT GRANTING PERMISSION FOR THE DEVELOPER TO MOVE FORWARD WITHOUT WATER? THE APPLI - THE APPLICANT WOULD HAVE TO MOVE FORWARD WITH WATER OF SOME KIND, BUT, UH, UH, THE, UH, YOU KNOW, TO YOUR POINT OF THE RESERVATION OF NOT HAVING CENTRAL, CENTRAL WATER, IT CERTAINLY WOULD BE APPROPRIATE FOR THE PLANNING COMMISSION TO SAY, WELL, YOU KNOW, WE RECOMMEND THIS, UH, FOR THESE TWO REASONS.
NUMBER ONE, WE WANT TO GIVE THE, THE BOARD OF SUPERVISORS THE OPTION TO SAY NO BECAUSE OF WHAT THE CODE SAYS.
AND NUMBER TWO, WE DO THIS WITH RESERVATIONS IF THAT IS IN FACT YOUR, YOUR POSITION IS THAT YOU HAVE RESERVATIONS ABOUT, UH, ABOUT DEVELOPERS COMING IN AND DOING INDIVIDUAL WELLS.
THAT SEEMS LIKE A DECENT COMPROMISE TO ALLOW THE ELECTED OFFICIALS TO MAKE A FINAL DECISION.
WITH THAT - AND, AND JUST ANOTHER POINT.
THE ONLY TIME DEQ WEIGHS IN IS WHEN THERE'S OVER 300,000 GALLONS A MONTH WITHDRAWN.
SO IF THEY'RE INDIVIDUAL WELLS FOR EACH UNIT, I'M ASSUMING THAT COULD, IS AN ALTERNATIVE, CORRECT? YES.
NO, DEQ WOULD HAVE NO SAY IN, IN ANYTHING.
DEQ, YEAH DEQ WILL HAVE A SAY REGARDLESS OF THE, UH - EVEN IF IT'S INDIVIDUAL FOR EACH ONE? YES.
AND, AND THE HEALTH DEPARTMENT WOULD CERTAINLY BE REVIEWING EACH ONE AS WELL, BUT THAT'S JUST FROM A, FROM A SANITARY DRINKING WATER OR POTABLE DRINKING WATER STANDPOINT.
WELL, HAVING, HAVING SUCCUMBED TO THE WRATH OF DEQ FOR MANY YEARS REGARDING GROUNDWATER WITHDRAWAL, UM, YOU KNOW, THEY, THEY RIDE HERD ON IT PRETTY TIGHT.
AND, UH, SO I WOULD IMAGINE IF DEQ, UH, CONVEYS THE WATER WITHDRAWAL IN ANY FORM FOR THIS, THAT, UH, YOU KNOW, THAT THEY WOULD CERTAINLY HAVE THE INFORMATION, THE GEOLOGIC INFORMATION AND/OR REQUIRE, UH, UH, MONITORING WELLS OR DRAWDOWN STUDIES REGARDING THAT.
THERE'S, THERE'S ONE OTHER ITEM THAT I WOULD LIKE TO CLARIFY WITH REGARDS TO THE 2014 AGREEMENT BETWEEN THE TOWN AND THE COUNTY.
UM, SPECIFICALLY THE TOWN'S, UH, PROHIBITION ON SELLING WATER DIRECTLY TO CUSTOMERS IN THE COUNTY.
UH, THERE ARE A COUPLE OF PROVISIONS IN HERE THAT WERE, UM, THAT WERE, UH, UH, OMITTED BY THE SPEAKER.
NUMBER ONE, THE BOARD OF SUPERVISORS, UH, YOU KNOW, DID IT IN AN OPEN MEETING, UH, MADE THAT DECISION IN AN OPEN MEETING IN PREVIOUS CONSULTATION WITH THE TOWN MANAGER AND THE MAYOR.
UM, RIGHT NOW, UH, AS FAR AS I KNOW, YOU KNOW, THE, THE MAIN PROVISION THERE IS TO SIMPLY, UH, CHANGE THAT PROVISION TO ALLOW THE, UH, TO ALLOW THE TOWN TO SERVE WATER CUSTOMERS DIRECTLY.
UH, THERE IS ALSO A PROVISION IN THAT, UH, IN THAT, UM, UH, UH, IN THAT, UH, A- AGREEMENT THAT SAYS THAT THE TOWN HAS TO PROVIDE WATER TO THE COUNTY SO THAT IT CAN, UH, SO THAT IT CAN, UH, UH, RESELL WATER TO DEVELOPERS.
OF COURSE, THAT IS CONTINGENT ON, ON THE, UH, ON THE TOWN OF NANCOCK PROVIDING THAT.
BUT ONE OF THE THINGS THAT WE FIND CURIOUS IS THAT THE TOWN OF NANCOCK REQUESTED A GROUNDWATER WITHDRAWAL INCREASE, UH, YOU KNOW, TO ITS PERMIT.
AND, UM, AND, UH, UH, IT WAS GRANTED THAT INCREASE, THAT GROUNDWATER, UH, THE INCREASE IN GROUNDWATER WITHDRAWAL.
SO WITH THAT BEING SAID, UH, YOU KNOW, THE, THE, UH, THE 2014 AGREEMENT, UH, IS, YOU KNOW, IT, IT'S BEEN CONSIDERED BY THE BOARD OF SUPERVISORS TO ALLOW THE,
[02:05:01]
UH, TO ALLOW THE TOWN TO PROVIDE WATER DIRECTLY TO, UH, TO CUSTOMERS IN THE COUNTY.UM, WE WOULD HAVE TO DO SO AT TOWN RATES, I BELIEVE, BUT, UH, THAT WAS DONE IN AN OPEN MEETING.
ANY, ANY OTHER QUESTIONS FOR, FROM THE BOARD? UH, WE HAVE AN OPTION NOW TO CONSIDER SEVEN WAIVERS.
UH, ALL NINE WAIVERS AND YOU WOULD HAVE TO TAKE THEM ONE AT A TIME.
UH, UH, AND, AND, AND I DON'T KNOW HOW YOU WANT TO DO THIS, MR. CHAIR, IF YOU WANT TO DO THIS BY CONSENSUS AS YOU GO DOWN EACH ONE, BUT WE ARE GOING TO NEED THE, THE, UH, THE COMMISSION'S DESIRES ON EACH ONE OF THESE SO THAT WE CAN SEND THAT TO THE BOARD OF SUPERVISORS.
I'LL, I'LL TAX YOU TO, TO, BECAUSE I DON'T SEE THAT WELL FROM HERE.
UH - I DON'T SEE THAT WELL FROM HERE.
SO WITH THE, UH, APPROVAL OF THE BOARD WILL ASK YOU TO CALL EACH WAIVER, UH, WE'LL AGREE TO ACCEPT IT BY ACCLIMATION OR IF YOU, FOR A DIFFERENT WILL ENTERTAIN A MOTION TO DO DIFFERENTLY.
WE'LL JUST ASK HIM TO SAY YES OR NO ON EACH ONE.
ON, UM, UH, WAIVER NUMBER ONE, REDUCE OR NO PLANTINGS IN FRONT OF COMMERCIAL LOTS.
STAFF RECOMMENDATION IS, UH, NO ON THAT.
I ACCEPT STAFF'S RECOMMENDATION.
I'LL APPROVE? NO, I, I ACCEPT STAFF.
IF YOU DON'T ACCEPT IT, THEN WE'LL, WE'LL LISTEN.
WE'LL ASSUME THAT YOU'RE APPROVING IT UNTIL YOU TELL ME YOU ARE NOT.
NUMBER TWO, UM, UH, UH, THAT'S A 60 FOOT FRONTAGE LOT WIDTH.
THEY WANT TO REDUCE THAT BY 10 TO 50 FEET, UH, 50 FOOT, UH, FRONTAGE.
AGAIN, THE, UH, LOTS ARE ALREADY 50 FOOT WIDE.
UH, THE EXISTING LOTS ARE 50 FOOT WIDE, SO STAFF'S RECOMMENDATION IS TO APPROVE THAT ONE.
NUMBER THREE, 25, UH, UH, 30 FOOT LOT REQUIRE, UH, LET'S SEE, THAT IS A 30 FOOT SETBACK, FRONT YARD SETBACK FOR CLUSTER LOTS.
THEY WANT 25 FEET AS FOR A REDUCTION OF FIVE AND THE STAFF'S RECOMMENDATION IS TO APPROVE.
I ACCEPT STAFF'S APPROVAL ON THAT ONE.
NUMBER FOUR IS THE, UM, AGRICULTURAL SETBACK OF 200 RESIDENTIAL STRUCTURES FROM AG ZONED PROPERTY.
THEY WANT TO, UH, REDUCE THAT TO ZERO AND THE STAFF'S RECOMMENDATION IS TO APPROVE.
UH, NUMBER FIVE, UH, SIDE YARD SETBACK TOTAL.
THE, UH, THE REQUIREMENT IS FOR 10 FEET FOR EACH, UH, FOR EACH STRUCTURE, BUT THE OVERALL, UH, TOTAL WIDTH IS REQUIRED TO BE 25.
THEY WANT A REDUCTION OF FIVE FEET TO MATCH THE 10 PLUS 10 FOR 20.
AND STAFF'S RECOMMENDATION IS TO APPROVE.
I ACCEPT THE STAFF'S APPROVAL.
NUMBER SIX IS THE CENTRAL WATER.
I'M JUST GONNA GO AHEAD AND LEAVE IT AT THAT.
YOU ALL ARE, UH, WE HAVE DISCUSSED THAT AND ITEM.
ON THAT ONE YOU INDICATED THAT WE COULD APPROVE WITH RESERVATIONS.
CAN I BE STRONGLY RESERVED? I WANNA BE STRONGLY RESERVED ON NUMBER SIX.
AND YOU WANNA BE, UM, YOU JUST WANNA BE STRONGLY RESERVED - I THINK...
TO PROVIDE THEM THE OPTION TO - I, I THINK WE SHOULD HAVE CENTRAL WATER AND NOT INDIVIDUAL WELLS, BUT I DON'T WANNA HAMSTRING THE ELECTED OFFICIALS FROM BEING ABLE TO MAKE THAT DECISION ON THEIR OWN.
SO YOURS IS AN APPROVAL WITH RESERVATION.
A- APPROVE THE - APPROVE WITH RESERVATIONS.
NUMBER SEVEN IS THE VILLAGE DEVELOPMENT PROJECT SIZE.
THERE'S A MAXIMUM OF 40 ACRES AND, UM, UH, THEY ARE EXCEEDING THAT BY, UM, 15 TO 16 ACRES.
RECOMMENDED, UH, STAFF RECOMMENDATION IS TO APPROVE.
NUMBER EIGHT IS THE CORNER LOT WIDTH, UM, OF 150 FOOT.
THERE IS A, THERE'S A MINIMUM 150 FOOT, UH, UH, WIDTH
[02:10:01]
FOR CORNER LOTS.THE, UH, S - THE, UH, APPLICANT IS REQUESTING A 100 FOOT WAIVER DOWN TO 50 FEET AND THE STAFF'S RECOMMENDATION IS TO APPROVE THAT WAIVER.
AND THEN NUMBER NINE IS A RELATED WAIVER.
UH, THE, UH, UH, 35 FOOT STREET YARD, UH, I'M SORRY, THE 30 FOOT SIDE YARD, UH, ALONG A STREET, UH, THAT SIDE YARD IS, IS REQUIRED TO BE, UH, 35 FEET DEEP.
THE APPLICANT IS REQUESTING 25 AND THE, UH, STAFF RECOMMENDS APPROVAL OF THAT WAIVER.
SO JUST TO, UH, RECAP NUMBERS ONE AND SIX.
NUMBER ONE, THE STAFF RECOMMENDS NOT WAIVING, WHICH YOU ALL ACCEPTED.
NUMBER SIX, YOU ARE, UH, ACCEPTING, UH, UH, YOU ARE, UH, RECOMMENDING APPROVAL OF THAT WAIVER WITH STRONG RESERVATIONS IN ORDER TO LET THE ELECTED OFFICIALS MAKE THAT DECISION FOR THEMSELVES.
SO WE WILL SEND THESE ON TO THE, UH, TO THE BOARD OF SUPERVISORS AS, UH, AS WE HAVE ALL JUST DISCUSSED.
AND, UH, AGAIN, JUST ONE OTHER CLARIFICATION THAT I WANNA MAKE ON THE, UH, ON THE, UH, UH, CONDITIONS IS WITH REGARDS TO, I BELIEVE, UH, CAN YOU SCROLL DOWN, ASHANTIS, UH, TO THE, UH, UM, ARCHITECTURAL ONE, UH, THAT, THAT STAYS WITH THE PLANNING COMMISSION AND DOES NOT GO BEYOND.
THAT IS GOING TO BE CONDITION NUMBER FIVE.
OTHER THAN THAT, STAFF HAS NOTHING FURTHER ON THE CONDITIONS OF THE WAIVERS AND, UM, AND, UH, I WILL GO AHEAD AND SHOW YOU.
WE CAN GO AHEAD AND SHOW YOU THE, UH, UM, THE RECOMMENDED MOTIONS.
YOU WANT TWO, TWO MOTION? THERE ARE GONNA BE TWO SEPARATE MOTIONS BECAUSE OF TWO SEPARATE CASES.
UM, THIS IS THE RECOMMENDED MOTION FOR THE, UH, UH, FOR THE REZONING.
I MOVE THAT THE PLANNING COMMISSION RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS OF REZ000188-2025 TO REZONE FROM AGRICULTURE AND BUSINESS 55.45 ACRES ON TAX PARCELS AS ADVERTISED WITHOUT PROFITS.
WE HAVE A MOTION ON THE FLOOR TO APPROVE THE MOTION AS PRESENTED.
UH, DO I HAVE A SECOND? SECOND.
WE HAVE BEEN PROPERLY MOVED AND SECOND.
AND I MENTIONED THAT BECAUSE YOU HAVE, YOU HAVE EXACTLY QUORUM AND, UH, UH, THAT'S GOTTA BE STATED FOR THE RECORD THAT EVERYBODY CAN VOTED IN FAVOR OF THAT.
FOR THE CONDITIONAL USE PERMIT, I JUST WANNA EXPLAIN THIS ONE A LITTLE BIT.
SO THAT FIRST PART, UM, UP HERE, UH, I, I, I BULLET POINTED THESE TWO ASPECTS OF THE MOTION BECAUSE IF YOU RECOMMEND DENIAL, THEN THESE TWO SECTIONS OR THESE TWO BULLET POINTS DON'T APPLY.
BUT, UH, UH, AGAIN, WITH THE CONDI - WITH THE 12 CONDITIONS RECOMMENDED BY STAFF, INCLUDING THE AMENDMENT TO THAT CONDI - TO THE, UH, ARCHITECTURAL CONDITION, AND THEN, UM, COMMISSION FURTHER RECOMMENDS THAT, UM, UH, WELL, THIS ONE'S GONNA BE A LITTLE BIT DIFFERENT.
THE COMMISSION FURTHER RECOMMENDS THAT, UM, UH, THAT WE'LL CALL IT THAT THE, UH, THAT THE WAIVERS BE APPROVED AS LISTED IN THE STAFF'S, UH, UH, WAIVER REQUEST MATRIX.
SO AGAIN, WE'RE NOT WAIVING NUMBER ONE AND WE ARE WAIVING NUMBER SIX WITH STRONG, UH, WITH STRONG RESERVATIONS.
SO LET'S BE CLEAR WHAT THE MOTION FOR APPROVAL OR DENIAL WILL BE.
IT WILL APPROVE, UH, THE CENTRAL, THE CONDITIONAL USE PERMIT WITH THE, UH, APPROVED, UH, PREVIOUSLY APPROVED WAIVERS WITH ACCEPTANCE OF WAIVERS NUMBER ONE AND NUMBER SIX.
IS THAT CORRECT? WE CAN PROVIDE FURTHER EXPLANATION, BUT THE INTENT THERE IS TO NOT WAIVE THE, UH, IS TO, IS TO NOT WAIVE THE, UH, UH, THE BUFFER REQUIREMENT AND TO, UH, AND TO WAIVE CENTRAL WATER WITH STRONG RESERVATIONS.
I MOVE THAT THE PLANNING COMMISSION RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS OF CUSC-000054-2026, A CONDITIONAL USE PERMIT FOR A 55.45 ACRE, 154 UNIT MIXED USE DEVELOPMENT AS PRESENTED PURSUANT TO ACCOMAC COUNTY CODE SECTION 106-534
[02:15:03]
OF THE ACCOMACK COUNTY CODE VILLAGE DEVELOPMENT DISTRICT REGULATIONS WITH 12 CONDITIONS RECOMMENDED BY STAFF IN APPENDIX A DATED NOVEMBER 6TH, 2026.THE COMMISSION FURTHER RECOMMENDS THAT THE NINE WAIVERS BE APPROVED WITH THE COMMENTARY FROM THE MEETING AS LISTED IN ITS WAIVER REQUEST MATRIX, APPENDIX B DATED SEPTEMBER 4TH, 2026.
CAN, CAN YOU ADD THAT THE 12 CONDITIONS AS AMENDED? 12 CONDITIONS AS AMENDED.
YOU HAVE A MOTION ON THE FLOOR TO RECOMMEND APPROVAL TO THE PLAN COMMISSIONS FOR THE CONDITIONAL USE PERMIT, UH, AS STATED BY THE MOTIONER.
DO I HAVE A SECOND? I SECOND IT.
SO WE HAVE TWO PUBLIC HEARINGS LEFT.
WE'VE GOT THE, UH, LOT VALIDATION AND THEN WE ALSO HAVE SHINKATIG WELLS.
LOT VALIDATION IS NOT GONNA TAKE LONG.
YOU WANNA DO SHINKATIG FIRST THEN? WE CAN DO SHINKATIG FIRST IF YOU WANT.
WELL, WE'LL GO AHEAD AND SKIP FORWARD TO SHINKATIG AS THE, UM, AT THE, UH, PLANNING COMMISSION'S REQUEST.
AND, UM, UH, WE'LL GO, GET RIGHT INTO IT.
SO THIS IS A CONDITIONAL USE PUBLIC HEARING FOR THE SHINKATEAGUE MUNICIPAL WELLFIELD.
THIS IS CASE NUMBER CUSC0001492026.
AND, UM, THESE ARE THE, UM, UH, THESE ARE THE, UH, UH, VITAL STATISTICS.
THE APPLICANT IS THE TOWN OF SHINKATIGUE REPRESENTED BY MIKE TOLBERT, PD.
THE PROPERTY OWNER IS THE TOWN OF SHINKATEGUE.
THIS IS LOCATED ON, UH, ON, UH, UH, TAX PARCELS 28A73B AND 2551 THROUGH SIX, UH, AROUND THE 34,100 BLOCK OF SHINKOTIGUE ROAD.
THAT AGAIN IS SUPERVISOR DEGEORGES AND PLANNING COMMISSION CHAIRWOMAN, UH, ANGELA WINGFIELD.
THE TOTAL FOR ALL SEVEN PARCELS IS 32, APPROXIMATELY 32 ACRES.
THE ZONING, CURRENT ZONING IS AGRICULTURE.
THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURE.
THE REQUEST, AGAIN, IS FOR A CONDITIONAL USE PERMIT FOR A PUBLIC WATER FACILITY.
THIS IS LISTED IN SECTION 106546.
THIS IS IN THE OVERLA - THIS IS IN THE AG AND FORESTAL DISTRICT.
THE, UH, AND ALL OF THE ADJACENT ZONING IS AGRICULTURE.
ADJACENT USES INCLUDE A FEDERAL FLIGHT FACILITY, NATIONAL WILDLIFE REFUGE, AND, UH, SINGLE FAMILY DWELLINGS AND, UH, VACANT WOODED PROPERTY.
WE'LL JUST GO THROUGH SOME EXHIBITS HERE.
THE, UH, UH, THIS IS THE, UH, AERIAL CASE MAP SHOWING THE, UH, THE OVERALL SITE, INCLUDING THE SIX PARCELS TO THE NORTH, UH, TO THE NORTHWEST.
UM, THE SITE SITS, UH, IS LOCATED AT THE END OF ONE OF THE, UH, RUNWAYS AND IS AT THE FIRST TURN HERE ON, UH, SHINKOTEAU ROAD.
I'M SORRY, THE WATTS BAY SUBDIVISION IS ADJACENT TO THE SOUTH.
THIS IS THE, UH, ZONING MAP INDICATING ALL ZONING AROUND THERE IS AGRICULTURAL.
ALTHOUGH FURTHER UP, YOU DO HAVE, UH, SOME BUSINESS ZONING AND SOME, UH, UH, SOME RESIDENTIAL ZONING HERE.
THIS IS THE FUTURE LAND USE MAP INDICATING SITE'S, UH, AGRICULTURAL RECOMMENDATION.
UH, AS WE ALL KNOW, THIS COLOR RIGHT HERE IS VILLAGE DEVELOPMENT AREA FOR THE HIGHER DENSITY.
THIS IS THE AGRICULTURAL DISTRICT MAP TO INDICATE, UH, THAT THE PROPERTY, THAT A PORTION OF THE PROPERTY IS IN THE AFD.
I'LL JUST GO AHEAD AND MENTION THIS NOW, IF I DON'T MENTION IT LATER ON, THAT BY ACTION OF THE BOARD OF SUPERVISORS, THEY CAN GO AHEAD AND AUTHORIZE A QUOTE UNQUOTE MORE INTENSIVE USE ON THIS PROPERTY.
UM, THAT DOES NOT REQUIRE ANY PUBLIC HEARING OR, UH, OR, UH, ADVERTISEMENT OR NOTICE, AND THEY TYPICALLY DO THAT ON CONSENT.
BECAUSE THIS IS PART OF THE CONDITIONAL USE PERMIT, UH, THAT ACTION WILL, WILL OBVIOUSLY BE TAKEN UP WITH THE REST OF THE, UM, WITH THE REST OF THE CASE.
SO, UH, UH, AUTHORIZING, UH, A MORE INTENSE USE WILL NOT BE A SEPARATE CASE.
THESE ARE YOUR ENVIRONMENTAL CONSTRAINTS WITH THE FLOOD ZONE THAT IS OUTSIDE OF THE FLOOD ZONE, AND THAT IS IT FOR THE, UM, FOR THE MAP EXHIBITS.
A NEW WATER SOURCE IS NEEDED TO ADDRESS FOREVER CONTAMINA - FOREVER CHEMICALS CONTAMINATION.
THESE ARE PFAS AT THE CURRENT WELL FIELD AT, UH, PUMP HOUSE TURN.
THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS HELD A JOINT
[02:20:01]
HEARING BACK ON MAY EIGHT, MAY 16TH, 2018, AND PREVIOUSLY, UM, APPROVED A CONDITIONAL USE PERMIT.THEY ATTACHED THREE CONDITIONS AT THAT TIME.
UH, AND AGAIN, STAFF AND PLANNING COMMISSION PREVIOUSLY RECOMMENDED APPROVAL TO THE BOARD OF SUPERVISORS.
AND, UM, THIS LAST BULLET POINT, OBVIOUSLY, WE'RE HERE ON THURSDAY, NOVEMBER 12TH.
THESE ARE SOME ADDITIONAL, UM, UH, SPECS.
UH, THERE ARE THREE WELLS EACH EIGHT INCHES IN DIAMETER AND APPROXIMATELY 255 FEET DEEP.
UH, I WILL SAY THAT, UH, THE, UM, THE APPLICANT WILL HAVE A, UM, UH, UH, MORE IN-DEPTH SLIDE DECK DURING THEIR 10 MINUTES TO, UH, TO PROVIDE ADDITIONAL INFORMATION.
WELL HEAD PROTECTION, THE, UH, WELLHEADS WILL BE, UM, WILL BE LOCKED, UH, APPROXIMATELY FOUR FEET SQUARE.
THEY'LL BE FLUSHED TO THE GROUND SURFACE AND A SECURITY FENCE, UM, OR SMALL BUILDING OPTIONS ARE, UH, ARE BEING CONSIDERED FOR, UH, SECURITY.
EQUIPMENT BUILDINGS FOR EACH OF THE THREE WELLHEADS, UH, ONE BUILDING EACH 10 BY 12 ON A CONCRETE SLAB AND A MAXIMUM HEIGHT OF 12 FEET IF THAT BUILDING, UH, OPTION IS SELECTED.
IT'S CURRENTLY EX - UH, IT'S CURRENTLY ACCESSED FROM A GRAVEL DRIVE, UM, OFF OF ROUTE 175 RICHICOTE ROAD WITH GRAVEL ROADS.
GRAVEL ROADS WILL EVENTUALLY EXTEND TO THE WELLS.
UH, THIS IS THE, UH, MOST RECENT PLAN THAT WE HAVE, UH, INDICATING...
CAN WE ZOOM IN ON, UH, ON THE SQUARE HERE? INDICATING THE, UH, POSSIBLE LOCATION OF THREE WELLS.
UH, THIS WELL RIGHT HERE, UH, WILL HAVE TO BE MOVED ACCORDING TO THIS PLAN ANYWAYS, AND THE APPLICANT WILL PROVIDE AN UPDATED PLAN.
UM, UH, THERE IS A 50 FOOT WIDE EASEMENT, AS YOU ALL RECALL, FROM LAST MONTH HERE, AND THAT IS, UM, THAT CANNOT BE ENCROACHED UPON.
THESE ARE THE OTHER SIX, UH, LOTS THAT THE TOWN OF SHINKATEAGUE OWNED AT THE, UH, OWNS AT THE, UH, AT THE SITE.
AND THIS IS JUST A DETAIL OF THE PROPOSED BUILDINGS.
THE HEARING WAS ADVERTISED, ADJACENT OWNERS NOTIFIED, UH, IN ACCORDANCE WITH STATE LAW, AND WE RECEIVED ONE, UM, ONE, UH, UH, LETTER OF OPPOSITION FROM A PROPERTY OWNER.
UH, THEY IMPOSED THE ISSUANCE OF THE CONDITIONAL USE PERMIT.
UH, I WILL CAVEAT THAT BY SAYING, UH, WE ARE NOT AWARE OF ANY OTHER PUBLIC INPUT.
HOWEVER, MICROSOFT HAD A MAJOR, UM, UH, HAD A MAJOR, UH, UH, OUTING OR OUTAGE TODAY WITH, UM, WITH EMAIL SYSTEMS. SO IF THERE ARE ANY OTHERS, UH, BEYOND JUST THE ONE FROM MS. LYNCH, THEN I APOLOGIZE, WE DID NOT RECEIVE IT.
THE STAFF RECOMMEND, UH, STAFF RECOMMENDS APPROVAL, UM, OF THE CONDITIONAL USE PERMIT FOR PUBLIC WATER FACILITY PER SECTION 106646 ON THE TAX PARCELS WE MENTIONED WITH TWO CONDITIONS.
UH, CONDITIONAL USE PERMIT SHALL EXPIRE FIVE YEARS FROM THE DATE OF THE BOARD OF SUPERVISOR'S APPROVAL, AND NUMBER TWO, WHICH IS ACTUALLY REWRITTEN FROM THE PREVIOUS, UH, UH, FROM THE PREVIOUSLY APPROVED CONDITION, ONCE SUBMITTED TO THE COUNTY FOR REVIEW, THE SITE PLAN REQUIRED PURSUANT TO THAT CODE SECTION FOR THE LOCATION OF THE EQUIPMENT AND PUMP HOUSE LOCATION OF WELLS AND WATER MAIN SHALL BE FORWARDED TO THE ACCOMACK COUNTY PLANNING COMMISSION FOR ITS INFORMATIONAL PURPOSES ONLY.
AND AGAIN, THAT'S JUST A REWORDING OF WHAT, WHAT, OF WHAT THE CONDITION WAS APPROVED BACK IN 2018.
UH - SO IT'S BEEN NINE YEARS NOW, YOU WANNA MAKE THAT A 10 YEAR?
STAFF IS, IS, UH, RECOMMENDING FIVE.
SO, UM, WE'D LIKE TO NOTE THAT A THIRD CONDITION WAS APPROVED IN 2018, WHICH READS AS FOLLOWS, "THE TOWN SHALL WORK COOPERATIVELY WITH THE ADJACENT PROPERTY OWNERS TO MINIMIZE ANY IMPACTS TO THEIR RESPECTIVE PROPERTIES." UM, UH, WHILE THE STAFF UNDERSTANDS THE, THE NEED FOR, UH, OR, OR THE INTENT BEHIND THIS CONDITION, IT WAS VERY VAGUE AND WE WOULD NOT KNOW HOW TO ENFORCE THAT BECAUSE NO ONE'S TO SAY, "WELL, UH, WHEN IS EVERYTHING GOING TO BE OKAY WITH, UH, UH, YOU KNOW, WITH REGARDS TO, YOU KNOW, HAVE THE IMPACTS BEEN, UH, PROPERLY ADDRESSED?" SO WITH THAT BEING SAID, UM, THE CONDITION, YOU CAN REWORD THE CONDITION TO INCLUDE SPECIFIC IMPACTS SUCH AS VISUAL NOISE TRAFFIC OR OTHER NUISANCE IMPACTS, UH, AND THEN MAKE CLEAR HOW THOSE IMPACTS ARE TO BE ADDRESSED, AND THEN WE WILL HAVE A, A CLEAR AND ENFORCEABLE CONDITION.
[02:25:01]
THIS NEXT SLIDE HERE, UH, IN ALTERNATIVE TO THE, UH, TO THE THIRD 2018 CONDITION COULD READ AS FOLLOWS.YOU COULD ALSO DO SOME ADDITIONAL WORDSMITHING.
UH, THE APPLICANT SHALL WORK COOPERATIVELY WITH ADJACENT PROPERTY OWNERS TO MINIMIZE ANY IMPACTS TO THEIR RESPECTIVE PROPERTIES FROM NUISANCES, FROM, UH, NOISE LIKE DUST OR VIBRATIONS AND OPERATIONAL CONCERNS REGARDING TIMES OF CONSTRUCTION.
UM, WE CONTINUE TO HEAR, UH, UH, AS YOU HAD MENTIONED IN THE, UH, PREVIOUS CASE, UH, COMMISSIONER TYLER, UH, THE STAFF ALSO HEARS CONCERNS ABOUT GROUNDWATER WITHDRAWAL AND, UM, ALTHOUGH THERE WAS NO, UH, THERE WAS, THERE WAS NO CONDITION AT THE TIME THAT WAS WRITTEN FOR THAT, WE DID PREPARE ONE ADDITIONAL ONE FOR YOU THAT I THINK, UM, UH, UH, COULD COVER AT LEAST THE REGULATORY ASPECT OF GROUNDWATER WITHDRAWAL.
IT READS AS FOLLOWS, "PRIOR TO THE COUNTY'S APPROVAL OF THE SITE PLAN, THE APPLICANT SHALL PROVIDE EVIDENCE OF DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL OF THE SUBJECT LOCATION AND OF THE PROPOSED GROUNDWATER WITHDRAWAL AMOUNT TO THE COUNTY ADMINISTRATOR OR THEIR DESIGNEE." AND ALL THAT IS SAYING IS SHOW US EVIDENCE THAT THE DEQ AGREES WITH THIS.
WITH THAT BEING SAID, THIS CONCLUDES MY, UH, UH, STAFF REPORT.
UH, HERE'S YOUR RECOMMENDED MOTION.
I CAN TRY TO FIELD ANY QUESTIONS AT THIS TIME, AND I'D ALSO LIKE TO ADD THAT, UM, UH, TOWN MANAGER MIKE TOLBERT IS HERE WITH HIS, UH, WITH THE SAME CONTINGENT FROM LAST MONTH AND IS PREPARED TO GIVE A, UH, 10 MINUTE PRESENTATION.
I JUST HAVE ONE QUESTION OR STATEMENT.
UH, WE MAKE THE ASSUMPTION THAT HE WHO PUMPS THE WATER OWNS THE WATER.
UH, I'M NOT SURE THAT'S EXACTLY CORRECT, AND IT MAY BE TIME, SERIOUSLY, THAT WE RECOGNIZE THAT THE WATER DOESN'T BELONG TO THOSE WHO PUMP IT.
SO TO ADDRESS THESE CONCERNS ABOUT WHO GETS THE WATER OR WHO SELLS IT TO ANYONE, IT MAY BE TIME YOU TOOK OVER THE SEWER SYSTEM AND A NAGCOP AND, UH, THAT THE COUNTY ACT LIKE A UTILITY PROVIDER AND PROVIDE WATER FROM THE AQUIFER THAT'S UNDER ALL OF US.
BUT THAT'S ALL I GOT TO SAY ABOUT THAT.
SO AT THIS TIME, UH, WE'LL HEAR FROM THE APPLICANT, UH, AND ALLOW THE 10 MINUTES FOR THAT.
LET'S GO AHEAD AND QUEUE UP THEIR, UH.
I DO APPRECIATE Y'ALL, UH, GIVING US YOUR ATTENTION.
UH, WE'LL TRY TO MAKE IT AS BRIEF AS POSSIBLE.
UM, WE ARE HERE, LIKE MR. SAID, TO REQUEST A CONDITIONAL USE PERMIT FOR THE LOCATION OF A FEW WELLS, UH, ON THE MATTHEWS, AS WE TERMED AS MATTHEWS PROPERTY JUST SOUTH OF THE WALLACE LIGHT FACILITY.
UM, WE CURRENTLY HAVE EIGHT WELLS ON WILDS FLIGHT FACILITY PROPERTY.
UH, THREE OF THOSE ARE SHALLOW WELLS WHICH ARE CONTAMINATED, AS YOU KNOW, WITH PFAS.
UM, THOSE ARE THE THREE WELLS WE'D LIKE TO RELOCATE.
THE OTHER DEEP WELLS WILL STAY ON NASA PROPERTY AND WE WILL CONTINUE TO USE THOSE.
UM, WALLOPS IN 2017 WHEN PFAS WAS DISCOVERED IN OUR SHALLOW WELLS, WALLOPS, UH, BEGAN, UH, IMMEDIATELY GAVE US, UH, FRESH AND CLEAN WATER FROM THEIR WELLS, AND THEN CONSTRUCTED A FILTRATION PLANT WHICH EFFECTIVELY F- FILTERS OUT PFAS AND THEY ARE STILL OPERATING THAT TODAY.
THERE'S SOME CONCERNS WITH BEING ABLE TO CONTINUE THE OPERATION OF THAT PLANT AND IT WOULD BE PRUDENT FOR THE TIME TO DEVELOP THEIR OWN WELLS, UH, TO ELIMINATE ANY PROBLEMS WITH THAT PLANT AND TAKE THAT OUT OF THE CHAIN.
UM, WE, AS MR. PAMBAS SAID, WE RECENTLY OR PREVIOUSLY HAD A CONDITIONAL USE PERMIT ISSUED FROM THE COUNTY IN 2018, AND, UH, THAT, UH, CONDITIONAL USE PERMIT, AS I UNDERSTAND, TIME BACK, SO WE ARE HERE TO REQUEST THIS ONE MORE TIME.
UM, THAT BEING SAID, I'LL ANSWER ANY GENERAL QUESTIONS THAT YOU HAVE, AND WE HAVE A WHOLE ROW OF REGISTERED EXPERTS BEHIND ME THAT CAN ANSWER ANY TECHNICAL QUESTIONS THAT YOU MAY HAVE.
HEARING NO GENERAL QUESTIONS, I'LL TURN THIS OVER TO KRISTY FRANCISCO.
I WORK FOR NASA AND I AM THE REMEDIAL PROJECT MANAGER, SO MY JOB IS BASICALLY PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT.
CAN YOU GO TO THE NEXT SLIDE OR JUST A QUICKER ONE? ALL RIGHT.
FOR THE SAKE OF TIME, UH, I'M JUST GONNA QUICKLY GO THROUGH THE TIMELINE.
[02:30:01]
IT.AND THEN I ALSO HAVE MY ENGINEERS HERE THAT CAN COME UP AND ADDRESS SOME QUESTIONS THAT WE HAD LAST TIME.
AND THEN I'VE ALSO BROUGHT JULIE SHANE, WHO IS, WORKS WITH VDEQ AND BDH WITH PERMITTING.
AND SHE CAN GO OVER THAT PROCESS AND ANSWER ANY QUESTIONS ABOUT PERMITTING.
UM, SO MIKE ALREADY MENTIONED WE'VE BEEN WORKING TOGETHER SINCE WE REALIZED PFAS WAS IN THE TOWN'S DRINKING WATER.
UM, ON THE FACILITY, I CONTINUE MY INVESTIGATIONS.
NASA HAS HELPED THE TOWN WITH OBTAINING GRANTS TO CONSTRUCT A NEW WELL FIELD.
UM, AND THEN OF COURSE, I'M RESPONSIBLE FOR OPERATING THE GRANULAR ACTIVATE CARBON TREATMENT SYSTEM, WHICH TREATS THEIR DRINKING WATER.
SO HERE IS THE INSIDE OF OUR SYSTEM.
UM, WE'VE TREATED OVER 240 MILLION GALLONS OF WATER WITH SUCCESS.
UH, HOWEVER, THE SYSTEM WAS JUST FOR THE SHORT TERM.
IT WAS WORKING WITH THE TOWN, UM, AFTER THEY BOUGHT MATTHEWS TRACT TO MOVE THE WELLS OVER.
SO WE PREDICTED THAT THE SYSTEM WAS GOING TO LAST ABOUT FIVE YEARS AND WE ARE AT FIVE YEARS.
UM, IT'S OPERATING WELL, BUT WE DO HAVE A CONCERN THAT, YOU KNOW, THIS SYSTEM IS GONNA REQUIRE MAJOR UPGRADES.
UM, MATTHEWS TRACT IS A LONG-TERM SAFE AND SUSTAINABLE SOLUTION FOR THE TOWN'S DRINKING WATER.
UM, YOU KNOW, I, I'M RESPONSIBLE FOR MAKING SURE THAT PFAS IS REMOVED FROM THE DRINKING WATER AND IT'S JUST BETTER FOR THE TOWN TO HAVE A SAFE WATER SUPPLY.
SO I WILL HAND THIS OVER TO CHRIS PIKE, WHO IS MY ENGINEER WHO'S BEEN WORKING ON A PRELIMINARY ENGINEERING REPORT, WHICH INCLUDES A 30% DESIGN.
SO, UH, WE HAVE BEGINNINGS OF THE DESIGN, UM, ENOUGH TO PRESENT TO YOU, BUT, YOU KNOW, THERE'S STILL MORE WORK TO BE DONE ON IT.
UM, THIS HAS ALREADY BEEN GONE OVER THE MATTHEWS TRACK JUST SOUTH OF, UM, GULF LAKE FACILITY, APPROXIMATELY 32 ACRES TO THE VOLUME.
SO AS CHRISTIE SAID, WE ARE WORKING ON A PRELIMINARY ENGINEER'S REPORT, BASICALLY CONSIDERING A 30% DESIGN THAT WE'LL HAND OVER TO THE TOWN.
UM, WE'RE LOOKING TO COMPLETE IT OVER THE NEXT FEW MONTHS IN JANUARY.
IT'S GONNA INCLUDE ALL THE MAJOR DESIGN ELEMENTS AND IMPORTANTLY A COST ESTIMATE TO MAKE SURE THAT THE TOWN'S GRANT CAN COVER THE COST OF WHAT NEEDS TO BE DONE.
UM, AND WE'VE BEEN MEETING WITH THE TOWN ON THESE DESIGN ELEMENTS TO ENSURE THAT EVERYTHING IS, UM, UP TO THEIR STANDARDS AND, AND WHAT THEY WANT.
SO, UH, THE, THE REPORT'S GONNA INCLUDE THE PRODUCTION WELL LOCATION DESIGN, WHICH IS THE DEPTHS IN THE SCREEN INTERVAL, THE WELLS, WATER QUALITY SUMMARY.
WE DID, UM, SOME TEST WELLS SHOWING THAT THERE IS VERY GOOD WATER QUALITY IN THE MATTHEWS TRACT.
WE'LL DO CAPACITY AND DRAW DOWN CALCULATIONS AND RECOMMENDATIONS FOR ADDITIONAL TESTING.
WE HAVE MORE INFO ON THAT LATER.
AND THEN, UM, YOU KNOW, THE, THE ENGINEER REPORT WILL INCLUDE OUR WELL PUMP AND WELLHEAD DESIGNS, THE GENERAL SITE WORK, THE FENCING AND THE ROADS.
AND THE CONVEYANCE PIPING ROUTE IS ABOUT 12,500 FEET FROM THE MATTHEWS TRACT TO, UH, POMPAL'S TURN WHERE THE, UH, TOWN'S MANIFOLD IS BEFORE IT GOES OVER TO THE TOWN.
UM, WE'LL HAVE DETAILS ON THE CONNECTIONS TO THE TOWN SYSTEM, THE ELECTRICAL AND THE CONTROLS.
SINCE, YOU KNOW, WE'RE SEVEN, EIGHT MILES FROM THE TOWN'S CONTROL SYSTEM, UM, WE'LL HAVE TO FIGURE OUT HOW TO GET SIGNALS FROM OUR SYSTEM OVER TO THE TOWN TO ALLOW THEM TO CONTROL IT.
SO HERE'S A, THE, UH, A SKETCH OF THE MATTHEWS TRACK LANDVIEW WE DID NOT HAVE THIS LAST TIME.
SO WE HAD THAT ON AND IN THE BACKGROUND YOU CAN SEE, UM, HERE'S THE, THE PLAT MAP WITH THE, UH.
SO WE HAVE THREE WELLS AS WE, WE SHOW THEM THESE THREE LOCATIONS.
UM, THE BLUE IS PIPING FROM EACH WELL TO, IT'S FOUR INCH PIPING TO A 14 INCH MANIFOLD THAT RUNS ALL THE WAY OVER TO THE, THE PUMP HOUSE TURN.
UM, THE WHITE SHOWS ACCESS ROADS TO EACH OF THE WELLS.
SO HERE'S THE TURN OFF 175 THAT WAS MENTIONED.
SO WE HAVE, UM, LIKE GRAVEL OR EQUIVALENT ROADS AND A TURNAROUND AREA AT EACH OF THE WELLS.
AND THEN WE'RE TAKING HIGH VOLTAGE POWER FROM THESE POWER POLES OVER TO EACH OF THE WELLS, AND THOSE ARE KIND OF THE LAYER GREEN LINES.
AND THEN THE, UH, FENCING AROUND THE ENTIRE FACILITY HERE IS SHOWN IN THE BRAKE RATE.
AND WE CAN GO BACK TO THAT IF THERE'S ANY QUESTIONS.
SO AS WAS MENTIONED, THERE'LL BE A SMALL WELL VAULT AT EACH OF THE WELLS, THE BUILDING 10 BY 12, 12 FEET HIGH, UM, UNDERGROUND PIPING, THE ELECTRICAL CONTROLS MOUNTED INSIDE OR AT THE BUILDINGS,
[02:35:02]
GRAVEL ROADS TO EACH OF THE WELLHEAD.UM, THE REMAINDER OF SITE WOULD BE VEGETATED, NOT USED FOR AGRICULTURAL BUT VEGETATED TO BASICALLY KEEP DUST OUT IN THE AREA.
AND I'M GOING QUICKLY THROUGH THIS DUE TO THE TIME LIMIT, SO ANY QUESTIONS YOU HAVE LATER COME THROUGH.
SO CONVEYANCE LET, CONVEYANCE LINE.
SO WE HAVE THE, UM, THE MATTHEWS TRACT AND THE 12,000 FOOT LINE.
IT CAN BE A COMBINATION OF TRENCHING AND HORIZONTAL DRILLING, TRENCHING UNDER THE ROAD HERE.
UM, AND THEN IN SOME OF THESE AREAS WHERE THERE'S PRETTY DEEP, DEEP DRAINAGE DITCHES, WE WOULD DO HORIZONTAL DRILLING.
IT WOULD BE WITHIN THE VDOT EASEMENT OR ON MASSIVE PROPERTY.
UM, WE DID GO THROUGH THIS, UM, IN DETAIL IN THE LAST MEETING, BUT WE ARE IN THE, UM, THE MIDDLE, THE MIDDLE YORKTOWN EASTOVER AQUIFER, UH, GENERALLY BELOW WHERE THE RESIDENCE WELLS ARE.
THERE IS A CONFINING LAYER BETWEEN THE PRODUCTION WELLS AND THE RESIDENCE WELLS.
UM, OUR INITIAL TESTS SHOWED THAT WE COULD CONSERVATIVELY, CONSERVATIVELY PRODUCE ABOUT 300 GALLONS A MINUTE FROM THE TRACT.
ADDITIONAL TESTING WOULD REALLY HONED THAT NUMBER IN, BUT WE DID DO PROOF OF CONCEPT THAT WE COULD REPLACE THE FLOW FROM THE EXISTING TOWN SHALLOW WELLS.
UM, AS WE TALKED ABOUT LAST TIME, WE DEVELOPED SOME OF THESE AQUIFER CHARACTERISTIC NUMBERS TO KIND OF SHOW WHAT THE DRAWDOWN WOULD BE IN THAT MIDDLE AQUIFER, AS WELL AS IN THE UPPER AQUIFER WHERE THE, UM, MAJORITY OF THE RESIDENCE WELLS ARE.
AND BASED ON THOSE INITIAL CALCULATIONS AND LOOKING AT THAT CONFINING LAYER, THERE'S NOT REALLY GOING TO BE INFLUENCE IN THAT UPPER DIRECT TOWN EASTOVER AQUIFER.
UM, AND THEN, YOU KNOW, ALL THIS DATA WILL BE SHARED WITH VDH AND VDEQ, UH, DURING THE PERMITTING PROCESS THAT.
THE POINT OF THIS SLIDE IS JUST, JUST TO DEMONSTRATE HOW MANY REGULATORY CHECKS THERE ARE ON THIS PROCESS.
WE'VE GOT, UM, VDEQ ALREADY HAD TO PROVE THE INITIAL TEST WELL SITE.
THEY'LL BE APPROVING THE PRODUCTION WELL SITE BEFORE WE CAN PUT, DRILL ANYTHING.
THEN THEY WILL DO A REVIEW OF THE PER WHEN IT'S COMPLETE, AND THEY WILL BE LOOKING AT ALL OF THOSE THINGS THAT EVERYBODY'S CONCERNED ABOUT, THE, THE YIELD, THE DRAWDOWN, REVIEWING ALL OF THE ANALYTICAL DATA.
AND THEN BEFORE WE CAN CONSTRUCT ANYTHING, IT GOES TO RICHMOND, TO THE CENTRAL OFFICE, WHO REVIEWS, AND THAT IS A MUCH LARGER SUBMITTAL THAT'S GOING TO INCLUDE THE PER, ALSO ALL THE PLANS AND SPECS AND ALL OF THE DATA.
WELL, EVERYTHING THAT IS, ALL THE CONSTRUCTION PLANS WILL HAVE TO GET REVIEWED BY THE ENGINEERS IN THE CENTRAL OFFICE AND THEY WILL MAKE SURE THAT THAT CONFORMS TO VIRGINIA SPECIFICATIONS.
THE WELL DRILLER WILL THEN HAVE TO GO TO VDEQ WHO WILL REVIEW ALL OF THE BORING LOGS AND ONCE THEY DO THE DRILLING AND VERIFY THAT THE WELL IS WHERE IT'S SUPPOSED TO BE IN THAT RIGHT CORRECT AQUIFER AND THAT THINGS LOOK LIKE WE EXPECTED THEM TO LOOK ON THE WAY DOWN.
THEN VDH GETS ANOTHER CRACK AT IT.
THEY COME OUT WITH A FINAL INSPECTION AND MAKE SURE THAT WE BUILT IT LIKE WE SAID WE WERE GONNA BUILD IT.
BDEQ WILL AMEND THE TOWN WILL HAVE TO APPLY FOR AN AMENDMENT TO THEIR WITHDRAWAL PERMIT.
BDEQ IS, IS ONLY GOING TO ALLOW THE TOWN TO PUMP A CERTAIN AMOUNT OF WATER.
THAT IS LIMITED BY THE WITHDRAWAL PERMIT AND THAT, THOSE NUMBERS, THE AMOUNT OF WATER REPORTED, ARE REPORTED TO BDEQ EVERY QUARTER, AS LONG AS THOSE WELLS ARE IN USE.
THEY CONTINUE TO MONITOR THAT DATA.
AND THEN FINALLY, BDH WILL MONIT - MODIFY THE TOWN'S OPERATING PERMIT TO INCLUDE ANY CONDITIONS, OPERATIONAL CONDITIONS AND, UH, LIMITS CONTROLLING THE QUALITY OF THE DRINKING WATER COMING OUT OF THOSE WELLS.
AND THAT ALSO HAS A QUANTITY LIMIT ON IT AS WELL.
UM, I DO THINK MR. PAMBIT SAID, UH, IF YOU WANTED TO, YOU COULD REQUEST ADDITIONAL TIME.
THAT WAS PRETTY MUCH THE POINT THAT UNLESS - I THINK IT'S SAFE TO SAY THAT YOU AGREED TO DO ALL OF THE DUE DILIGENCE AND FOLLOW ALL THE RULES.
AND THAT THERE'S A LOT OF RULES.
AT THIS TIME, WE'LL OPEN THE PUBLIC HEARING FOR
[02:40:02]
THE UH, WELL FIELD.UH, THE PERSON SIGNED UP TO SPEAK WILL BE ALLOWED THE FOUR MINUTES.
UH, WE'LL ASK YOU TO STATE YOUR NAME, WHETHER YOU OPPOSE OR, UH, APPROVE OF THE, UH, APPLICATION.
ONE OF THE, UH, NORTHWEST POINTS OF THAT WELL THAT THEY WERE SHOWING, IT'S RIGHT ACROSS THE LANE FROM MY PROPERTY.
THEY GOT A TEST WELL LESS THAN 100 FEET FROM OUR PROPERTY.
I'M VERY MUCH IN OPPOSED TO IT.
I'M NOT UNDERSTANDING WHY IN 2018, ONE OF THE CONDITIONS PUT IN WAS THAT IF THERE WAS AN EFFECT WITH OUR WELLS, UH, I MEAN, WE, MY, MY HOUSE IS 34 YEARS OLD.
WE DON'T HAVE A WELL THAT WAS DESIGNED TO GO UP AGAINST WHAT THEY'RE GETTING READY TO PUT IN RIGHT NEXT DOOR TO ME.
AND WHEN MY WATER, WHICH HAS STARTED TO GO DOWN AND SHOW WATER, I EVEN HAVE INSTALLED A NEW DEEP WELL PUMP BECAUSE I THOUGH MY PUMP WAS GOING BAD, A NEW TANK, BECAUSE I THOUGHT MAYBE THE TANK WAS PULLING AIR OR WHATEVER, AND IT'S NOT ME.
BUT I FOUND OUT THEY'VE BEEN PUMPING WATER FROM WALLETS FROM AND NOW THEY'RE GONNA GO RIGHT NEXT DOOR TO ME.
AND I CAN'T, I KNOW I, MY ARGUMENT'S NOT GONNA GO UP AGAINST AND ALL THESE EXPERTS YOU BROUGHT.
BUT WHAT I AM CONCERNED ABOUT IS THAT I HAVE A HOME THAT I BOUGHT AND PAID FOR.
NOW YOU'RE GONNA PUT AN INDUSTRIAL SITE RIGHT NEXT TO IT WITH NOISE AND TAKING WATER AND AFFECTING IT.
AND OF ALL THOSE SLIDES THEY SHOWED, THEY DIDN'T SHOW ANYTHING ABOUT THE IMPACT TO THE HOUSES THAT ARE ALREADY THERE.
AND THE POINT IS, WE ARE ALREADY THERE.
SO UNTIL SOMEBODY WANTS TO TAKE A RESPONSIBILITY ON WHAT HAPPENS TO JOHN'S WATER OR MY WATER OR ANYBODY ELSE, NOT ONE PERSON HAS COME OVER AND SAID, "CAN WE TAKE A LOOK AT YOUR WATER OR SEE, SET A BASELINE ON WHAT I GOT?" AND THEN SAY WHAT HAPPENS ONCE THEY FIRE ALL THESE PUMPS AND WHATEVER.
ALL THEY CARE ABOUT IS WHAT THEY GIVE FOR THEM.
AND IF YOU CONTINUALLY GIVE THEM ACCESS TO DO THAT, YOU'RE NOT LOOKING OUT FOR ALL THE CITIZENS.
I'M NOT BUT I'VE BEEN IN WALLACE SOLOMON FOR A VERY GOOD WHILE.
AND NOT TAKING INTO CONSIDERATION OUR HOMES, NOT TAKING CONSIDERATION.
WE'RE USED TO HAVING ANIMALS WALK ACROSS THAT FIELD.
NOW WE'RE GONNA LISTEN TO PUMPS AND PIPES AND ALL OF THAT.
IT'S JUST NOT RIGHT WITHOUT TAKING FULL CONSIDERATION AND LOOKING OUT FOR WHAT COULD HAPPEN.
SHE SHOWED THE DIFFERENT AQUIFERS FOR THE HOUSE AS OPPOSED TO WHAT THEY'RE PULLING.
BUT NOBODY SAID ANYTHING ABOUT WHAT EFFECT IT WILL HAVE IN TWO, THREE, FIVE, SIX YEARS AND WHAT IT'S ALREADY STARTING TO HAVE.
SO THAT BEING SAID, I HAVE A REAL BIG ISSUE WITH CONTINUALLY GIVING THEM LIMITED ACCESS BECAUSE THEY'RE JUST GONNA ASK FOR MORE UNTIL THEY GET WHERE THEY WANT TO GET, UNLESS THERE'S STIPULATIONS SAYING THAT SHOULD THIS AFFECT THESE HOUSES IN THIS PARTICULAR AREA OR WHATEVER, THEY'RE NOT RESPONSIBLE, YOU ARE.
MY WATER WAS FINE UNTIL, LIKE SHE SAID, ABOUT FIVE YEARS AGO THEY STARTED PUMPING THIS, THAT OR THE OTHER.
I DIDN'T EVEN KNOW THAT WAS GOING ON UNTIL I CAME TO A MEETING, LIKE I SAID, BACK IN 18 OR WHATEVER AND NEVER HEARD ANOTHER THING ABOUT IT.
BUT NOW THEY'LL GET READY TO GO FOR A BOARD.
SO I KNOW PROBABLY WITH MONEY THAT'S INVESTED IN THERE THEY'RE GONNA SAY, YEAH, OKAY, BUT I WANT SOME STIPULATIONS THAT'S GONNA LOOK OUT FOR MY PROPERTY THAT IS ALREADY THERE.
YOU ALREADY GONNA TAKE AWAY THE AGRICULTURE AND THE ANIMALS AND THE WILDLIFE FROM ME, WHICH IS RIGHT NEXT DOOR.
I COME, I COME OUTSIDE IN THE MORNING, IT'S DONE ON MY DECK AND WATCH THE DEERS AND WALK AROUND.
THE DEER ISN'T GONNA HANG OUT WHEN YOU GOT THOSE MACHINES PUMPING.
SO YOU DEFINITELY HAVE AN EFFECT TO THE WHOLE NEIGHBORHOOD.
DO YOU HAVE ANYTHING DIFFERENT? WITH THAT BEING SAID, WE'LL CLOSE THE PUBLIC HEARING.
CAN I ASK A QUESTION? YES, WE WILL COME FOR A DISCUSSION.
UM, WHAT, WILL THESE BE, UH, SUBMERSIBLE PUMPS OR WILL THEY BE
[02:45:01]
TURBINES WITH THE ELECTRIC MOTORS ON SURFACE? YEAH, THEY WOULD BE SUBMERSIBLE PUMPS.30 HORSEPOWER? NO, THEY'D BE MUCH SMALLER.
UM, WE'RE PROBABLY 85 GALLONS A MINUTE.
WE'RE LOOKING AT 15 HORSEPOWER.
SO THE, THE, THE MOTOR'S DOWN IN THE WELL? YEAH, THE MOTOR WOULD BE DOWN IN THE WELL.
UH, THE MOTORS WOULD BE DOWN IN THE WELL AND YOU WON'T HEAR ANYTHING.
YOU KNOW, SUBMERSIBLE MOTORS ARE DOWN A COUPLE HUNDRED FEET DOWN UNDERGROUND.
UM, WOULDN'T TYPICALLY HAVE ANY VIBRATIONS OR ANYTHING LIKE THAT.
AND PIPELINES ARE ALL GONNA BE VERY THREE AND A HALF FEET DEEP, SO NO SOUNDS ASSOCIATED WITH THE PIPELINES.
AND, AND THEN THE SHED, THE PROPOSED SHEDS WOULD BE AT EACH WELLHEAD? RIGHT NOW IN THE CURRENT CONFIGURATION, WE'RE LOOKING AT, UM, HAVING THE WELLHEAD AND THEN THE PIPES WOULD GO INTO THAT SHED FOR MAINTENANCE AND WEATHERPROOFING SO THAT WAY THE PIPES, YOU KNOW, WOULDN'T FREEZE OR - AND SECURITY.
UM, THEY COME IN SOME STANDARD FINISHES, UM, STANDARD ROOF FINISHES AS WELL.
SO A PRETTY COMMON UTILITY TYPE BUILDING.
AND THERE'S SUPPOSED TO BE VEGETATION? SO WHEN THEY SAID VEGETATION, I THINK THEY'RE REFERRING TO JUST GRASS, YOU KNOW, THE, THEY'D HAVE, UM, JUST WIDE OPEN GRASS THAT WOULD BE MOWED, YOU KNOW, ON A REGULAR SCHEDULE.
I WOULDN'T EXPECT A LARGE MEADOW THAT'S, YOU KNOW, TWO FEET HIGH.
GRASS IS, I WOULD THINK IT'D BE KEPT AT A MORE REASONABLE STANDARD GRASS LEVEL, FOUR INCHES.
IS THERE GONNA BE A FENCE? YEAH, THEY'RE PROPOSING A FENCE.
UH, RIGHT NOW I THINK WE'RE LOOKING - LOVELY CHAIN LINK OR PRETTY? MIKE, WHAT KIND OF FENCE? I PREFER NONE.
I, WE, WE PROPOSED A FENCE PROBABLY OF A CHAIN LINK GARAGE AS NASA HAS RIGHT ACROSS THE HIGHWAY AND JUST FOR SECURITY.
UM, WE, WE, WE CAN DISCUSS DIFFERENT TYPES OF FENCES, BUT AS I SAID, UH, THIS WOULD BE A SECURITY MEASURE FOR OUR WELLS.
AT OUR PREVIOUS MEETING, UH, WE DID BRING UP THE ISSUE OF WHAT HAPPENS IF YOU DRAW DOWN AND YOU AFFECT THE NEIGHBOR'S WELLS.
UH, WHERE ARE WE WITH ACCEPTING RESPONSIBILITIES OR IN THE EVENT THAT THAT DOES HAPPEN? UH, I MEAN, VDEQ IS - CAN YOU SPEAK FROM THE PODIUM? YEAH, YEAH.
THESE, THESE MEETINGS ARE STARTING.
VD- VDEQ IS NOT GOING TO, UH, ALLOW THESE - THAT, THAT, THAT WASN'T MY QUESTION.
UH, WELLS TO GO IN IF THEY'RE, IF, IF THEY ANTICIPATE DRAWDOWN.
EXCUSE ME, THAT WASN'T MY QUESTION.
CAN WE PULL UP THE SLIDE THAT SHOWS, BECAUSE THERE WAS SOME DATA.
I, I - ARE WE ALLOWED TO DO THAT? I JUST ASKED THE QUESTION.
WHAT HAPPENS IN THE EVENT THAT YOUR WELLS DO AFFECT AND CAUSES DAMAGE TO THE NEIGHBORS? WHAT ARE YOU PREPARED TO DO? THEY - MITIGATIONS.
THEY WILL NOT GET A PERMIT IF IT'S GONNA DRAW DOWN THEIR WELLS, RIGHT? I, I DIDN'T SAY THAT.
ALL I ASKED WAS IN THE EVENT THAT IT DOES HAPPEN, WHAT ARE YOU PROPOSING AS A REMEDY IF YOU, UH, IF IT'S BEING SHOWN THAT YOU DID INDEED CAUSE A LANDOWNER TO HAVE TO PUMP, UH, DRILL A WELL ANOTHER HUNDRED FEET DEEPER THAN THE ORDINARY WOULD? MY QUESTION ONLY WAS, WHAT HAPPENS IF THAT HAPPENS? YEAH.
IF WE WORK WITH VDEQ FOR A MITIGATION.
UH, A- A - I CAN HONESTLY SAY I'VE BEEN THERE, DONE THAT.
YOU KNOW, UH, I PUT IN AGRICULTURAL WELLS IN, UH, PROXIMITY OF A TOWN AND, UH, UH, ONE WOMAN CLAIMED THAT I WAS SUCKING THE WATER OUT OF HER TOILET AND, UH, WHICH IS TOTALLY NOT POSSIBLE.
UH, WE FOUND THAT EVERYBODY THAT HAD SUBMERSIBLE PUMPS HAD NO EFFECT ON THEM.
WE DID HAVE PEOPLE CLAIM THAT WE WERE AFFECTING THEM, AND WHEN THE LOCAL WELL DRILLER CHECKED THEM, WELLS DON'T GO DRY.
THE STATIC WATER LEVEL GOES DOWN TO WHERE THEY CAN'T GET THE WATER.
SO, WHICH IS ONGOING IN THE EASTERN SHORE ANYWAY, DOESN'T MATTER WHERE YOU ARE.
AND THE PREDOMINANT PROBLEM WAS THAT THEY WERE OLDER WELLS WITH SHALLOW WELL HOOKUPS, AND THAT SOMETIMES A SHALLOW WELL HOOKUP WITH A DEEP WELL WHERE YOU GOT TWO TUBES IN THE PUMP, ONE GOING IN
[02:50:01]
AND ONE PUTTING OUT, RESOLVED THE ISSUE AND SOMETIMES NOT.THE SOLUTION WAS A NEW WELL, AND IT WAS A PREEXISTING CONDITION.
AND, AND HAVING BEEN THERE AND DONE THAT AND PUT WELLS, PRODUCTION WELLS PUMPING 400 GALLONS A MINUTE WITHIN 200 FEET OF RESIDENTIAL WELLS WITH SUBMERSIBLE PUMPS HAD NO EFFECT.
AND WE WERE IN THE, AND WE WERE IN THE SAME AQUIFER.
WE WERE NOT IN A DIFFERENT AQUIFER.
IF I WAS YOUR NEIGHBOR AND I THOUGH, ASSUMED, OR HAD SOME INKLING THAT YOUR WELL WAS DRAWING DOWN OR INTERFERING WITH MY WELL, WOULDN'T THAT BE A REMEDY THROUGH THE CIRCUIT COURTS AND BE THE ONUS ON ME TO PROVE THAT YOU ARE DAMAGING MY WELL? WELL, WE, AS I SAID, WE DIDN'T DAMAGE ANY WELLS.
BUT WOULDN'T IT BE - WE DIDN'T DRAW DOWN - I WOULD HAVE TO PROVE THAT.
NO, THE, THE, THE WELLS THAT WERE, THEY WERE CLAIMING WERE HUNDREDS OF YARDS AWAY.
AND THEY WERE, THEY, THEY WERE WELLS THAT THEY DIDN'T GO DRY.
YOU KNOW, THEY DON'T DRILL THEM ANYMORE.
YOU DON'T PUT IN TWO INCH WELLS WITH A SHALLOW WELL HOOKUP.
SO MY, MY, MY, I UNDERSTAND THAT.
SO THE POINT IS A REMEDY FOR A PERSON, IF, IT'S ONE THING TO MAKE A CLAIM, IT'S ANOTHER THING TO PROVE IT.
SO, I MEAN, IF I'M YOUR NEIGHBOR AND I PROVE TO THE COURT THAT YOU HAVE DAMAGED MY WELL, THEN I HAVE RECOURSE.
IT'S A VERY HARD THING TO PROVE.
UH, ANY OTHER QUESTIONS? YES, I HAVE A QUESTION.
SO THERE WAS A TEST WELL THAT WAS INSTALLED.
WAS THERE ENGAGEMENT WITH THE CITIZENS OR THE RESIDENTS IN THAT AREA WHEN THAT TEST WELL WAS INSTALLED? NO.
NONE AT ALL? AND DID YOU SAY THAT THE WELL HAD TO BE SUBMERSIBLE OR NOT TO IMPACT IT OR IT - WELL, WELL, THERE, THERE, AS I SAID, THE WELLS DON'T GO DRY.
THE, THE WATER LEVEL GOES DOWN.
AND IF YOU'VE GOT A, A, A SURFACE WATER PUMP WITH A CENTRIFUGAL PUMP ON IT, WITH A SHALLOW WELL HOOKUP OR EVEN A DEEP WELL HOOKUP, AND THE STATIC WATER LEVEL GOES DOWN, YOU CAN'T GET IT.
BUT SUBMERSIBLE WATER, SUBMERSIBLE PUMPS DO.
SO IF I HAD AN OLDER PUMP, THEN IN ORDER TO CONTINUE WITH THE SAME LEVEL OF WATER, I WOULD HAVE TO, UH, PURCHASE, UH, SOMETHING.
I MEAN, THEY, THEY HAVE THE CRITERIA WHERE THEY, IT'S CALLED A CONE OF DEPRESSION.
SO WHEN THEY, WHEN THEY DRAW, THEY DO THE DRAWDOWN STUDIES AND THEY HAVE ALL OF THAT INFORMATION WILL BE PERFORMED AND REVIEWED BY DEQ TO DO THE DRAWDOWN STUDIES.
THE DRAWDOWN STUDIES ARE DONE BY THE, BY THE TEST WELLS.
AND THEY HAVE TO GO OUT THERE AS, YOU KNOW, 24 HOURS OR 48 HOUR.
AND, AND SO THEY, THEY HAVE A CENTRAL SOURCE AND THEN THEY'VE GOT SATELLITES WHERE THEY'RE MONITORING IN THAT AQUIFER.
AND AS HE MENTIONED, THERE'S A CONFINING LAYER BETWEEN THE AQUIFER THEY'RE GONNA BE IN.
SO THE, THE EASTERN SHORE, IT'S NOT LIKE YOU, YOU CAN GO ONE LOCATION HERE AND GET WATER AND GO HALF A MILE AWAY AND YOU'RE NOT GONNA GET IT EVEN AT THE SAME DEPTH.
THERE'S A REASON PURDUE AND TYSON ARE WHERE THEY ARE.
THOSE WERE FOUND TO BE HIGH PRODUCTIVE AREAS OF WATER.
AND THEN AS YOU GO, YOU HAVE YOUR UNCONFINED WATER, WHICH IS A LOWER QUALITY AND NOT USEFUL ANYMORE.
YOU KNOW, YOU USED TO HAVE PITCHER PUMP WELLS.
YOU KNOW, YOU CAN'T DO THOSE ANYMORE.
UH, WE HAVE, UH, ANY OTHER QUESTIONS BEFORE WE GO TO, UH, THE QUESTION? UH, DID YOU MENTION THAT THERE WERE THE TWO CONDITIONS? UH, COULD YOU REVIEW THOSE FOR US QUICKLY? EXCUSE ME.
SO THESE ARE THE TWO CONDITIONS THAT THE STAFF IS RECOMMENDING.
UM, THE FIVE YEAR EXPIRATION AS OPPOSED TO THE STANDARD TWO.
AND THEN THE, UH, REQUIREMENT THAT THE APPLICANT SUBMIT THE, UM,
[02:55:02]
SUBMIT THE SITE PLAN TO THE, UM, UH, YOU KNOW, TO THE PLANNING COMMISSION FOR INFORMATIONAL PURPOSES.THAT SITE PLAN, BY THE WAY, WILL BE REVIEWED ADMINISTRATIVELY BY THE, UM, BY THE, UH, COUNTY PLANNING STAFF.
THIS IS A THIRD CONDITION FROM 2018 THAT THE STAFF FOUND LACKING IN SPECIFICITY AND ENFORCEABILITY.
AND, UM, AND, UH, UH, THIS IS AN ALTERNATIVE TO THAT THIRD CONDITION THAT, UH, YOU MAY WANT TO TAKE UP WORDSMITH, AMEND HOWEVER YOU SEE FIT.
AND THEN WITH REGARDS TO THE GROUNDWATER WITHDRAWAL, THIS IS A POTENTIAL FOURTH CONDITION IF YOU DECIDE THAT YOU WANT TO INCLUDE THAT AS WELL.
DO REGULAR SITE WORK AND CONSTRUCTION RULES APPLY WHEN BUILDING THE...
WE, I MEAN, THERE ARE CONSTRUCTION AND SITE WORK RULES - YES.
ARE YOU SAYING WE GO ABOVE AND BEYOND THAT? NO.
UM, GOING BACK TO THE BEGINNING, UH, SO WHICH CONDITION DID YOU HAVE TO QUESTION THAT QUESTION? I MEAN, WHENEVER YOU'RE DOING SITE WORK, YOU GOTTA PUT UP A FILTERED FENCE AND YOU GOT TO DO X, Y, AND Z BEFORE YOU DO SITE WORK OR WHEN YOU BUILD A BUILDING OR ANYTHING LIKE THAT.
I MEAN, THEY HAVE THOSE RULES THAT THEY'RE GONNA HAVE TO COMPLY WITH ANYWAY.
SO THIS SITE PLAN PURSUANT TO SECTION 106226C OF THE COUNTY CODE IS ESSENTIALLY AN OVERALL CONSTRUCTION PLAN THAT INCLUDES, UM, ANY POTENTIAL, UM, STORMWATER MEASURES THAT ARE REQUIRED.
BUT, UH, TO, TO YOUR POINT, I BELIEVE YOU'RE TALKING ABOUT EROSION AND SEDIMENT CONTROL.
THE, UM, THE, UH, THE LAND DISTURBANCE, UH, APPEARS, YOU KNOW, OF COURSE WE WOULD HAVE TO DETERMINE THAT THE LAND DISTURBANCE DOES NOT RISE TO THE LEVEL OF REQUIRING STORM WATER, BUT, UH, IN ANY CASE, THEY WILL BE REQUIRED TO DO, UM, EROSION AND SEDIMENT CONTROL MEASURES THAT WOULD, UM, YOU KNOW, THAT WOULD MITIGATE THOSE, UH, UH, EROSION AND SEDIMENT.
SO WHAT WE'RE TALKING ABOUT IS DURING CONSTRUCTION DUST OR, UH, DEBRIS OR...
OR, OR IS THAT AN ONGOING REQUIREMENT? WE GOT, YOU KNOW, DO WE HAVE TO CUT GRASS? DO WE LET IT GROW UP IN A MEADOW? WHAT, YOU KNOW, WHAT EXACTLY ARE WE TRYING TO PIN DOWN ON THIS IS MY QUESTION.
I MEAN, I REALIZE IT'S SHINKOTIG AND SOMETIMES THEY DO THINGS A LITTLE DIFFERENT THAN EVERYBODY ELSE, BUT I EXPECT THEM TO CUT THE GRASS.
WELL, YOU CAN ALWAYS ADD, UM, WHAT WE CONSIDER A STANDARD CONDITION THAT THE SITE SHALL BE, UM, IT SHALL BE PROPERLY, UH, MAINTAINED AT ALL TIMES TO INCLUDE, UM, YOU KNOW, GRASS, UH, THE PIPE GRASS.
UH, THAT'S NOT ONE THAT WE, THAT WE ENFORCE.
THE SHERIFF'S DEPARTMENT ENFORCES, UH, TALL GRASS, IF, IF THAT'S SOMETHING SPECIFIC.
I MEAN, THAT'S NOT SOMETHING WE CAN LEGISLATE FROM HERE.
WE'RE SIMPLY BEING ASKED TO REZONE IT.
YOU'RE BEING ASKED TO, UH, TO MAKE A RECOMMENDATION ON THE CONDITIONAL USE PERMIT.
UM, CURRENTLY OUR WELLS, ALL EIGHT WELLS LOCATED ON NASA PROPERTY, THEY'RE ALL FENCED OFF INDIVIDUALLY FROM NASA'S PROPERTY.
WE CUT THE GRASS THERE, JUST LIKE WE WILL HERE.
WE WILL FOLLOW ALL THE, UH, ALL CONSTRUCTION APPLICATION OR CONSTRUCTION PERMIT, UH, REQUIREMENTS THAT ARE REQUIRED IN ONE BUILDING PROCESS.
THIS WON'T BE A FLY BY NIGHT, UH, PROJECT.
IT'LL BE PROFESSIONALS DOING IT WITH WELL.
DO I, DO I NEED TO COME UP WITH VERBIAGE THAT'S GOING TO BE ABOVE AND BEYOND WHAT WOULD ALREADY BE REQUIRED? THAT'S MY QUESTION.
AS I SAID, WE, WE CUT ALL THE GRASS AROUND OUR WELLS NOW.
I, I THINK THAT'S INCIDENTAL TO THE DAMAGE THAT CAN HAPPEN TOO.
I MEAN, WE STILL HAVEN'T ADDRESSED THAT.
SO CAN WE ADDRESS THAT IN A WAIVER, UH, OR IN REWORDED THIS TO OFFER SOME RELIEF TO THE NEIGHBORS IN ANY WAY? IF INDEED - I'D BE WILLING TO ENTERTAIN A SUGGESTION ON HOW TO WORD THAT.
UM, I, YOU KNOW, THE, THE STAFF'S CRITERIA ON THE BACK END OF THIS THING IS THAT WE HAVE TO BE ABLE TO UNDERSTAND IT AND WE HA - AND IN DOING SO, IT'S GOT TO BE CLEAR ENOUGH TO ENFORCE.
HOWEVER, WHENEVER THE PLANNING COMMISSION DECIDES TO RECOMMEND, UH, YOU KNOW, UH, IT JUST HAS TO, WE JUST HAVE TO BE ABLE TO UNDERSTAND.
UH, HOPEFULLY, UH, THE, THE PEOPLE, UH, THE APPLICANT
[03:00:01]
WILL TAKE SOME STEPS TO ADDRESS, UH, THIS CONCERN FROM THE NEIGHBORS.UH, EVIDENTLY, I HAVEN'T HEARD OF MUCH CONTACT BETWEEN THE NEIGHBORS, AND I WILL SAY THAT I DRILLED WELLS DEEPER NEAR PURDUE THAN I DO ANYWHERE ELSE.
UH, SO I, I WOULD HOPE THAT SOMEHOW THIS DISCUSSION LEADS TO SOME POSITIVE INTERACTION WITH THE PEOPLE THAT YOU MAY AFFECT, UH, RECOGNIZING THAT, UH, YOU CAN CAUSE, UH, HOWEVER REMOTE IT MAY BE, YOU CAN CAUSE DAMAGE BY DRAWING, UH, DOWN FROM LIMITED.
SO MOVING FORWARD, UH, CAN WE, UH, MOVE FORWARD WITH THE, UH, MOTION? UH...
I, I JUST IMAGINE A SIMILAR CONVERSATION TAKING PLACE IN 2018, WHICH WOULD LEAD TO - UH...
TO A CONDITION LIKE THIS, BUT AGAIN, IT'S SO...
IT'S, IT'S SO, UH, YOU KNOW, UH, IT, IT, IT'S NOT CLEAR IN, IN WHAT THIS LANGUAGE IS.
MY ONLY POINT AT THIS, YOU KNOW, I- I- IS TO JUST, IF, IF YOU WANT TO, UH, IF YOU WANT TO CONDITION SOME SORT OF CONTACT BETWEEN THE APPLICANT AND ADJACENT OWNERS TO...
I, IT, YEAH, JUST WANT RECOGNITION THAT IF YOU HEARD ME, THEN I, I SHOULD GET SOME TYPE OF, UH, SO.
CAN THAT, CAN THAT BE IN WRITING IN THIS, IN THIS PROPOSAL? CAN IT, IN THIS CONDITIONAL PRO - WHEN WE'RE SUBMIT, SENDING THIS FORWARD, CAN THAT BE INCLUDED IN THERE THAT THERE IS SOME ENGAGEMENT WITH THE, UM, NEIGHBORING RESIDENTS IN REFERENCE TO THIS, SINCE THERE WAS NOT ANY ENGAGEMENT WHEN THEY DID THE TEST WELL? A FIFTH CONDITION, IF YOU DECIDE TO TAKE UP A REWORDED THIRD AND THE, UH, AND THE, UH, UH, PROPOSED FOURTH, A FIFTH CONDITION COULD READ SOMETHING TO THE EFFECT OF, UH, THE APPLICANT SHALL CONTACT, UH, SHALL CONTACT, UH, RESIDENTIAL PROPERTY OWNERS EITHER DIRECTLY ADJACENT TO OR WITHIN A CERTAIN RADIUS OF THE, UM, UH, UH, YOU KNOW, OF THE WELLS TO...
I DON'T THINK WE CAN LITIGATE LIABILITY HERE.
I MEAN, IF, IF THE TOWN BECOMES LIABLE FOR ANOTHER PERSON'S WELL, THEN THAT PERSON HAS LEGAL RECOURSE AND IT WOULD BE A LOT OF MONEY.
AND I DON'T THINK SHINK TIG IS INTERESTED IN SPENDING A LOT OF MONEY.
AND, AND THE, THE PROPOSED CONDITION, OR AT LEAST WHAT I'M HEARING HERE AT THE PODIUM IS NOT ABOUT LIABILITY WHEN IT JU - BUT JUST PROVIDED SOME KIND OF EVIDENCE THAT THE TOWN AND THE ADJACENT PROPERTY OWNERS ARE, ARE, ARE, ARE TALKING - ULTIMATELY THAT, THAT IS LIABILITY.
UL- ULTIMATELY, THAT IS LIABILITY.
CAN I MAKE SUGGESTIONS? CAN, CAN I MAKE SUGGESTIONS? OKAY.
AFTER THIS, WE'RE GONNA MOVE ON.
UH, WE, THE TOWN WOULD BE GLAD TO HOST A MEETING WHEREBY IF THE CITIZENS IN THE AREA ARE CONCERNED, WE'D BE GLAD TO SIT DOWN WITH THEM, HAVE FOLKS IN THE ROOM WE KNOW HOW TO ANSWER THESE QUESTIONS, HAVE THE ANSWERS THEY ARE LOOKING FOR, AND, AND HAVE A DISCUSSION WITH THEM.
WE COULD DO THAT IN THE FUTURE HERE IN THE NOT TOO DISTANT FUTURE AND TRY TO MAYBE ALLEVIATE INTERFERENCE AT THE, UH - YEAH.
IF THAT HAD HAPPENED - WE'D BE GLAD TO DO THAT.
THIS WOULDN'T HAVE HAPPENED TONIGHT, SO WE'LL LEAVE THAT UP TO YOU.
OKAY, DO WE HAVE A PROPOSED, UH, HAVE WE GOTTEN DOWN TO WORDING OR VERBIAGE THAT WE CAN USE? THIS, UM, THIS STAFF RECOMMENDATION TALKS ABOUT TWO CONDITIONS.
THE RECOMMENDED MOTION TALKS ABOUT, AND I HIGHLIGHTED TWO CONDITIONS.
IF YOU WANTED TO INCLUDE THE OTHER TWO CONDITIONS, YOU COULD SAY THE FOUR CONDITIONS RECOMMENDED BY STAFF, UNLESS YOU HAVE SOME, UM, YOU KNOW, SOME, UH, REVISIONS TO WHAT WE'RE, UH, WHAT WE'RE SUGGESTING.
I, I THINK I AGREE WITH YOU THAT IT IS KIND OF VAGUE, UH, TO TRY TO ENFORCE GOOD, GOOD INTENTIONS.
YOU KNOW, WE CAN'T MAKE YOU DO THAT OR LEGISLATE THAT, SO, UH, HOPEFULLY, UH...
YOU READY? I MOVE THAT THE PLANNING COMMISSION RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS, CUSE-000149 - 2026 FOR A PUBLIC WATER FACILITY PER SECTION 106-646 ON TAX PARCELS 28A73B AND 25-5-1 THROUGH SIX WITH THE TWO CONDITIONS
[03:05:01]
RECOMMENDED BY STAFF.YOU HAVE A MOTION TO APPROVE, UH, THE APPROVAL OF THE PUBLIC USE PER, UH, CONDITIONAL USE PERMIT FOR SHANKATEG.
UH, DO I HAVE A SECOND? SECOND.
UH, BEFORE YOU PROCEED, SO NO CONDITION, NO THIRD, NO REWRITTEN, NO REWORDED THIRD CONDITION AND NO, UH, CONDITION ABOUT THE, UH, UH, EVIDENCE OF DEQ CONSENT.
COULD, COULD WE ADD, COULD WE ADD A CONDITION IF THE STAFF CAN COME UP WITH WORDING THAT WILL BE ACCEPTABLE? OR ARE YOU WILLING TO...
UM, SO WHILE THE RECOMMENDATION WAS FOR THE TWO, UH, WE DID CONS - WE DID CONSIDER ADDING THIS FOURTH JUST TO, UH, UH, YOU KNOW, JUST TO MAKE, MAKE SURE THAT DEQ WAS ON BOARD WITH THIS.
AND, AND AS THE APPLICANT HAS STATED, THERE ARE A LOT OF, UH - YEAH.
THERE ARE A LOT OF REGULATIONS TO GO THROUGH, UM, BUT THIS COULD BE ADDED, UM, ASSURANCE THAT, UM...
SO I AM IN MINE TO INCLUDE THE FOURTH CONDITION? IS IT THE FOURTH OR THE THIRD? WHICH ONE ARE THE FOURTH CONDITION, THIS ONE RIGHT HERE? FOURTH CONDITION.
SO - DEQ WOULD, MUST PROVIDE THEIR FINDINGS TO THE COUNTY.
SO YOU WOULD AMEND IT TO SAY INSTEAD OF THE TWO CONDITIONS, IT WOULD BE THE FOUR CONDITIONS.
WE, WE HAVE AN AMENDMENT TO, TO THE MOTION.
THE AMENDMENT, IS IT, IS IT ACCEPTABLE TO THE BOARD? DO WE HAVE A MOTION TO ACCEPT? I MOVE THAT WE ACCEPT.
WE HAVE A MOVE TO ACCEPT THE MO - AMENDMENT TO THE MOTION.
UH, DO I HAVE A SECOND? SECOND.
YEAH, WE HAVE A, THE MOTION ON, ON THE FLOOR NOW WITH THE AMENDMENT.
UH, DO I HAVE A SECOND? SECOND.
IT'S BEEN PROPERLY MOVED AND SECOND TO ACCEPT THE MOTION WITH THE AMENDMENT FOUR ADDED.
SO THE CONDITIONAL USE PERMIT, UH, FOR THE FIELD HAS BEEN APPROVED FIVE TO ZERO.
UM, GETTING BACK TO THIS FOURTH PUBLIC HEARING, WHICH I PROMISE IS GOING TO BE MUCH SHORTER.
COUNTY PLANNER REALLY WILL, UM, WILL PRESENT.
UH, THIS PUBLIC HEARING AGAIN IS GOING TO BE ON ORDINANCE AMENDMENTS TO CHAPTER 78-13 SUBDIVISION, UH, LOT VALIDATIONS.
SO AT THE BOARD OF SUPERVISORS, AUGUST 19TH, UH, 2026 MEETING, UM, THEY PASSED AN INITIATING RESOLUTION FOR STAFF TO START THE PROCESS OF MODIFYING THE CRITERIA UNDER WHICH CERTAIN UNAPPROVED DIVISIONS OF LAND MAY BE VALIDATED.
UH, THIS PROPOSED AMENDMENT WILL ELIMINATE THE REQUIREMENT THAT APPLICANT SUBMITTED BEFORE THE SUBDIVISION FOR PLAT REVIEW AND APPROVAL BY THE COUNTY PROVIDED THAT THE ORIGINAL RECORDED INSTRUMENT DEPICTING THE DIVISION CONTAINS LEGIBLE DISTANCES AND BEARINGS AND IS STA- STAMPED BY A LICENSED SURVEYOR OR PROFESSIONAL ENGINEER.
UM, 783 - SECTION 7813 WAS ALSO PREVIOUSLY AMENDED ON JULY 19TH OF 2023, UH, WHICH ESTABLISHED AN ADMINISTRATIVE PROCESS FOR VALIDATING CERTAIN UNAPPROVED LAND DIVISIONS THAT WERE REPORTED BETWEEN MAY 1ST, 1973 AND DECEMBER, UH, 31ST OF 2022.
UM, THAT AMENDMENT, OUT OF THAT AMENDMENT CAME EIGHT, UH, VALIDATION CRITERIA.
WHAT WE ARE GOING TO BE FOCUSING ON IS NUMBER SEVEN AND NUMBER EIGHT, WHICH YOU CAN SEE OUTLINED IN THAT REAR TRIANGLE.
AND THEY ARE REPRESENTED HERE IN THE RED TEXT.
UM, SO I'M GONNA READ SEVEN AND EIGHT AND ALSO WHAT THE PROPOSED CHANGES ARE INTO THE RECORD.
SO RIGHT NOW, SEVEN READS AS, "PREPARE AND SUBMIT FOR COUNTY APPROVAL, A SUBDIVISION PLAT CERTIFIED BY A LICENSED SURVEYOR OR PROFESSIONAL ENGINEER SHOWING THE BOUNDARIES OF THE LOT AT ISSUE." THE PROPOSED, UH, CRITERIA READS, "PROVIDE
[03:10:01]
THE COUNTY WITH THE REPORTED INSTRUMENT ON WHICH, ON WHICH THE APPROVED, UNAPPROVED DIVISION OF LAND IS SHOWN, WHICH INSTRUMENT MUST SET FORTH LEGIBLE DISTANCES, BEARINGS, DIMENSION 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 LOTS, LOT OR LOTS AT ISSUE." NUMBER 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." THE PROPOSED CRITERIA READS, "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 ARE TO STREAMLINE THE VALIDATION PROCESS, UH, REDUCE COSTS AND ADMINISTRATIVE BURDENS FOR PROPERTY OWNERS AND TO UTILIZE EXISTED, EXISTING RECORDED DOCUMENTATION WHEN IT PROVIDES, UH, SUFFICIENT INFORMATION.UM, AND WITH THAT BEING SAID, FOR THIS, UM, ORDINANCE AMENDMENT, THERE WAS ONLY ONE PUBLIC COMMENT AND THAT WAS IN FAVOR.
SO WE CURRENTLY HAVE A RESIDENT WHO IS IN A SITUATION WHERE THEY HAVE TO SUBMIT, UM, A NEW SUBDIVISION PLAT WHEN THERE IS ALREADY SOMETHING CURRENTLY ON FILE AT THE CLERK'S OFFICE THAT HAS THE, HAS SUB - UM, SUFFICIENT INFORMATION ON IT.
BUT UNTIL SOMETHING LIKE THIS CAN BE APPROVED, HE IS FACED WITH PAYING OVER $4,000 TO GET A NEW SUBDIVISION PLAT.
SO IN HIS WORDS, UM, I'LL READ ONE OF THESE SENTENCES, UM, "PLEASE MAKE THE NECESSARY AMENDMENTS TO CHAPTER 106, LIFT THIS UNNECESSARY BURDEN FROM THE PROPERTY OWNERS OF THE COUNTY." UM, SO THAT WAS THE ONLY PUBLIC COMMENT THAT WAS RECEIVED, AND I WOULD JUST LIKE TO NOTE THE PROPOSED AMENDMENT DOES NOT ELIMINATE THE VALIDATION PROCESS OR THE OTHER REQUIREMENTS INTENDED TO ENSURE THAT THE LOT CAN BE SAFELY AND APPROPRIATELY DEVELOPED.
SO ONE THROUGH SIX WILL STILL STAND AND NO CHANGES ARE BEING PROPOSED TO THOSE.
UM, HERE'S A PROPOSED MOTION, UM, AND AGAIN, TAKE ANY QUESTIONS OR ANSWER ANY QUESTIONS THAT ANY OF YOU MAY HAVE.
SOUNDS PRETTY STRAIGHTFORWARD TO ME.
ARE THERE ANY FURTHER QUESTIONS FROM THE BOARD? WITH THAT BEING SAID, THERE ARE NO PUBLIC, UH, ANYBODY FROM...
NOBODY SIGNED UP FROM THE PUBLIC, SO THERE WILL BE NO INPUT FROM THE PUBLIC.
WITH THAT BEING SAID, UH, IS IT YOUR TURN?
YOU HAVE A MOTION ON THE FLOOR TO APPROVE THE, UH, RECOMMENDATION FROM THE PLANNING, FROM THE, UH, S- STAFF TO, UH, AS STATED BY THE MOTIONER.
OKAY, WE'RE IN THE HOME STRETCH HERE.
SO NUMBER EIGHT, OTHER MATTERS, WE'VE GOT TWO ITEMS FOR YOU.
ONE IS JUST AN UPDATE ON THE CHEROK BAY, UH, KAPPA STUDY UPDATE.
AND, UM, UH, SINCE THE PLANNING COMMISSION ELECTED TO EXTEND, OR RATHER TO, UH, MOVE THE BRIEFING THAT WAS TO OCCUR TONIGHT, UH, UH, TO DECEMBER, WE, WE SUBSEQUENTLY EXTENDED THE COMMENT PERIOD TO NOVEMBER 20TH.
TO DATE, WELL, AT, AS OF THE DATE OF THE REPORT'S PUBLICATION, WE HAD RECEIVED 28 WRITTEN COMMENTS.
AS OF EARLIER TODAY, THAT HAD ACTUALLY BEEN, UH, UH, INCREASED TO, I WANNA SAY, 32 OR 33 COMMENTS RECEIVED FROM THE PUBLIC ON THIS ISSUE.
UM, OUR NEXT STEPS ARE TO, AGAIN, COMPILE THOSE AND TO, AND TO, UH, UH, SUBMIT A REPORT TO YOU.
UH, WE DON'T KNOW IF DEQ IS GOING TO BE AVAILABLE
[03:15:01]
TO MAKE PRESENTATIONS.WE CONTINUE TO INVITE THEM, BUT, UH, UH, FOR, FOR NEXT MONTH, I BELIEVE THAT WE'VE SCHEDULED THREE, UH, WE SCHEDULED, UH, THREE PUBLIC HEARINGS ON ORDINANCE AMENDMENTS, BUT, UH, THIS ONE SHOULD BE THE, UH, UM, SHOULD BE THE CASE OF THE DAY, IF YOU WILL, ON DECEMBER 9TH AS WE PRESENT THAT FIRST DRAFT OF THE REPORT.
ANY QUESTIONS? SO ARE WE ON A- ANY TIME CONSTRAINTS TO GET THIS DONE? NO.
THE ORIGINAL MOTION BY THE BOARD OF SUPERVISORS DID NOT PROVIDE A TIME CONSTRAINT.
THE ONLY TIME CONSTRAINT IS JUST MAKING SURE THAT WE, THAT WE GET IT DONE, BECAUSE AS YOU, AS YOU SAW LAST MONTH WITH OUR, UH, WITH OUR WORKLOAD MATRIX, WE'VE GOT A LOT OF OTHER THINGS ON THE BOOKS AND, UH, AND WE JUST WANNA MAKE SURE THAT WE'RE, THAT WE'RE TURNING THESE OVER, UH, UH, YOU KNOW, IN A, IN A REASONABLE MANNER.
SO WE DON'T WANT THE STUDY TO LINGER, BUT AT THE SAME TO - BY THE SAME TOKEN, THERE WAS NO, THERE WAS NO DUE DATE ISSUED BY THE BOARD OF SUPERVISORS.
BUT THERE IS A PUBLIC HEARING REQUIRED FOR THAT, CORRECT? THERE IS A, THERE IS A PUBLIC HEARING REQUIRED FOR THAT.
THAT WAS PART OF THE MOTION, BUT IT DID NOT SAY WHEN TO HAVE THAT PUBLIC HEARING.
SO I WAS JUST GONNA ASK IF THAT WAS SOMETHING WE WOULD CONSIDER DECEMBER 9TH FOR, FOR JANUARY, OR WOULD WE CONSIDER IT IN JANUARY FOR A PUBLIC HEARING IN FEBRUARY, OR DO YOU HAVE ANY THOUGHTS ON THAT? I THINK YOU'D WANNA SEE THE REPORT BEFORE YOU, BEFORE YOU CONSIDER A PUBLIC HEARING.
WE, WE DON'T EVEN KNOW WHAT THAT REPORT LOOKS LIKE.
WE HAVE A, WE HAVE AN OUTLINE WHICH WE PRESENTED TO YOU, BUT, UH, UM, YOU KNOW, THE COMMENT PERIOD IS STILL OPEN AND WE STILL HAVE TO COMPILE THE REPORT.
SO WE DON'T NEED TO DO ANYTHING ON THIS? NO, SIR.
UM, THE 2027 MEETING SCHEDULE FOR COMMISSION'S REVIEW AT, UH, A- AROUND THIS TIME OF YEAR, WE'D LIKE TO GIVE YOU WHAT THE, WHAT THE NEXT, UH, WHAT THE NEXT YEAR IS GONNA LOOK LIKE IN TERMS OF YOUR REGULAR MEETING SCHEDULE.
UM, CAN WE OPEN UP THAT, UH...
SO, UH, THIS IS IN YOUR, UH, THIS IS IN YOUR PACKET, AND WE'VE GOT THE, UM, UH, WE HAVE BOTH REGULAR MEETINGS AND WORKS, UH, WORK, WORK SESSIONS, REGULAR WORK SESSIONS, UH, IF NEEDED TO, UH, YOU KNOW, FOR, FOR, FOR YOUR REVIEW AND APPROVAL.
UH, AND THEN WE ALSO HAVE THE DEADLINES.
NOW, I WILL MENTION THAT, UH...
I WANNA MAKE SURE THAT IF WE CAN SCROLL DOWN TO, UH, NOVEMBER, THAT, UH, UH, AGAIN FOR NOVEMBER, WE DEFINITELY WANT TO AVOID...
IT'S NOVEMBER THE 10TH, SO IT'S NOT THE 11TH.
WHAT I WILL MENTION IS NOVEMBER 10TH IS THE MARINE CORPS BIRTHDAY.
VERY SPECIAL TO ME, BUT WE CAN MEET.
SO, UH, WEDNESDAY, DECEMBER 8TH IS GONNA BE AN EARLY, IT'S GONNA BE AN EARLY MEETING JUST BECAUSE WEDNESDAY HAPPENS TO FALL, OR DECEMBER 1ST JUST HAPPENS TO FALL ON THAT, UH, ON THAT FIRST WEDNESDAY.
SO, UM, DECEMBER WILL PROBABLY GO VERY QUICKLY.
IN ANY CASE, THIS IS FOR YOUR REVIEW AND APPROVAL.
I MAKE A MOTION WE APPROVE THE CALENDAR FOR NEXT YEAR'S PLANNING COMMISSION BOARD MEETINGS.
WE HAVE A MOTION TO APPROVE THE, UH, CALENDAR FOR 2027 BOARD MEETINGS.
DO I HAVE A SECOND? I THOUGH I HEARD ONE.
IT'S BEEN PROPERLY MOVED AND SECOND TO ACCEPT THE BOARD MEETING SCHEDULE AS PRESENTED.
SO THE NEXT COUPLE OF ITEMS ARE YOUR STANDARD STAFF REPORTS.
WE DON'T HAVE ANY SUBDIVISIONS ON FILE.
UH, AND THEN FOR THE ZONING ADMINISTRATOR, BZA HELD SIX PUBLIC HEARINGS EARLIER THIS MONTH AND, UH, YOU KNOW, THE, THE RESULTS ARE IN THE, IN THE PACKET FOR YOUR INFORMATION ONLY.
UH, FOR NEXT MONTH, IT APPEARS THAT THE BOARD OF ZONING APPEALS HAS SIX, UH, HAS SIX CASES.
THESE ALL, AGAIN, APPEAR TO BE, UM, UH, QUOTE UNQUOTE, ROUTINE IN NATURE, IF YOU WILL.
ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES, RVS, UH, AND, UH, AND, UM, UM, BULK REGULATION SETBACKS FOR THE ORDER OF THE DAY FOR THE NEXT BZA MEETING ON DECEMBER 2ND.
FOR THE COUNTY ADMINISTRATOR REPORT, WE PROVIDED YOU A, UH, A, UH, UM, A JOINT WORK SESSION NUMBER TWO
[03:20:01]
SUMMARY ON THE, UH, ON THE JOINT WORK SESSION FROM OCTOBER 27TH WITH THE BOARD OF SUPERVISORS.THE NEXT COMP PLAN JOINT WORK SESSION IS GONNA BE ON JANUARY 26TH, UH, SAME TIME, SAME PLACE, TO DISCUSS ENVIRONMENT, HOUSING, AND ECONOMIC DEVELOPMENT.
WE GIVE YOU JUST THIS LITTLE, UM, ADVANCED PEAK A, A COUPLE OF MONTHS IN ADVANCE FOR YOU ALL TO BE THINKING ABOUT, UH, UH, ABOUT THAT.
AND OF COURSE, UH, A WEEK OR TWO IN ADVANCE, WE'LL GIVE YOU THE, UH, THE, THE CONSULTANT'S WORK, WHICH WE WILL HAVE VETTED BY THEN.
UM, UH, SO FOR JANUARY, ENVIRONMENT, HOUSING AND ECONOMIC DEVELOPMENT.
THE, UH, FUTURE DISCUSSION TOPICS FOR, UH, FOR MARCH, UH, WE'LL BE TALKING ABOUT FUTURE LAND USE, WHICH IS GOING TO BE A, UM, WHICH I IMAGINE WOULD GENERATE A LOT OF INTEREST FROM THE PUBLIC GIVEN EVERYTHING THAT WE'VE TALKED ABOUT TONIGHT.
UH, THOSE ARE GOING TO BE ONGOING, UH, ONGOING CONVERSATIONS ABOUT THE, UM, ABOUT THE APPROPRIATE LOCATIONS FOR DEVELOPMENT.
UM, AS WE MENTIONED AT THE LAST JOINT WORK SESSION, ONE OF THE THINGS THAT WE'RE WORKING ON RIGHT NOW WITH KIMLEY-HORN IS A NORTHERN ACCOMACK WATER AND SEWER STUDY.
UH, SO THAT IS, UH, YOU KNOW, YOU'VE HEARD SOME COMMENTS TONIGHT, UH, YOU KNOW, PARTICULARLY WITH THE, UH, WITH THE TOWN OF SHANKIT WELLFIELD.
UH, I CAN, I CAN SEE SOME, UM, YOU KNOW, SOME, UH, SOME CONNECTIONS BEING MADE BY THE PUBLIC, PARTICULARLY AS IT, UH, AS IT TALKS ABOUT, UM, UH, UH, GROUNDWATER WITHDRAWALS AND, AND JUST HOW MUCH MORE DEVELOPMENT, UH, CAN BE SUSTAINED.
AS WE ALL KNOW, THAT COMES WITH COMPETING INTERESTS THAT WE HAVE TO WEIGH.
SO IT'S, IT'S, UH, IT, IT CAN'T BE AN ALL OR NOTHING WHERE WE ONLY CONSIDER GROUNDWATER WITHDRAWAL WITHOUT THE, WITHOUT THE CONSIDERATIONS FOR HOUSING OR INFRASTRUCTURE OR SOME OF THESE OTHER THINGS THAT WE'VE BEEN TALKING ABOUT.
IN ANY CASE, THOSE ARE JUST, UH, THOSE ARE JUST A FEW COMMENTS, AND THAT IS ALL I HAVE FOR, UH, STAFF REPORT.
UH, NEXT MEETING DATE? DECEMBER.
WEDNESDAY, DECEMBER 9TH AT 7:00 HERE.
THAT MUST BE A RECORD, ISN'T IT?