* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] I HAD LIKE TO BRING THE [1. CALL TO ORDER] JUNE MEETING OF THE EE COUNTY PLANNING COMMISSION TO ORDER. UH, MR. GER, CAN WE HAVE THE ROLL CALL PLEASE, MR. CUNNINGHAM? OH, I'M SORRY. WE NEED TO HAVE PLEDGE OF ALLEGIANCE FOR I BAD. ALRIGHT. MR. PLEASE STAND FOR A MOMENT OF SILENCE AND PLEDGE OF PLEAD ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH THE LIBERTY OF JUSTICE FOR ALL. THANK YOU. ALRIGHT, NOW, MR. GIRL, WE'LL HAVE THE ROLL CALL. MR. CUNNINGHAM. HERE. MR. TUCKER? HERE. MR. HAYES. MR. TUS. MR. HARVILLE? HERE. MR. SIMMONS AND MR. PROSY HERE. FOUR MEMBERS OF PRESENT. UH, WE'LL NOW HAVE THE APPROVAL OF [4. APPROVAL OF AGENDA] THE AGENDA. IS THERE ANY CORRECTIONS OR ADDITION TO THE AGENDA? NO. MR. CHAIR, I MOVE THE APPROVAL OF THE AGENDA. I SECOND. OKAY. UH, VOTE ON THAT. MR. GURLEY. MS. CUNNINGHAM? AYE. MR. HORRIBLE. AYE. MR. TUCKER? YES. AND DR. PROSITE? YES. FOUR MEMBERS PRESENT. VOTING AYE. NEXT, WE'LL HAVE THE APPROVAL OF THE MINUTES FROM THE MAY 10TH, UH, WORKSHOP, UH, WORKSHOP MEETING. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THOSE MINUTES? I DON'T HAVE ANY. I MOVE THAT WE, UH, APPROVE THOSE SECOND MOTION MADE. AND SECOND, MR. GURLEY. MR. TUCKER? YES. MR. CUNNINGHAM? AYE. MR. HARVILLE AYE. AND DR. PROSITE? YES. FOUR MEMBERS PRESENT. VOTING AYE. NEXT, WE'LL HAVE APPROVAL OF THE MINUTES FOR THE MAY, [5. APPROVAL OF MINUTES] UH, 10TH REGULAR MEETING. ANY CORRECTIONS OR AUDITIONS? I MOVE THEIR APPROVAL. I SECOND. MOTIONS MADE. AND SECOND, MR. GERLER, PLEASE. MR. CUNNINGHAM? AYE. MR. TUCKER? YES. MR. HARVILLE AYE. AND DR. PRO? YES. BOARD MEMBERS PRESENT VOTING. AYE. IT IS NOW [6. CITIZEN COMMENTS] TIME FOR THE, UH, CITIZENS' COMMENT PERIOD IN TIME. UH, MR. GAR HAVE, I KNOW WE HAVE ONE PERSON. ANYBODY ELSE? MR. CHAIR? WE JUST HAVE THE ONE PERSON. OKAY. I NEED TO READ THIS STATEMENT. IT'S CUSTOMARY AND WITH, WITH ALL PUBLIC HEARING AND CITIZEN COMMENT PERIODS, THE PLANNING COMMISSION DESIRES TO PROVIDE AN OPPORTUNITY FOR CITIZENS TO EXPRESS THEIR VIEWS IN MATTERS PERTAINING TO ZONING ISSUES THAT ARE NOT LISTED UNDER THE PUBLIC HEARING PORTION OF THIS MEETING. IT IS FOR THAT PERSON. THE CITIZENS' COMMENT PERIOD IS PROVIDED. THE TIME IS NOT INTENDED TO BE A QUESTION AND ANSWER PERIOD. NOR IS THE TIME FOR DIALOGUE WITH COMMISSION MEMBERS OR STAFF. CITIZENS WHO DO TAKE PART IN THIS COMMENT PERIOD MUST ADHERE TO THE FOLLOWING ADDRESS, THE COMMISSION WITH DECORUM LIE, DISRUPTIVE OR AGGRESSIVE BEHAVIOR TO INCLUDE OFFENSIVE LANGUAGE SHALL BE AVOIDED. AVOID WORDS OR ACTS THAT ARE AIMED AT EVOKING VIOLENCE OR CAN BE DEEMED TO BE A BREACH OF THE PEACE. AND LASTLY, DIRECT ALL COMMENTS TO THE COMMISSIONER'S CHAIRMAN. UH, WE'LL NOW OPEN THE, UH, 4 0 4 CITIZEN COMMENTS. MR. GRANDVILLE MAMAN. WELCOME. AND IF IS YOUR WILL. STATE YOUR NAME AND ADDRESS FOR THE RECORD. OKAY. I'M GRANDVILLE MAITLAND. UM, 1314 BUTTER WOOD LANE WILSONS, VIRGINIA. I LIVE ON THE WESTERN END OF THE COUNTY. UM, THE REASON I CAME TO SPEAK TO MARK THE OTHER DAY, UH, IT WAS BROUGHT TO OUR ATTENTION A TRACK OF LAND. DID YOU HAVE IT UP THERE A MINUTE AGO? OR WAS THAT THE TRACK? WHICH TRACK OF LAND ON THE THING I LEFT MY INFORMATION WITH MARK AND THEM THE OTHER DAY. UM, WHAT IT IS, IS TRACK OF LAND, ALMOST 800 ACRES OF LAND JUST BELOW, UM, THE HIGH SCHOOL BETWEEN NUMBER ONE HIGHWAY AND BOY SAW ROAD. OH NO, THAT'S NOT OKAY. AND THEY'RE LOOKING TO PUT IN A CONSERVATION EASEMENT ON THAT TRACK OF LAND. ALRIGHT. THE APPOMATTOX RIVER SOIL AND WATER CONSERVATION DISTRICT, WHICH I'M ON THE BOARD. WE HAD QUESTIONS WE FELT WE OUGHT TO BRING TO THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS, MAKING SURE THAT IF THAT EASEMENT GOES THROUGH, WHICH WE HAVE TO BE A STAKEHOLDER, UM, FOR THEM. IF, IF IT'S APPROVED, UM, THAT WHAT, HOW, UH, HOW WOULD IT AFFECT THE COMPREHENSIVE LAND USE PLAN ON THE GROVE CORRIDOR OF DENWOODY COUNTY? NOW THERE ARE TWO, UM, CIVIL WALL BATTLEFIELDS ON EITHER SIDE, BUT NOT ON THIS TRACK OF LAND HERE. THE PEOPLE THAT, UM, PURCHASED THIS LAND WAS IN 2004. THE TE IT IS ALL IN TIMBERLAND. IT WAS, UM, PURCHASED. THEY'VE, THEY'VE [00:05:01] KEPT IT, UM, IN TIMBER AND THEY WOULD, THEY WANTED TO PUT A PERPETUAL EASEMENT ON THIS TRACK OF LAND, WHICH IS WHAT WAS THE MARK I LEFT THE MATERIAL THERE. 700 AND SO ALMOST 800 ACRES OF LAND. THOU A LARGE TRACK OF LAND RIGHT THROUGH THOU. AND THEY WANTED TO PUT A CONSERVATION EASEMENT IN HIS EVERGREEN. UM, TRYING TO THINK OF THE PROPER NAME AS EVERGREEN FOUNDATION. IT'S NOT LIKE THE WARD BIRD BURTON FOUNDATION, BUT THEY ARE TIED TOGETHER IN SOME ASPECTS. AND WE PUT IT ON HOLD TILL WE COULD COME TO THE PLANNING COMMISSION AND BRING IT BEFORE Y'ALL. 'CAUSE I, WE WERE, I FELT WE WERE HIT COAL AT OUR LAST MEETING WITH ALL THE INFORMATION THEY, AND THEY WERE READY FOR, WANTED US TO SIGN. AND WE WOULD NOT, WE SAID FIRST WE NEED TO COME TO THE COUNTY AND MAKE SURE, UM, BECAUSE AT ONE TIME THAT THAT LAND WAS IN THE GROWTH CORRIDOR OF DENWITTY COUNTY. I DON'T THINK IT IS NOW. IS THAT CORRECT, MARK? NOT IN THE DRAFT. NOT IN THE DRAFT. BUT IT REALLY SHOULD BE STILL IN THE COMPREHENSIVE LAND USE PLAN. BECAUSE WHEN YOU HAVE A TRACK OF LAND THAT SIZE, NOW, IF YOU ARE BEING EATEN UP OF HOUSES OR SOMETHING, UM, LIKE SOME OF THE ONES DOWN NEAR RICHARD BLAND COLLEGE, I COULD UNDERSTAND IN A HISTORICAL FARM PUTTING IN A CONSERVATION EASEMENT OR LIKE DR. PRO SIZE. AND IT'S UP BY NEARLY, UH, MILITARY BASE, UM, CONSERVATION EASEMENTS THAT I CAN UNDERSTAND WHAT THE REASON BEHIND THAT. BUT TAKE A TRACK OF LAND THAT'S IN DOWN THE ROAD. IT IS GONNA BE PART OF A GROWTH CORRIDOR. AND IF IT'S LIKE, UM, ALDIS, THEY HAVE A LITTLE HISTORICAL LAND ON THEIR PROPERTY THAT THEY PURCHASE NOW, THEY CAN AFFORD TO SPEND A COUPLE HUNDRED THOUSAND DOLLARS AND PRESERVE IT. THE AVERAGE PERSON IS NOT GONNA BE ABLE TO DO THAT NOW A CORPORATION COULD. AND WE DIDN'T KNOW WHAT THE PLAN COMMISSION KNEW OF WHAT, WHEN I CAME TO MARK, IF THEY WERE AWARE OF THIS TRACK OF LAND THIS FAR OUT. AND BUT IS THE ACCESS ROAD TO THE NUMBER ONE HIGHWAY, IS IT CORRECT, YEAH. THEY HAVE AND THEN GOES ALL THE WAY THROUGH THE BOAL ROAD, THAT TRACK OF LAND IN THERE BEHIND THE HIGH SCHOOL BACK UP IN TH BELOW, UM, THE TURNERS IN, IN FACT, IT'S BASICALLY IF YOU GO ACROSS FROM THE, UH, ELEMENTARY SCHOOL, UM, ON NUMBER ONE HIGHWAY, IT'S BACK UP IN THERE BETWEEN THERE AND BOY ALL ROAD. AND THAT'S THE TRACK OF LAND, UM, RIGHT NOW. AND IF YOU HAVE ANY QUESTIONS OF TH BUT BASICALLY THIS IS JUST INFORMATION FOR, UM, THE PLANNING COMMISSION. WE WANNA LET 'EM KNOW BEFORE, BEFORE WE MOVE ON THIS OR ANYTHING. UM, I AM NOT AGAINST EASEMENTS. I DO NOT LIKE PERPETUAL EASEMENTS. UM, IT WAS 50 YEAR, A HUNDRED YEAR, SOMETHING LIKE THAT I COULD SEE. BUT WHAT IS THIS GOING TO AFFECT DENWOOD COUNTY DOWN THE ROAD? WE HAVE A MAJOR ROAD SYSTEMS OF 85 NUMBER 1 4 60 AIRPORT, UM, RAIL ACCESS INDUSTRY DOWN THE ROAD. IT IS GOING TO BE LOOKING AT DENWOOD COUNTY FOR SOME OF THESE THINGS RIGHT THERE. AND WE JUST FELT IT WAS PREMATURE AND WE SHOULD NOT SIGN ANYTHING FOR AN EASEMENT. THE EASEMENT'S GONNA BE WORTH, UH, 1.3 MILLION. DID I LEAVE THE PAPER WITH YOU? YEAH, I, I DON'T HAVE IT. THAT'S THE REASON I DON'T HAVE THE PAPERWORK HERE BECAUSE I LEFT THAT. 'CAUSE I WANT HIM TO HAVE THE TRACK NUMBER AND EVERYTHING ACCORDING TO IF HE COULD HAVE IT HERE FOR THE PLANNING COMMISSION TO HAVE, UM, TO BRING Y'ALL UP TO SPEED ON WHAT'S BEING ASKED. AND I'VE HAD TO SIGN ONE EASEMENT BEFORE. IT WAS A SMALL EASEMENT, UH, FOR THE VIRGINIA OUTDOORS FOUNDATION. THEY MET ALL THE CRITERIA, EVEN THOUGH I DISAGREE WITH IT. MOST OF IT WAS A SWAMP. THEY KEPT OUT THE, UH, 10 ACRES OF GOOD LAND. DIDN'T PUT IT IN THE EASEMENT. ALL THE REST OF IT HAD PUT IN THE EASEMENT. BASICALLY BOUGHT OUT AND BOUGHT A FARM AND HAD VIRGINIA OUTDOORS FOUNDATION, ALL THE, BASICALLY THE TAXPAYERS, UM, PAY FOR THAT. SO HE'D HAVE A PLACE TO HUNT. BUT IT MET ALL THE CRITERIA. AND SO WE COULD NOT DENY HAVING TO SIGN IT. BUT THIS IS A LITTLE DIFFERENT STORY AND WE'VE EVEN HIT COAL WITH THIS RIGHT HERE. AND I DON'T KNOW WHETHER ANY OF Y'ALL KNEW ABOUT THIS OR NOT. IT'S BEEN IN PLANNING FOR ABOUT TWO YEARS, BUT IT'S BEEN REALLY KEPT UNDER WRAPS. BUT WHEN THEY CAME TO THE MEETING THE OTHER NIGHT, THEY WERE PRETTY PUSHY. WANTED TO KNOW, WERE READY FOR US TO SIGN AND COULDN'T UNDERSTAND WHY WE WOULD NOT SIGN. BUT I GUESS I WAS THE VOCAL, UM, PERSON [00:10:01] OR THE BAD COP BECAUSE I SAID NO UNTIL WE CAME TO THE COUNTY TO SEE HOW THIS IS GONNA AFFECT THE PEOPLE AND THE, UM, AND GROWTH OF DENWOODY COUNTY. I DIDN'T FEEL IT WAS THE RIGHT TIME FOR US TO SIGN ANYTHING. AND THAT'S ABOUT IT. ANY QUESTIONS FOR ME ON THIS? I KNOW THAT'S BRIEF AND ALL AND I WAS HOPING MARK WOULD HAVE Y'ALL'S COPIES OF THAT. AND I THINK IT'S OKAY TO MAKE COPIES OF THAT FOR THE PLANNING COMMISSION FOR THEM TO SEE OF THE WHOLE, ALL THE DETAILS RIGHT THERE ON THAT. AND THEY'LL, THEY'RE PLANNING TO KEEP IT IN TIMBER AND KEEP GROWING TIMBER ON IT. BUT THAT'S ALL. AND I KNOW, UM, DR. PROSCI KNOWS ABOUT EASEMENTS BECAUSE THERE ARE PLENTY OF, OF OUR WAY AND IT DEPENDS ON WHAT'S IN THE EASEMENT. IT CAN BE DETRIMENTAL OR IT CAN BE A GOOD THING. OKAY. THANK YOU VERY MUCH. THANK YOU MR. CHAIR. COULD I, YEAH, I WAS GONNA SAY, I, I, I NEED TO HAVE A CONVERSATION WITH YOU AND MARK. UM, SO THANK YOU. MAY I ASK MR. MAITLAND JUST A, A QUESTION? I'M, I'M MIKE DRE. I YES SIR. WITH THE COUNTY ATTORNEY'S OFFICE. MM-HMM . AND WHEN I'M NOT UP HERE AT D WITTY, IRONICALLY I DO CONSERVATION EASEMENTS AS OKAY. FROM A LANDOWNER STANDPOINT. WE, WE ARE LOOKING FORWARD TO MEETING SOMEONE THAT COULD HIT UNDERSTAND, GO THROUGH THIS WITH US. WHAT, WHAT ORGANIZATION ARE YOU SAYING ARE HAVING TO SIGN OFF THE EVERGREEN FOUNDATION. YEAH, BUT WHY ARE YOU SIGNING OFF? I'M NOT QUITE UNDERSTANDING. THEY HAVE TO HAVE A CO HOLDER. GOTCHA. THAT AND THAT'S WHY THEY APPROACH THE EPI MEDICS RIVER SOIL AND WATER CONSERVATION DISTRICT. I GOTCHA. BECAUSE WE ACTUALLY OWN LAND IN THE CITY OF PETERSBURG. AND THEN WE CO-HO ANOTHER ONE DOWN HERE, UM, ON BEFORE YOU GET TO, UH, CARSON. I, I UNDERSTAND. AND, AND I'M GLAD TO KNOW THAT YOU ARE BECAUSE WE WILL WOULD LIKE FOR YOU TO SPEAK TO AND GUIDE US ON THAT. UM, RIGHT THERE. 'CAUSE WE WERE GONNA CHECK WITH THE STATE ATTORNEY GENERAL'S OFFICE. 'CAUSE THAT'S WHO OUR ATTORNEYS ARE FOR THE SOIL AND WATER DISTRICTS OR THE STATE. BUT IF WE CAN GO TO SOMEONE LOCAL AND WELL BRING, BRING THE BOARD UP TO SPEED. I HAVE, I HAVE READ THE WARD BURDEN, UM, EASEMENTS. AND WHEN WE, WHEN I ASKED THE QUESTION, CAN YOU SHOW US WHAT WOULD BE IN THIS EASEMENT TO KNOW HOW IT'S GONNA AFFECT DENWITTY COUNTY, THEY SAID NOT UNTIL AFTER WE ASSIGNED IT. AND I JUST SAID, NO, . I UNDERSTAND. I COULD NOT AGREE WITH THAT. RIGHT. SO I GUESS I WAS A BAD COP AT THE MEETING, BUT I DID KNOW ENOUGH TO GET ME IN TROUBLE. BUT I, I DIDN'T WANT TO GO ANY FURTHER THAN THAT. AND I WAS JUST GOING, MR. PROSITES, I WILL, I'LL TALK TO MARK ON THIS AND EVERYTHING. OF COURSE I REPRESENT THE COUNTY HERE AND I'M NOT SOLICITING A PRIVATE WORK HERE THIS EVENING, BUT, UM, JUST A LITTLE EXPLANATION NOTE. UM, I'M FAMILIAR WITH EVERGREEN TRUST AND CONSERVATION EASEMENTS CAN BE HELD BY, UH, QUALIFIED NON-PROFIT, WHICH THEY ARE, UH, STATE OR A STATE AGENCY. UM, THE VIRGINIA DESIGNATION IS A STATE AGENCY, BUT JUST GONNA SAY IS THAT THEY, IN THE VIRGINIA CODE, IT STATES THAT, UM, A CONSERVATION EASEMENT, UH, IS VOID, UH, IF IT'S PLACED ON PROPERTY AND NON-COMPLIANCE WITH THE COMP PLAN. UM, SO THE COMP PLAN, JUST LET Y'ALL KNOW TOO, IT'S NOT VERY MANY AREAS THAT THE COMP PLAN CONTROLS AT ALL. IT'S USUALLY JUST A GUIDE. BUT WHEN IT COMES TO CONSERVATION EASEMENT, IT DOES GUIDE. UM, I THINK MARK TOLD ME THAT THE OLD PLAN HAD A PORTION OF HIS PROPERTY IN THE GROWTH AREA. YES. ALL OF IT'S IN THE, ALL OF IT UNDER OUR CURRENT PLAN. YEAH. AND THE PROPOSED PLAN DOES NOT. SO ANYWAY, SO JUST LETS Y'ALL KNOW THAT. OKAY. BUT, UM, BUT HEY, THE LANDOWNER CAN GO TO ANY TRUST THAT WANTS TO, OR ANY GOVERNMENT AGENCY THAT WANTS TO MM-HMM . AND AS LONG AS IT'S IN COMPLIANCE, YOU UNDERSTAND ME WITH THE COMP PLAN, THEY CAN, THEY CAN PUT IT ON IT. SO, UM, AND WHAT'S HAPPENING, AND Y'ALL MAY COME UPON THIS A LITTLE BIT MORE NOW, IS THE EVERGREEN TRUST. UH, IT'S MY UNDERSTANDING THAT THEY'VE, UH, KIND OF A ONE SHOP DEAL. IN OTHER WORDS, LANDOWNERS GO THERE AND THEN THEY, THESE CREDITS ARE STARTING TO BECOME MORE AND MORE NUMEROUS AND 'CAUSE THAT'S A CONSERVATION EASEMENT STATE TAX CREDIT. BUT YOU'RE ALSO GETTING, YOU KNOW, CARBON CREDITS, WETLAND CREDITS. AND SO THAT'S WHAT THE EVERGREEN IS MY UNDERSTANDING IS WHAT THEY DO. YES. THEY DEAL IN ALL THESE YES. TAX CREDITS. SO JUST, YOU, YOU PROBABLY WILL BE STARTING TO HEAR A LITTLE BIT MORE ABOUT TAX CREDITS. I APPRECIATE THAT. I ALRIGHT, THANK YOU. THANK [00:15:01] YOU. GROUND THE, UH, LIKE MR. MAITLAND SAID, I, UH, MY FAMILY OWNS SOME CONS CONSERVATION EITHER, BUT THEN, UH, THAT'S BEEN, I DON'T KNOW HOW LONG AGO NOW, 15, 20 YEARS. BUT ONE OF THE FIRST THINGS THAT HAPPENED WHEN THE COUNTY WAS MADE AWARE THAT THIS EASEMENT WAS BEING REQUESTED WAS THAT THEY WENT AND LOOKED AT THE COMPREHENSIVE PLAN AND MADE A DECISION. YES. A A NO THAT IT WAS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. UH, I LIVE SO FAR IN THE BOONIES IN, IN WESTERN PART OF STATE THAT THERE WAS NOTHING, UH, IN THE COMP PLAN THAT WOULD RESTRICT THAT CONSERVATION EASEMENT. NOW, IN A CASE WHERE THE LAND IS, UH, A PART OF THE FUTURE PLANS OF THE COUNTY, THEN I THINK THAT DOES BRING UP ISSUES FOR THE COUNTY TO ADDRESS. FOR MY OWN PERSONAL, I'M NOT SURE WHAT THE ROLE OF THE PLANNING COMMITTEE IS, UH, ON SAYING IT'S A GOOD IDEA OR A BAD IDEA. UH, MAYBE YOU CAN GUIDE ME ON THAT, EXCEPT THAT IT, IT DOES NEED TO BE REVIEWED BY THE PLANNING DEPARTMENT AND I WOULD THINK AT SOME POINT IN TIME BY THE LEADERSHIP IN THE COUNTY, UH, TO MAKE SURE THAT'S THE DIRECTION WE WANT TO GO. YEAH. MOST ATTORNEYS WILL WANT A LETTER OF APPROVAL FROM THE COUNTY. AND I'M ASSUMING, MARK, DO YOU DO THAT? I DO THOSE, YES. SO THE PLANNING COMMISSION, OTHER THAN JUST BEING AWARE THAT THE COMP PLAN CONTROLS THESE THINGS IS YOUR ONLY ROLE. SO NOT IN INDIVIDUAL PROPERTIES. IT'S UP TO THE, UH, PLANNING DEPARTMENT TO LOOK AT THE EXISTING COMP PLAN AND WRITE A LETTER TO THE, UH, TO THE ATTORNEY OF THE TRUST STATING WHETHER IT DOES OR DOES NOT COMPLY. JUST AS SIMPLE AS THAT. RIGHT. SO, AND I DON'T KNOW WHETHER Y'ALL WANNA BE, I WAS TELLING MARK, AND I DON'T MEAN TO SOUND LIKE AN EXPERT ON THIS, I DON'T MEAN THAT. 'CAUSE I'M, I'M NOT, THIS STUFF IS PRETTY COMPLICATED. BUT, UM, I DON'T MIND SOMETIME MAYBE EVEN USING THAT PROPERTY AS AN EXAMPLE OF SOMETHING OF COME INTO THE WORKSHOP AND LET Y'ALL ASK QUESTIONS. OKAY. I, I, I GUESS MR. BASSETT, WILL THE, UH, ONCE YOU HAVE REVIEWED THE INFORMATION WITH THE MR. DREW AND OTHERS, UH, ARE YOU THEN IN A POSITION TO WRITE THAT LETTER? OR WILL IT GO BEFORE, UH, THE BOARD OF SUPERVISORS? HOW DOES THAT WORK? UM, NO. AS, AS MR. DREWRY INDICATED, I WOULD JUST SIMPLY WRITE THE LETTER MM-HMM . UM, AND JUST INDICATE WHETHER IT'S IN COMPLIANCE WITH THE COMPREHENSIVE PLAN OR NOT. MM-HMM . AND, UM, I WASN'T AWARE THAT THIS WAS STILL GOING ON, BUT I THINK IT WAS PROBABLY APPROXIMATELY TWO YEARS AGO, I HAD AN ATTORNEY CALL ME ABOUT THIS PROPERTY AND I TOLD HIM THAT IT WAS WITHIN THE PLANNED GROWTH AREA AND I WOULDN'T BE ABLE TO, UM, YOU KNOW, WRITE A LETTER STATING IT WAS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN SINCE IT WAS SUCH A LARGE TRACK AND IT WAS, YOU KNOW, WITHIN THE PLANNED GROWTH AREA. UM, AND THEN I NEVER HEARD, YOU KNOW, ANY MORE ABOUT IT UNTIL, UM, I GUESS IT WAS THIS, THIS WEEK. YEAH. TWO WEEKS AGO. TWO WEEKS AGO. AND WHAT MR. MAITLAND CAME IN MET WITH ME AND MR. LEE, DAN LEE WITH, FROM THE BOARD AND, UH, BOARD MEMBER LEE, AND TALKED TO US ABOUT, YOU KNOW, JUST WHAT HE STATED THIS EVENING THAT THEY HAD COME TO HIS ORGANIZATION AND ASKED TO CO-SIGN ONTO THE, THE EASEMENT. I, I WASN'T, I'M NOT FAMILIAR WITH THE NEED FOR SIGNATURE. UH, I DIDN'T HAVE TO HAVE ONE. NO, NOT UNDER THE WATER BURDEN. TITAN, WELL, I GOT MINE, DEPARTMENT OF FORESTRY, DEPARTMENT OF FORESTRY. UM, BUT A LOT OF THE EASEMENTS, CONSERVATION EASEMENTS, THEY HAVE TO HAVE A COAL HOLDER. AND SINCE WE ARE THE, UM, THE CONSERVATION DISTRICT IN THIS COUNTY HERE, THAT'S WHY THEY CAME TO US TO BE A CO HOLDER. 'CAUSE UH, WE, LIKE I SAY, WE'VE HAD TO SIGN OFF ON OTHERS. TH ARE THERE OTHER PEOPLE THAT CAN SIGN OFF? UM, OTHER THAN YOUR MORGAN? THAT'S SOMETHING I DON'T REALLY KNOW, BUT I KNOW WE HAVE HAD TO DO IT. AND THAT'S ONE OF THE PRINCIPLE THINGS THROUGH DCR OF, SINCE WE ARE THE SECOND AND LARGEST ELECTED BODY IN THE STATE, THEY DO COME TO US, UM, OR DIFFERENT DISTRICTS FOR CO HOLDING THESE EASEMENTS. UM, YOU CAN PROBABLY SPEAK TO THAT BETTER, BUT I, WHAT BOTHERED US WAS, WAS THIS IN A GROWTH CORRIDOR OR WHY WAS THIS TAKEN OUT OF A GROVE CORRIDOR WHEN WE KNOW DEADWOOD COUNTY IS DEVELOPING. AND SO, WELL THAT'S A GOOD QUESTION. WHAT, WHY WAS IT TAKEN OUT OF THE GROWTH AREA? IS THAT OVERSIGHT OR WAS THAT IT'S NOT YET, HUH? YEAH, IT'S, IT IS NOT YET IN THE DRAFT PLAN. WE DID NOT INCLUDE IT IN THE [00:20:01] PLANNED GROWTH AREA. UM, IS THAT, AND THAT REASONING WAS BECAUSE WE AS PLANNING COMMISSIONERS AND OTHERS RIGHT. OVERLOOKED IT. UM, MAY NOT HAVE OVERLOOKED IT, JUST THAT ENTIRE AREA IN THERE. WE JUST DID NOT OKAY. MAINTAIN, YOU KNOW, KEEP IT IN THE PLANNED GROWTH AREA. OKAY. AND IS THAT, SINCE IT'S STILL A DRAFT AND THAT'S A WORK IN PROGRESS, UM, DID MR. LEE, WAS HE SPEAKING IN TERMS OF BEING DIRECTOR OF THE APPT? HE, HE IS A, HE IS A PAID EMPLOYEE OF THE DISTRICT. YEAH. AND I ASKED HIM TO COME BECAUSE HE BEING ON BOARD OF SUPERVISORS, HE NEED TO BE MADE AWARE OF THAT. WAS HE, WAS HE THERE AS A BOARD SUPERVISOR MEMBER OR AS A NO, AS A PLANNING, UM, APPOMATTOX RIVER, SOLAR AND WATER. OKAY. DISTRICT MR. CHAP, I MAY JUMP IN FOR A MINUTE. DID WE, WE DON'T KNOW ALL THE FACTS AND I'M NOT DOWNING YOU. IT'S VERY TRUE BECAUSE 'CAUSE YOU ARE RIGHT. YOU DO NOT HAVE TO NORMAL CONSERVATION EASEMENTS. YOU DO NOT HAVE TO HAVE A CO HOLDER AS LONG AS YOU GOT ONE QUALIFIED. UM, EASEMENT HOLDER. I'VE NEVER BEEN INVOLVED WITH ONE WITH, WELL, LEMME BACK UP. THE ONLY TIME I'VE BEEN INVOLVED WITH ONE THAT HAD CO HOLDERS WAS WHEN THERE WAS STATE OF FEDERAL MONEY COMING INTO IT. SO THAT'S, THAT'S SOMETHING THAT'S INFORMATION WE DON'T KNOW. YEAH, IT IS. STATE MONEY COMING INTO THAT. OKAY. UH, PLANNING COMMISSION. ANY COMMENTS? ANY QUESTION? I DON'T HAVE ANY. I WOULD ASSUME AT THIS POINT THEN WE'VE HEARD THE PRESENTATION. THANK YOU VERY MUCH. THANK YOU. I JUST WANNA INFORMED AND HOPEFULLY THE PLANNING STAFF WILL THANK YOU. TAKE ALL OF THIS UNDER ADVISEMENT AND, UM, PROCEED FROM THERE. SO I FEEL LIKE WE'RE UP TO DATE, BUT I'M, I'M LIKE MR. DREW, I DON'T THINK THAT WE KNOW EXACTLY WHAT'S GOING ON, BUT THERE ARE ENOUGH QUESTIONS THAT WE NEED TO FIND OUT MORE. RIGHT. I AGREE. I DON'T THAT'S FAIR. I DON'T KNOW THE SPECIFIC DETAILS MYSELF. OKAY. ALRIGHT. THANK YOU VERY MUCH. THANK YOU VERY MUCH TOO. OKAY. UH, THAT IN THE CITIZEN'S COMMENTS PERIOD OF TIME, UH, WE ARE NOW READY TO [7. PUBLIC HEARING CASE P-23-4.] HEAR CASE NUMBER, UH, P DASH 23 DASH FOUR, UH, MR. ROBINSON OR BASSETT. OKAY. THANK YOU. ALL RIGHT. GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE COMMISSION. UH, MY NAME IS BRAD ROBINSON WITH THE COUNTY PLANNING DEPARTMENT. FOR THE RECORD, I'M GONNA GIVE A STAFF PRESENTATION FOR REZONING APPLICATION P DASH 23 DASH FOUR FOR WHICH THE APPLICANT IS ROCK RIVER INCORPORATED. THE APPLICANT IS REQUESTING TO REZONE PROPERTY, UH, CON THAT CONTAINS APPROXIMATELY 184 ACRES FROM AGRICULTURAL GENERAL, A TWO TO RESIDENTIAL LIMITED R ONE WITH PROFFERS. THE R ONE ZONING DISTRICT ALLOWS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF NASH ROAD, APPROXIMATELY 0.43 MILES WEST OF THE INTERSECTION WITH ROUTE ONE. AND YOU CAN SEE THE MAP ON THE SCREEN SHOWING THE LOCATION OF THE PARCEL. THE SUBJECT PROPERTY IS FURTHER IDENTIFIED IN THE COUNTY'S RECORDS AS TAX PARCEL 44 DASH 26 A. THE PROPERTY IS CURRENTLY AN UNDEVELOPED FORESTED PARCEL THAT'S SURROUNDED BY PARCELS OF VARIOUS SIZES. UH, SOME OF THE PARCELS ARE SIMILAR IN THAT THEY ARE UNDEVELOPED AND FORESTED. WHILE THERE ARE SOME OTHER SMALLER PARCELS IN THE AREA THAT HAVE RESIDENTIAL USES, UM, THEN THERE'S MUCH LARGER PARCELS, UM, THAT ARE GENERALLY LOCATED TO THE WEST. AS YOU TRAVEL DOWN NASH ROAD INTO THE, THE RURAL CONSERVATION AREA, UM, ALL OF THE ZONING PROPERTIES ARE ZONED A TWO. BUT, UH, AS YOU SHOULD SEE ON THE MAP, THE SUBJECT PROPERTY IS, UH, LOCATED WITHIN CLOSE PROXIMITY TO THE DENWOODY COURTHOUSE AREA, UH, WHICH CONTAINS A MIX OF COMMERCIAL AND RESIDENTIAL ZONING, UM, BASED ON THERE BEING BUSINESS AND GOVERNMENT USES IN THE COURTHOUSE AREA. SO, AS I MENTIONED, THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY FROM A TWO TO R ONE WITH PROFFERS. UH, THE PURPOSE FOR THE REZONING REQUEST WOULD BE TO DEVELOP APPROXIMATELY 77 SINGLE FAMILY HOMES ON LOTS THAT WOULD BE AT LEAST TWO ACRES OR GREATER IN SIZE. NOW THE R ONE ZONING DISTRICT ALLOWS [00:25:01] ONE DWELLING UNIT ON 1.5 ACRE LOTS, BUT THERE ARE OTHER SECTIONS OF THE COUNTY CODE AND THE UTILITIES AND SUBDIVISION CHAPTERS THAT ALSO REQUIRE THAT A DEVELOPMENT DESIGN FOR MORE THAN 15 INDIVIDUAL SINGLE FAMILY DWELLING UNITS OR A DEVELOPMENT WHOSE CONSUMPTION IS THE EQUIVALENT OF THAT, OR OF MORE THAN 25 INDIVIDUALS, SHALL DESIGN AND CONSTRUCT A SEWER SYSTEM. SUBDIVISIONS THAT CONTAIN TWO LOTS THAT ARE TWO ACRES OR GREATER IN SIZE AND ARE NOT LOCATED WITHIN THE URBAN PLANNING AREA OF THE COUNTY ARE EXEMPT FROM THAT REQUIREMENT FOR A, UH, SEWER SYSTEM. SO THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE URBAN AREA AS YOU SEE ON THE SCREEN. AND PUBLIC WATER AND SEWER ARE NOT AVAILABLE TO THIS PROPERTY. AND BEFORE I GO FURTHER, YOU SHOULD RECALL THAT THIS PROPERTY WAS INVOLVED WITH A RECENT, UM, UH, ZONING CASE FOR REQUEST FOR CONDITION USE PERMIT THAT THE PLANNING COMMISSION HEARD EARLIER THIS YEAR. THERE WAS A REQUEST ON THIS PROPERTY FOR CONDITION USE PERMIT TO DEVELOP AN RV CAMPGROUND. SO THIS PROPERTY SHOULD LOOK FAMILIAR TO IT AS I'M, UH, GOING OVER THE PROPERTY WITH YOU BASED ON THE PROPERTIES, UM, SIZE OF 184 ACRES. IF YOU JUST DID THE, THE STRAIGHT MATH, THAT WOULD, UH, EQUATE TO 92 SINGLE FAMILY LOTS. BUT OBVIOUSLY WITH THAT NUMBER, YOU, YOU CAN'T GET THAT NUMBER OF LOTS BECAUSE OF THE ADDITIONAL ACREAGE THAT'S NEEDED FOR STREETS AND OTHER AREAS OF THE PROPERTY. SO THE APPLICANT, UM, IS AWARE OF THAT AND HAS PROPOSED, UH, 77 SINGLE FAMILY LOTS, UH, TAKING THAT INTO CONSIDERATION. AND, UH, AND ANTICIPATES THAT THE NUMBER 77 MAY EVEN BE LESS AFTER THEY HAVE DONE, UH, FORMAL ENGINEERING AND DESIGN FOR THE SITE. IN ACCORDANCE WITH THE APPLICANT'S CONCEPT PLAN, WHICH I HAVE ON THE SCREEN AS WELL AS THE PROFFER STATEMENT, IN NO CASE WOULD THERE BE MORE THAN 77 LOTS ON THE PROPERTY. UM, IF THE REZONING IS APPROVED, THE APPLICANT HAS PROFFERED A MAXIMUM OF 77 LOTS. THE PROPERTY IS, UH, LOCATED AND DESIGNATED BY THE COMPREHENSIVE PLAN AS BEING WITHIN A PLANNED GROWTH AREA, WHICH THE COMPREHENSIVE PLAN DESCRIBES AS BEING DESIGNED TO ACCOMMODATE MEDIUM TO HIGH DENSITY SINGLE FAMILY AND MULTIFAMILY SUBDIVISION DEVELOPMENT, AS WELL AS COMPLIMENTARY SERVICE AND CONVENIENCE COMMERCIAL ACTIVITIES AND REGIONAL COMMERCIAL CENTERS. AND AS YOU MAY RECALL FROM THE, UH, THE CAMPGROUND CASE, UH, THERE IS A VERY SMALL CORNER OF THE PROPERTY THAT'S ALSO LOCATED WITHIN THE ROUTE ONE WATER AND SEWER SEWER OVERLAY, WHICH, UM, RUNS ALONG ROUTE ONE. UM, ACCORDING TO THE COMPREHENSIVE PLAN WHEN UH, DEVELOPMENT OCCURS IN THE OVERLAY, UM, PUBLIC WATER AND SEWER INFRASTRUCTURE MUST BE EXTENDED BY THE DEVELOPMENT BY THE DEVELOPER TO THE PROPOSED DEVELOPMENT. BUT AS, UH, AS YOU SHOULD RECALL, PUBLIC WATER AND SEWER ARE NOT AVAILABLE TO THIS PROPERTY. THE PURPOSE STATEMENT OF THE R ONE ZONING DISTRICT, WHICH IS THE REQUESTED ZONING STATES THAT RESIDENTIAL LIMITED DISTRICT R ONE IS COMPOSED OF CERTAIN QUIET LOW DENSITY RESIDENTIAL AREAS PLUS CERTAIN OPEN AREAS WHERE SIMILAR RESIDENTIAL DEVELOPMENT APPEARS LIKELY TO OCCUR. THE REGULATIONS FOR THIS DISTRICT ARE DESIGNED TO STABILIZE AND PROTECT THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT TO PROMOTE AND ENCOURAGE A SUITABLE ENVIRONMENT FOR FAMILY LIFE WHERE THERE ARE CHILDREN AND TO PROHIBIT ALL ACTIVITIES OF A COMMERCIAL NATURE TO THESE ENDS. DEVELOPMENT IS LIMITED TO RELATIVELY LOW CONCENTRATION AND PERMITTED USES ARE LIMITED BASICALLY TO SINGLE FAM, SINGLE UNIT DWELLINGS, PROVIDING HOMES FOR THE RESIDENTS, PLUS CERTAIN ADDITIONAL USES SUCH AS SCHOOLS, PARKS, CHURCHES, AND CERTAIN PUBLIC FACILITIES THAT SERVE THE RESIDENTS OF THE DISTRICT. UM, THE PROPOSED DEVELOPMENT HAS BEEN FOUND TO BE IN ACCORD WITH THAT PURPOSE STATEMENT OF THE R ONE DISTRICT. SO TO SUMMARIZE THE IMPACTS OF THIS PROJECT ON THE COUNTY'S, UM, FACILITIES, UM, AS I JUST MENTIONED, PUBLIC WATER AND SEW ARE NOT AVAILABLE TO THE PROPERTY. SO THERE WOULD NOT BE AN IMPACT TO THE COUNTY'S PUBLIC UTILITIES. THE APPLICANT IS PROPOSING FOR EACH LOT IN THE SUBDIVISION TO UTILIZE AN ONSITE [00:30:01] WELL IN SEPTIC SYSTEM. THOSE SYSTEMS WOULD HAVE TO BE REVIEWED AND APPROVED IN ACCORDANCE WITH THE, UH, HEALTH DEPARTMENT'S REGULATIONS. UM, WITH REGARDS TO THE IMPACTS TO DEN WE D SCHOOL SYSTEM, UH, WE DID CONSULT PUBLIC SCHOOLS FOR COMMENTS. THEY INDICATED THAT THE PROPERTY WAS ZONED FOR DENWITTY ELEMENTARY SCHOOL, DENWITTY MIDDLE SCHOOL, AND DENWITTY HIGH SCHOOL STAFF HAS ESTIMATED THAT, UH, THE 77 SINGLE FAMILY LOTS WOULD GENERATE 36 STUDENTS. 16 OF THOSE STUDENTS WOULD ATTEND ELEMENTARY, DENWOODY ELEMENTARY, 8.47 WOULD ATTEND DENWOODY MIDDLE AND 11.55 WOULD ATTEND DENWOODY HIGH. ALSO, PUBLIC SCHOOLS INDICATED THAT THE MIDDLE SCHOOL AND THE HIGH SCHOOL CAN ABSORB THE ADDITIONAL STUDENTS, BUT THE BUT DENWOODY ELEMENTARY MAY REQUIRE ADDITIONAL PLANNING. AND REDISTRICTING CURRENTLY DEN WE, THE ELEMENTARY IS, UH, HAS A CAPACITY OF 400 STUDENTS AND THEIR ENROLLMENT IS CURRENTLY AT 353. STUDENTS. THAT ENROLLMENT DOES NOT INCLUDE STUDENTS WHO ARE ASSIGNED TO SPECIAL PROGRAMS AND AS ASKED FOR, UH, IMPACT TO PUBLIC SAFETY. UM, THEY DID NOT HAVE ANY COMMENTS OR CONCERNS AT THE LAND DEVELOPMENT COMMITTEE. AS FOR TRANSPORTATION IMPACTS, UH, VDOT HAS INDICATED THAT THIS REQUEST DOES NOT REQUIRE A CHAPTER 5 27 STUDY OR TRAFFIC IMPACT ANALYSIS, BUT THEY HAVE NOTED THAT IF THIS PROJECT WAS PROPOSING JUST ONE ADDITIONAL LOT, WHICH WOULD BE 78 LOTS, THEN ONE WOULD BE REQUIRED AT THAT POINT. THIS PROJECT IS AT THE VERY THRESHOLD FOR THE REQUIREMENT OF A STUDY. UM, THE TRIP GENERATION FOR THE PROJECT IS 770 VEHICLES PER DAY. AND AVERAGE ANNUAL DAILY TRAFFIC FOR THIS SECTION OF NASH ROAD IS 770. UM, VDOT HAS ENCOURAGED THE APPLICANT TO ANALYZE THE NEED FOR TURN LANES AS WELL. THEY'VE ALSO HAVE ADVISED THE APPLICANT ABOUT, UM, THE NEED FOR MEETING CONNECTIVITY AND A STOUT STREET IN CAREFUL PLANNING OF THE PHASES FOR, UM, STREET ACCEPTANCE. UM, AS I MENTIONED EARLIER THAT THIS BREEZE ZONING REQUEST, UM, DOES PROPOSE PROFFERS. AND YOU SHOULD SEE IN THE STAFF REPORT THERE ARE A TOTAL OF, UH, 17 PROFFERS. I'LL GO THROUGH THESE BRIEFLY. UH, THE FIRST PROFFER BASICALLY PERTAINS TO, TO THE ESTABLISHMENT OF A MINIMUM 25 FOOT BUFFER, UH, TO REMAIN UNDISTURBED. UM, AND NO STRUCTURES OR IMPERVIOUS SURFACE WOULD BE ALLOWED WITHIN THAT BUFFER AREA. YES, THE SECOND PROFFER, UM, BASICALLY SPEAKS TO THE, THE LOTS HAVING TO ACCESS AN INTERNAL SUBDIVISION ROAD AND NOT NASH ROAD. THE THIRD PROFFER, UM, THE RADIUS OF PAVEMENT IN THE CUL-DE-SAC WOULD BE A MINIMUM 45 DEGREE RADIUS FOR SCHOOL BUSES AND EMERGENCY VEHICLES. PROFFER NUMBER FOUR, UM, PROPOSES A DEDICATION OF, UH, 12 FOOT STRIP FOR RIGHT OF WAY ALONG NASH ROAD FOR FUTURE, UH, WIDENING IMPROVEMENTS. UH, PROFFER NUMBER FIVE, UH, NO STRUCTURE WOULD BE ERECTED ON THE LOTS OTHER THAN DWELLINGS FOR SINGLE FAMILY OCCUPANCY AND THEN ASSOCIATED, UM, ACCESSORY BUILDINGS AND NO DWELLINGS WOULD BE U WOULD BE USED FOR COMMERCIAL PURPOSES. UH, PROFFER NUMBER SIX, UH, IT OUTLINES A SQUARE FOOTAGE REQUIREMENT OF, UH, NOT LESS THAN 1500 SQUARE FEET THAT EXCLUDES PORCHES, DECKS, CARPORT, OR GARAGE PROFFER. NUMBER SEVEN, UM, EXCLUDES TRAILERS, SHACKS, GARAGES, BARNS OR OTHER OUTBUILDINGS, UM, AND BEING USED AS A RESIDENCE TEMPORARILY OR PERMANENTLY. PROFFER NUMBER EIGHT, PROHIBITS MANUFACTURED HOMES, MOBILE HOMES, MODULAR HOMES. AND I'LL MENTION THAT THE R ONE ZONING DISTRICT ALSO DOES NOT ALLOW FOR MANUFACTURED HOMES. PROFFER NUMBER NINE, UH, NO INOPERABLE VEHICLES OR UNLICENSED VEHICLES ARE ALLOWED ON ANY LOT. OH, FOR OVER 30 DAYS. UH, PROFFER NUMBER 10 FOUNDATIONS, UM, WOULD BE REQUIRED TO BE BRICK OR STONED. UH, PROFFER NUMBER 11, UH, FENCES WOULD ONLY BE ALLOWED TO ENCLOSE THE REAR YARD [00:35:01] AND THEY COULD NOT EXTEND FORWARD OF THE, UH, FRONT CORNERS, THE REAR CORNERS OF THE DWELLING. UH, PROFFER. NUMBER 12. UH, THE OWNER WOULD HAVE TO, UH, PROVIDE EVIDENCE TO THE COUNTY HEALTH DEPARTMENT AND THE COUNTY THAT, UH, THERE WOULD BE AN EFFECTIVE SITE FOR A WELL AND SEPTIC SYSTEM. AND AGAIN, THAT'S GOES BACK TO WHAT I WAS MENTIONING EARLIER, THAT EACH LOT IN THE SUBDIVISION WOULD BE SERVED BY AN ONSITE WELL AND SEPTIC SYSTEM. UM, PROFFER 13 LOTS WOULD HAVE TO BE A MINIMUM OF TWO ACRES AND WOULD NOT CONTAIN MORE THAN 77 LOTS. PROFFER 14, THE DEVELOPER WOULD CLEAR CUT THE DEVELOPMENT AREAS IN PREPARATION FOR THE SUBDIVISION. AND THOSE AREAS WOULD INCLUDE THE PUBLIC ROAD DRIVEWAYS, UH, UTILITY EASEMENTS, HOME SITE, AND THE WELL DRAIN FIELD IN AREAS, UH, THAT WOULD BE DESIGNATED AS COMMON OR RECREATIONAL AREAS. UM, ALL OTHER WOODED AREAS ON THE SITE WOULD BE PRESERVED IN A NATURAL STATE. PROFFER 15, UM, REQUIRES AN ADEQUATE ROADSIDE DITCH CHANNEL AND CULVERT CONSTRUCTED ALONG NASH ROAD. AND THAT DESIGN WOULD HAVE TO BE APPROVED BY VDOT, UH, PROFFER 16, UH, INSULATION OF A STREETLIGHT AT THE ENTRANCE TO THE SUBDIVISION, UH, THAT WOULD BE PROVIDED AND MAINTAINED BY THE DEVELOPER UNTIL SUCH TIME THE HOMEOWNER HOMEOWNERS ASSOCIATION TAKES CONTROL. AND THEN THE LAST PROFFER, NUMBER 17, UH, THE HOMEOWNERS ASSOCIATION WOULD BE ESTABLISHED AND THEY WOULD BE RESPONSIBLE FOR MAINTENANCE OF THE SHRUBBERY BUFFER AREA AND SECURITY LIGHT AT THE INTERSECTION. SO THOSE ARE THE PROFFERS THAT ARE PROPOSED WITH THIS REZONING REQUEST. UM, WITH THAT SAID, AND ALL THE INFORMATION I'VE GONE OVER, STAFF HAS RECOMMENDED APPROVAL OF THIS REQUEST TO REZONE THE SUBJECT PROPERTY. GIVEN THAT ONE, THE REQUESTED ZONING CLASSIFICATION OF R ONE IS COMPATIBLE WITH THE SURROUNDING ZONING PATTERN IN LAND USES. AND TWO, THE PROPOSED USE CONFORMS TO THE UNDERLYING USES RECOMMENDED IN THE PLAN GROWTH AREA IN THE COMPREHENSIVE PLAN. SO THAT CONCLUDES THE STAFF'S PRESENTATION. I'LL ATTEMPT TO ANSWER QUESTIONS YOU MIGHT HAVE. AND THE APPLICANT IS ALSO PRESENT THIS EVENING. UH, JEFF DUNSMORE, ANY QUESTIONS OR COMMENT FOR MR. ROBINSON? YES, I, I HAVE ONE. I KNOW THESE PROFFERS BECOME PRETTY MUCH LAW, BUT WHEN YOU SIGN INTO THESE THINGS, SO YOU, ON NUMBER 11, YOU PROBABLY, UH, THERE'S A MISSPELLING FRONT OF THE REAR CORNERS OF THE DWELLING. IT'S MISSPELL THAT NEEDS TO BE CHANGED. OKAY. THANKS FOR BRINGING THAT TO MY ATTENTION. UM, I GUESS I HAVE, I HAVE TWO THINGS I'D LIKE TO LOOK AT. LOOKING AT THE, THE, UM, DIAGRAM, JUST LOOKING AT THE DIAGRAM, RAN, UM, ENTRANCE, UM, INTO THE PROPERTY FROM NASH ROAD. I DIDN'T SEE ANYWHERE IN THE PROFFERS THAT THERE'S GOING TO BE A TURN LANE. I KNOW VITA DID NOT SUGGEST, BUT YOU'RE PUTTING A LOT OF TRAFFIC, A LOT MORE TRAFFIC ONTO THAT ROAD AT FULL, AT FULL BUILD OUT. AND THAT MAY CREATE A LITTLE PROBLEM. I'M MAKING MYSELF CLEAR, YOU UNDERSTAND WHAT I'M SAYING? SO I, I WONDER WAS ANY CONSIDERATION IN DISCUSSION WITHIN THE PLANNING OF THIS AND DEVELOPING THE PROFFERS TO TALK ABOUT, UH, MAYBE A TURN, PUTTING IN A TURN LANE TO, TO THE PROPERTY? UM, SECOND PIECE IS, UM, AT, AT AT MAX BUILT OUT 77 HOMES, MAYBE NOT 77, DEPENDING ON, YOU GET, ONCE YOU GET IN AND DO ALL OF THE GROUNDWORK YOU GOTTA DO, YOU MAY WIND UP WITH LESS THAN 77 LOTS, BUT ALL THESE ARE GONNA BE PULLING OFF THE [00:40:01] SAME AQUIFER. IS THAT CORRECT? SAME, SAME WATER SOURCE. I PRESUME THAT'S CORRECT. THAT THE APPLICANT MIGHT HAVE MORE INFORMATION ABOUT THAT MAY MAYBE HE HAS MORE INFORMATION ABOUT IT. I, I BRING IT UP BECAUSE I'M FAMILIAR WITH THIS PROPERTY BEFORE, AND ONE OF THE THINGS THAT WAS A CONCERN WAS PULLING ALL OF THIS WATER OFF OF A WELL THAT IS SHARED OFF FROM AN AQUIFER, I'M SORRY, THAT IS SHARED, UH, IN A MUCH LARGER CONCEPT THAN THIS, JUST THIS PROPERTY. UH, AND WHAT THAT'S GOING TO DO TO, UM, OTH OTHER PEOPLE'S WELLS SURROUNDING THEM IN THE DRY SEASON. 'CAUSE YOU KNOW, SOMETIME WE DO GET DRY SEASONS DOWN HERE AND WATER TABLES GET REAL LOW. SO THOSE ARE MY TWO CONCERNS. MR. CHAIRMAN. THANK YOU. ANY OTHER COMMENTS OR CONCERNS? UH, QUESTIONS. I, I, I GOT SOMETHING I, AND I, I THINK I TALKED TO MARK ABOUT IT AND IT MAY BE COVERED, YOU KNOW, MOST OF THESE PLACES WHERE YOU GOT ONE SINGLE IN AND ONE, YOU KNOW, AND UTILIZE IT IN AND OUT. D DOES I ASK IF THE SAFETY DIRECTOR OR OR DAVID HALE OR ANY OF THOSE HAD ANY INPUT AS TO HAVING ONE ENTRY ENTRANCE AND, AND BEING OKAY, UM, MR. HALE WAS, OR CHIEF HALE WAS AT THE LAND DEVELOPMENT COMMITTEE WHEN THE APPLICANT PRESENTED THE, UH, THIS CONCEPT PLAN THAT YOU ALL HAVE BEFORE YOU THIS EVENING WITH THE PROPOSED LOTS, THE CURRENT CONFIGURATION, AGAIN, AS A CONCEPT PLAN. UM, HE DID INDICATE THAT, UM, YEAH, YEAH, UM, THEY WOULD DESIRE, UM, SOME TYPE OF SECOND ENTRANCE, IF NOT THEN SOME TYPE OF BOULEVARD ENTRANCE. SO THEY WOULD HAVE, UM, TO YOUR LIGHT AT LEAST, UH, AT THE ENTRANCE TO THE SUBDIVISION, UM, TWO STREETS GOING INTO THE SUBDIVISION, UM, EVEN IF IT WAS SOME TYPE OF BOULEVARD ENTRANCE. SO WE DID HAVE DISCUSSION ABOUT THAT. UM, AT THE LAND DEVELOPMENT COMMITTEE MEETING, QUESTION OR COMMENT, I, UH, HAD TALKED TO SAM HAYES THIS WEEK, UH, AND ALSO GOT A TEXT MESSAGE WHERE SOME COMMENTS THAT HE WAS WANTED TO BRING UP. SO I'LL SHARE THOSE WITH YOU. AND, UH, AND I'LL HAVE TO ADMIT I'M IN AGREEMENT WITH THOSE. UM, ONE, HE, HE, JUST LIKE YOU'VE ALREADY BROUGHT UP ABOUT THE ONE ENTRANCE GOING IN AND THE POTENTIAL FOR THAT BEING A HAZARD FOR IN CASE AN EMERGENCY HAPPENS, A, A WRECK A FIRE OR ANYTHING LIKE THAT. WE, WE TALKED ABOUT THAT AT LENGTH ON THE PREVIOUS CASE ON THE, FOR THIS PROPERTY. AND THERE WAS A CONCERN THEN THAT ONLY ONE INTEREST WAS BEING PROVIDED. SO, UH, SAM AND OTHERS HAVE MENTIONED THAT AS A CONCERN. UM, I SEE WHERE THE, UH, THE HOMEOWNER'S ASSOCIATION WILL MANAGE THE PUBLIC AREAS. AND I, MY QUESTION WOULD BE WHEN WOULD THAT HOMEOWNER'S ASSOCIATION, UH, TAKE OVER THAT? IT TALKS ABOUT THAT IN GENERAL TERMS, BUT, UH, HOMEOWNER'S ASSOCIATION COULD BE REALLY GREAT OR REALLY NOT SO GREAT. AND IT DEPENDS ON HOW THEY'RE MANAGED. AND I GUESS MY QUESTION WOULD BE UPFRONT, DOES THE, IS THE HOMEOWNER ASSOCIATION BE MANAGED LOCALLY BY THE RESIDENTS OR WILL A MANAGEMENT FIRM BE HIRED TO MANAGE THE HOMEOWNER'S ASSOCIATION? UM, THESE THINGS KIND OF COME AND GO AS THE YEARS GO BY. UH, AND SO SOME OF 'EM, SOME PEOPLE ARE REALLY GOOD ABOUT DOING WHAT THEY'RE SUPPOSED TO DO. SOME PEOPLE JUST DON'T FOLLOW THROUGH. AND BY GETTING A MANAGEMENT GROUP, HOPEFULLY THEY'VE GOT SOME LIABILITY TO, IN SOME EXPERIENCE AND MANAGING THESE KINDS OF ORGANIZATIONS. AND I THINK THAT WOULD BE HELPFUL. UM, WE DID TALK ABOUT WETLANDS IN THIS AREA. I KNOW IT GOES KIND OF UP THE HILL, UH, BUT I'M SURE ALL OF THAT WILL BE TAKEN INTO ACCOUNT ONCE THE SURVEYING IS DONE. UM, THE OTHER, UH, ONE THAT IT'S, I'VE HEARD SEVERAL TIMES IS THAT, IS THERE ANYTHING ELSE GONNA BE DONE OTHER THAN, UH, AS FAR AS THE AMENITIES, OTHER THAN JUST HAVING A TWO ACRE LOT FOR HOUSE TO SIT ON, IT WOULD APPEAR TO ME THAT IF WE ARE LOOKING FOR, UM, A SUBDIVISION THAT REPRESENTS THE HIGHEST IDEALS OF THE COUNTY, THEN WE WOULD WANT OR CERTAINLY EXPECT [00:45:01] THAT AMENITIES FOR THE PEOPLE, THOSE SEVEN TO SEVEN HOMES ROUGHLY, UH, WOULD BE SOMETHING THERE TO KEEP THEM ON THE PROPERTY RATHER THAN WALKING UP DOWN NASH ROAD, WHETHER IT BE A RECREATIONAL AREA, UH, SOMETHING THAT WOULD, UH, ALLOW FOR COMMUNITY ACTIVITIES, UH, SOMETHING OTHER THAN JUST HOUSES AND STREET. UM, MY VISION WOULD BE, UH, A SUBDIVISION THAT IT BECOMES A DESIRED DESTINATION FOR PEOPLE TO, TO LIVE AT RATHER THAN JUST A HOME ON, ON A TWO ANCHOR LOT. UH, AND NO, FIRST THINGS FURTHER, I SAID THAT, BUT I ALSO WANT TO ACKNOWLEDGE THAT I DO NOT KNOW THE DEVELOPER. I DO NOT KNOW THE, THE PERSON PRESENTED THE CASE, BUT I UNDERSTAND THAT PERSON OR THAT GROUP HAS ALS ALREADY DONE BUSINESS IN DENBURY COUNTY AND I HEAR NOTHING BUT GOOD THINGS ABOUT WHAT THEY'VE DONE TO THIS POINT. UH, SO I'M NOT, I'M THINKING THAT THEY'RE GOING TO PUT IN A FIRST CLASS SUBDIVISION IF GIVEN THE OPPORTUNITY. UM, I DO THINK E EVERYTHING WE BRING UP AND SUGGEST IT, IT IS COST MONEY. AND I KNOW THAT IF YOU GO 75 LOTS, YOU CAN COST MORE THAN SEVEN, SEVEN LOTS. AND IF YOU COULD PUT IN SIDEWALKS, THAT'S COST MORE THAN IF YOU DIDN'T PUT IN SIDEWALKS. BUT AT SOME POINT IN TIME, WE'VE GOT TO EXPECT IT TO BE QUALITY AND, AND WANT THAT TO BE, UM, KEEPING IN TERMS WITH THE GOALS OF THE COUNTY. NOW THE OTHER THING IS THAT I UNFORTUNATELY HAVE HAD THE EXPERIENCE OF DRIVING THROUGH CHESTERFIELD COUNTY A LOT, UH, GOING BACK AND FORTH TO THE HOSPITAL FOR THE LAST COUPLE OF YEARS. ST. MARY'S AND ST. FRANCIS, BEAUTIFUL SUBDIVISION, MANICURES SIDE CURB AND GUTTER, YOU KNOW, JUST UNBELIEVABLE. NOW I HEAR PEOPLE SAY ALL THE TIME, WELL, WE DON'T WANNA BE LIKE CHESTERFIELD COUNTY. I'VE NEVER HEARD ANYBODY SAY WE WANT TO BE LIKE CHESTERVILLE COUNTY, BUT YOU'VE GOT AN OPPORTUNITY TO DO IT AS GOOD AS YOU CAN DO IT. AND I DON'T WANT TO BE LIKE THE OTHER COUNTIES AROUND US WHO I THINK ARE LOOKING UP TO COUNTY TO, TO HAVE A HIGHER STANDARD THAN WHAT THEY'RE PRESENTLY ENJOYING. AND I THINK THAT'S SOMETHING THAT, UH, IT'S AN EXPECTATION THAT WE NEED TO HAVE, AGAIN, DON'T WANT TO BE LIKE CHESTERFIELD COUNTY, BUT I DON'T WANT IT TO BE LIKE A LOT OF OTHER COUNTIES EITHER. I'M AT THE POINT WHERE I AM SO PROUD THAT DENVER COUNTY HAS COME FORWARD WITH THE CONFERENCE PLANNING THAT SAYS, THIS IS WHAT WE WANT TO LOOK LIKE. AND IT'S NOT LIKE CHESTERFIELD AND IT'S NOT LIKE NOWAY OR BRUNSWICK OR ANYBODY LIKE THAT. IT'S, THEY WANT TO BE LIKE DENWOODY COUNTY AND WE'VE GOT AN OPPORTUNITY TO DO THAT. THE OTHER THING THAT THAT'S A GIVEN, DENVER COUNTY SORELY NEEDS MORE HOUSING. IF WE WANT TO GROW AND EXPAND AND PROVIDE OPPORTUNITIES FOR EMPLOYMENT, PEOPLE GOTTA HAVE A PLACE TO LIVE. AND ANYTHING WE CAN DO TO SUPPORT THAT IN THE DESIRED AREA OF GROWTH IN THE COUNTY, I THINK IS IMPORTANT. SO, UH, GIVEN THAT I THE MAIN POINTS TO, TO SUMMARIZE RECREATIONAL AREA, YOU TALK ABOUT RECREATIONAL AREAS AND ONE OF YOUR PROPERTY, WHICH MEANS, WHAT ARE YOU TALKING ABOUT? WHAT KIND OF RECREATIONAL AREAS ARE THEY TALKING ABOUT? I MEAN, UH, BASKETBALL GOAL AT THE END OF THE CUL-DE-SAC, I DON'T KNOW, UH, WHO'S THE PUBLIC WHO CAN MAINTAIN THE PUBLIC, UH, AREAS WHO MAINTAINS THE HOMEOWNERS ASSOCIATION. UM, AND THEN FOOT TRAFFIC IS IMPORTANT. WHAT, YOU KNOW, IT'S LESS THAN A HALF A MILE FROM THAT ENTRANCE OVER TO ROUTE ONE. WELL, PEOPLE ARE GOING TO BE WALKING DOWN, UP AND DOWN THAT ROAD TO GET TO THE PRODUCE BARN OR OR SERVICE STATION OR WHATEVER IT HAPPENED TO BE. 'CAUSE WHERE ELSE ARE THEY GOING? GO TO BUTCH'S HEIGHT, I'M SURE IF IT WENT THE OTHER WAY. BUT, UH, BUT NEVERTHELESS, THAT NEEDS TO BE CONSIDERED RIGHT AS KABUKI. SO, UH, THAT'S ALL I'VE REALLY GOT SAY. SO DO YOU HAVE ANY RESPONSE TO ANYTHING WE'VE SAID? IF NOT, WE'LL, NO, I DON'T HAVE ANY ADDITIONAL COMMENTS. OKAY. ANYBODY ELSE? UH, I, I HAD JUST ONE QUESTION ON, UH, THE PROFITS FOR NUMBER EIGHT SAYS, NO MANUFACTURED HOMES, MOBILE HOMES, MODULAR HOMES, SHE'LL BE ALLOWED ON ANY PARCEL. UM, I KNOW PRETTY MUCH WHEN YOU SAY MODULAR HOMES, IT COMES WITH TWO PIECES AND TWO SIDES AND YOU PUT 'EM TOGETHER, BUT I DON'T KNOW, YOU HAVE A LOT OF HOMES OUT THERE NOW THAT COMES IN FOUR OR FIVE DIFFERENT SECTIONS AND THEY, THEY STILL, YOU KNOW, THEY, THEY PUT 'EM TOGETHER. IN OTHER WORDS, THEY'RE NOT STICK BUILT, WHAT THEY CALL STICK BUILT HOMES. SO THEY'RE MODULAR HOMES. SO I DIDN'T KNOW IF THAT WAS, UM, A, A LITTLE CLOSER CLASSIFICATION OF WHAT WAS SAID WAS BEING SAID HERE. IF, UM, SOMEONE PURCHASED A HOME THAT FOUR OR FIVE SECTIONS AND THEN THEY EVEN HAVE UPSTAIRS AND DOWNSTAIRS. [00:50:02] SO I DON'T KNOW. GOOD POINT, GOOD POINT. UH, THE OTHER THING SAM DID MENTION THAT I THINK IS IMPORTANT HAS ALREADY BEEN BROUGHT UP, IS THAT RIGHT AND LEFT HAND TURNING LANE SHOULD BE REQUIRED TO GET INTO THAT PROPERTY. UH, AGAIN, NOT DOING THAT PERPETUATES HAVING THE MINIMUM AND I THINK THE SAFEST WAY OF DOING IT, AND SAM BELIEVES THE SAFEST WAY OF DOING IT IS HAVING A RIGHT AND TURN, UH, RIGHT AND LEFT TURN LANE TO GET IN AND OUT. SO YOU WON'T IMPEDE TRAFFIC OR RUN THE RISK OF HEAD ON COLLISIONS. SO IF WITH WITH THAT, WE WILL, UH, INVITE THE REAR TBO FORWARD. OKAY. ALRIGHT. THANK YOU SIR. THANK YOU VERY MUCH. THANK YOU MR. CHAIRMAN. WISH YOU WERE MY FRAT BROTHER, BUT THAT'S OKAY. IF THE APPLICANT OR THE REPRESENTATIVE, UH, WOULD LIKE TO COME FORWARD AND SPEAK. THANK YOU. UH, JUST NAME AND ADDRESS. THANK YOU. JEFF DENSMORE, ROCK RIVER HOMES, UM, 2 0 2 2 0 VILLE, VIRGINIA. OKAY, THANK YOU. SO I CAN ADDRESS A LOT OF YOUR QUESTIONS AND CONCERNS. UM, THE TURN LANES WHEN WE TALKED ABOUT THE BOULEVARD ENTRANCE, I THINK THERE'S A GRANDER WAY TO DO THAT ENTRANCE THAT, UM, BUT UNTIL WE CAN GET INTO ALL OF THE ENGINEERING, THE SOIL STUDY, THE ENVIRONMENTAL ISSUE THAT YOU BROUGHT UP, I DON'T HAVE ALL OF THAT DETAIL YET. NOT KNOWING WHETHER WE CAN GET REZONED OR NOT. MM-HMM . THAT IS DEFINITELY SOMETHING THAT WE HAVE TAKEN INTO CONSIDERATION AND WE'RE AWARE OF. UM, AS FAR AS THE RECREATIONAL AREA, WE DIDN'T WANNA SPECIFY WHAT TYPE OF COMMUNITY AMENITIES MAY BE PRESENT BECAUSE THERE'S OTHER FOLKS THAT COULD FEEL DIFFERENTLY ABOUT IT HAVING A PICNIC AREA OR PAVILION OR, YOU KNOW, A WRECK AREA. DOES THAT JUST PROVIDE MORE OF AN AREA TO ATTRACT A HANGOUT SPOT INSTEAD OF WHAT IT SHOULD BE USED FOR? YOU'RE CORRECT. AND WE HAVE DONE OTHER BUSINESS IN THE COUNTY, WHICH IS TURKEY RUN SUBDIVISION, AND I, I THINK THE COUNTY'S PRETTY PROUD OF IT. UM, TO ANSWER MR. HARVILLE'S QUESTION, ALL OF OUR HOMES ARE STICK BUILT. NOTHING COMES IN PANELS, NOTHING IS MODULAR. UM, YOU KNOW, WE HAVE THE DESIRE TO BRING A REALLY NICE HOME, A DESIRABLE PRODUCT TO YOUR COMMUNITY. UM, SO NOTHING THAT I'VE HEARD HERE IS ALARMING OR A DEAL BREAKER FOR US. UM, BUT I WANTED TO SHARE SOME INSIGHT ON SOME OF THE QUESTIONS THAT CAME UP. VERY GOOD. I'M HAPPY TO ANSWER ANY QUESTIONS THAT I, ANY QUESTIONS OR COMMENTS, SIR? NO, I MEAN, I'M, I'M FAMILIAR WITH YOUR BILL 'CAUSE I, BEFORE I BUILT MY HOUSE, I WENT AND LOOKING OKAY, TURKEY RUN. I SAID, WELL, MAYBE I CAN CALL THOSE PEOPLE, GET IT. AND MY WIFE SAID I CAN BUILD THAT HOUSE. SO THAT'S WHAT SHE DID. , YOU GOT IT. SO, BUT, UH, NO, I MEAN IT'S A, IT'S A NICE PRODUCT. THANK YOU. YOU KNOW, NOT ONLY THERE, BUT I THINK YOU GOT SOME MORE UP ROUTE ONE. IS THAT ON FRONTAGE ROAD, THAT AREA, DID YOU HAVE ANY OF THOSE BUILT? UH, IN WE HAVE, WE HAVE MORE HOMES DOWN TOWARDS BRUNSWICK COUNTY ON ROUTE ONE. OKAY. BUT NOTHING FURTHER ON ROUTE ONE IN . OH, NOTHING. OKAY. WELL, I'LL TELL YOU WHOEVER DID THAT, THAT, THAT LOOKS SIMILAR TO WHAT YOU DID. YES. SO ANYWAY, SIR, UH, AL UH, UH, HOW ARE YOU CERTAIN FOR YOUR SEPTIC SYSTEMS PASSING? ARE THEY HAVE, HAVE YOU ALREADY PRETESTED OR? WE HAVE NOT. AND WE WOULDN'T DO THAT UNTIL, SO WE WOULD TAKE A PRELIMINARY LAYOUT AND THAT WOULD BE ALL PART OF OUR STUDY PERIOD AND OUR DEVELOPMENT ON OUR ENVIRONMENTAL. WE WOULD GO IN AND TAKE A PRELIMINARY PLAN AND PROVE THAT THERE IS AN APPROVED DRAIN FIELD ON EACH LOT. THEN WE COULD COMPLETE THE, THE ENTIRE PLAN WITH THE SURVEY AND THE ENVIRONMENTAL WORK. AM I TO ASSUME THAT WHAT WE ARE DOING, UH, TRYING TO ADDRESS TONIGHT IS A REZONING REQUEST THAT IS, AND THAT THE STAFF WOULD FURTHEST ONCE THAT IF ONCE THAT HAS BEEN APPROVED, THEN THE STAFF WOULD, UH, SPEND TIME WORKING WITH, UH, THE DEVELOPER TO REVIEW THE PLANS THAT ADDRESS THE SPECIFICITY THAT WE BROUGHT UP TONIGHT. TURNING LANES, RECREATIONAL AREAS, YOU KNOW, HOMEOWNER MANAGEMENT, HOME ASSOCIATION MANAGEMENT, ALL THESE OTHER KIND OF DETAILS THAT, [00:55:01] AS YOU SAID, UH, IT'S NOT TIME FOR THOSE RIGHT NOW, BUT THAT WILL COME AT A LATER TIME. IS THAT RIGHT, MR. BASSMAN? THAT'S CORRECT. UM, IF THE REZONING IS APPROVED, THEN THEY WOULD MOVE FORWARD WITH THEIR NEXT PLANNING STEP ANYWAY. UM, RELATED TO WHAT WOULD HAVE TO BE APPROVED BY THE PLANNING DEPARTMENT WOULD BE, THEY WOULD MOVE TO THE PHASE OF SUBMITTING A PRELIMINARY PLAT, WHICH AS YOU SAID, A LOT OF THOSE QUESTIONS WOULD BE ANSWERED AT THAT TIME. UM, RELATED TO SPECIFICS OF THE SUBDIVISION, THEY WOULD HAVE TO SHOW THOSE ON THE PRELIMINARY PLAT. UM, WOULD THAT INFORMATION BE BROUGHT BACK TO THE PLANNING COMMISSION? YES, THE PRELIMINARY PLAT DOES HAVE TO BE APPROVED BY THE PLANNING COMMISSION. YOU ALL HAVE WHAT WE CALL A PUBLIC REVIEW OF THE PRELIMINARY PLAT, AND YOU COULD COMMENT ON THAT AND REQUEST EITHER APPROVE IT AS IS OR REQUEST MODIFICATIONS OR, UM, DISAPPROVAL OF THE PRELIMINARY PLAT. THAT'S VERY HELPFUL. THAT IS HELPFUL. UH, AND YES, SIR. ONE MORE THING TO ANSWER YOUR, YOU KNOW, TO COMMENT ON THE HOMEOWNER ASSOCIATION THING, YOU, YOU KNOW, YOU'RE ABSOLUTELY RIGHT. IT'S IN SOME INSTANCES ARE THE GREATEST. SOME THEY'RE THE WORST. WE'RE NOT A BIG FAN OF THEM EITHER, BUT WE KEEP CONTROL OF THOSE UNTIL THE LAST HOME IS BUILT SO THAT EVERYTHING IS TAKEN CARE OF. AT THAT POINT, I ALMOST FEEL IT IS BENEFICIAL TO TURN IT OVER TO THE COMMUNITY, UM, INSTEAD OF HAVING A MANAGED COMPANY THAT'S, THAT'S NOT PART OF THE COMMUNITY, UM, DICTATE WHAT CAN HAPPEN AND WHAT CAN'T. WELL, I WOULD DEFER TO YOUR JUDGMENT ON THAT SINCE YOU'VE GOT EXPERIENCE AND I DON'T , BUT I, I'VE HEARD HORROR STORIES AND I'VE HEARD, YOU KNOW, SOLUTIONS TO SOME OF THE HORROR STORIES. BUT, UH, AGAIN, THAT'S SOMETHING THAT WILL COME LATER AND WE YES, WE CAN TALK ABOUT IT. I, I, UH, ANY OTHER COMMENTS QUESTION? I DON'T THINK SO, UNLESS YOU GUYS HAVE ANY MORE QUESTIONS FOR ME. OKAY. THANK YOU VERY MUCH. THANK YOU. UH, IS, MAY I HAVE TIME FOR MR. CHAIR? YES. I'M SORRY IF I JUST YES, PLEASE. MAY ANSWER. AND JUST FROM A LEGAL STANDPOINT, YOUR, YOUR PROPER STATEMENT IS YOUR AND MARK COME IN ON THIS ONE BECAUSE I'M NOT THAT DETAILED INTO WHAT'S REPLIED IN THAT SUBDIVISION OR THIS, BUT YOUR PROMISE STATEMENT IS WHAT THE COUNTY ENFORCE. SO I'VE HEARD A LOT TONIGHT THAT Y'ALL TALKED ABOUT DOING, AND I UNDERSTAND FROM A DEVELOPMENT STANDPOINT YOU DON'T, BUT I JUST WANTED TO KIND ADVISE Y'ALL THAT IT IS, THAT POSSIBILITY COMES FROM THE PROPER STATEMENT AND THEN INCORPORATING A SITE PLAN OR SOMETHING INTO THE PROCESS. SO, SO I I, I, I THINK I UNDERSTANDING WHAT YOU'RE SAYING, BUT THAT DOESN'T NEGATE THE OPPORTUNITY FOR ADDITIONAL WORDING AND STATEMENTS TO BE ADDED TO THOSE PROFIT STATEMENTS. IS THAT CORRECT? ONCE IT'S APPROVED BY THE BOARD? NO, YOU, YOU DID THE APPLICANT OWNER TO COME BACK TO QUOTE . SO PRETTY MUCH HAVE TO ENFORCE ONCE IT GETS PAST THE FORWARD LEVEL, WHAT'S IN THOSE PROCESS. WELL, SO IN OTHER WORDS, IF YOU DON'T HAVE A SPECIFIC SITE PLAN, THE SPECIFIC AMENITIES ON IT, I CAN'T ENFORCE IT. AND I'M NOT TRYING TO BE NEGATIVE HERE. I'M JUST, Y'ALL KNOW THAT IT SEEMED LIKE THE CONVERSATION WAS GOING AS IF Y'ALL COULD ASK US. YOU CAN ASK, UM, SOMETHING OF THE DEVELOPER, BUT I CAN'T FORCE THEM TO DO SO. YEAH, I, WELL THAT I, I THINK WE UNDERSTAND, WE, WE ARE NOT FORCING THEM, BUT WHAT I WAS, WHAT I WAS LEADING TO IS THAT WE CAN REZONE IT, BUT UH, WITH THE, UH, AS AMENDED BY THE OTHER INFORMATION THAT COMES IN O OTHERWISE, YOU KNOW, WE ARE GONNA BE ADDING, TURNING LANES, ALL KINDS OF STUFF THAT THEY HAD NOT, THEY DIDN'T EVEN KNOW IF THEY CAN DO AT THIS POINT IN TIME OR IF THEY NEED TO DO SO. IT KIND OF A CHICKEN. I UNDERSTAND. I'M JUST, IT'S KIND OF A CHICKEN AND EGG THING. RIGHT. I JUST WANTED Y'ALL TO KNOW, AGAIN, I UNDERSTAND THE PREDICAMENT AND I UNDERSTAND THE DEVELOPMENT MONEY ON DEVELOPING SOMETHING THAT YOU DON'T HAVE ALL THE DATA YET, BUT I'M JUST LETTING HIM KNOW THAT IF SOMETHING IS NOT IN THE PROPER, I CAN'T ENFORCE IT LEGALLY, CAN WE? SO, SO EXCUSE ME. YOU CAN'T SAY I WANT ATTORNEY LANE LATER AND ENFORCE IT UNLESS IT'S IN THE PROPERTY. AND MARK MIGHT KNOW MORE ABOUT WHAT'S IN THE DETAIL OF THE SUBDIVISION ORDINANCE. HE DOES THAT. [01:00:01] I SIT THIS EVENING. I JUST WANNA CLARIFY THAT BECAUSE MM-HMM . I HEARD A LOT OF WISHES. I I CAN GIVE YOU AN EXAMPLE OF FROM YOUR DISCUSSIONS THIS EVENING, UH, RECREATIONAL AREA. UM, IF, IF THE DEVELOPER, UM, DOESN'T HAVE THAT, UM, IN THE PROFFERS AND YOU ALL THOUGHT THAT WAS SOMETHING THAT NEEDED TO BE IN THE PROFFERS, UM, IT WOULD HAVE TO BE IN THE PROFFERS. THERE'S NO REQUIREMENT IN THE SUBDIVISION ORDINANCE THAT YOU HAVE TO HAVE A CERTAIN AMOUNT OF RECREATIONAL AREA. THERE'S NO REQUIREMENT FOR SIDEWALKS, THERE'S NO REQUIREMENT FOR A HOMEOWNER ASSOCIATION, THERE'S NO REQUIREMENT FOR STREETLIGHTS. UM, THOSE ARE EXAMPLES OF WHAT MR. DREWRY WAS FROM HEARING YOUR DISCUSSION. IF YOU FELT LIKE, UM, THOSE NEEDED TO BE INCLUDED AS PART OF THE SUBDIVISION THAT WOULD HAVE TO BE IN THE CRAWFORD. DOES THAT, DOES THAT ALSO HOLD TRUE FOR TURNING LANES? UH, TO SOME EXTENT, YES. 'CAUSE WE'RE NOT SURE ABOUT THE EXACT NUMBER OF LOTS, UM, THAT, YOU KNOW, THAT THE SUBDIVISION WOULD HAVE AT THIS POINT. UM, WHICH IS NOT UNUSUAL AS THE APPLICANT INDICATED, YOU KNOW, THAT THEY HAVEN'T DONE ALL OF THEIR, UM, PRELIMINARY WORK IS AS PART OF DESIGNING THE, THE SUBDIVISION. UM, SO YES, IF, UM, AS WE DID WITH THE APARTMENTS CASE, UM, THERE WAS A LEFT-HAND TURN LANE, UM, INTO THE APARTMENT PROJECT, UM, THAT WAS NOT WARRANTED, UH, WITH THE TRAFFIC STUDY. UM, BUT THAT WAS SOMETHING THE BOARD OF SUPERVISORS DID END UP, UM, HAVING LANGUAGE IN THE PROFFER RELATED TO THAT. NOW, UH, WE DID TALK TO, UM, THE ENGINEER AT VDOT ABOUT TURNING LANES AND HE HAD A GOOD POINT, UM, WITH ANY SUBDIVISION, DEPENDING ON THE AMOUNT OF ROAD FRONTAGE THAT THEY HAVE AT THE ENTRANCE OF THE SUBDIVISION, LIKE THIS SUBDIVISION HAS APPROXIMATELY 340 FEET OF ROAD FRONTAGE ON NASH ROAD. SO IF YOU'RE ASKING FOR A LEFT HAND TURN LANE THERE, IT MAY HAVE TO BE SOME TYPE OF MODIFIED TURN LANE INTO THE PROJECT BECAUSE HE DOESN'T OWN PROBABLY ENOUGH ROAD RIGHT OF WAY ON NASH ROAD DUE TO THAT LIMITED AMOUNT OF ROAD FRONTAGE TO DO A FULL, UM, WHAT MAY BE A FULL DESIGN LEFT-HAND TURN LANE. IT MAY HAVE TO BE SOME KIND OF MODIFIED TURN LANE. UM, IT WOULD BE SHORTER THAN, UM, A FULL BLOWN, UM, VDOT STANDARD LEFT HAND TURN LANE. SO WE DID HAVE LANGUAGE WITHIN THE PROFFERS FOR THAT. UM, I'M JUST REFERENCING THAT APARTMENT CASE WHERE WE DID HAVE LANGUAGE ABOUT TURN LANES, BUT IT WAS, UM, WE HAD MODIFIED LANGUAGE IN THERE, UM, BECAUSE HE HAD LIMITED AMOUNT OF RIGHT OF WAY AND ROAD FRONTAGE AS PART OF THAT DEVELOPMENT TOO. UM, I, I DON'T REMEMBER THE EXACT LANGUAGE THIS EVENING, BUT I COULD YEAH, MOCK FRAME WOULD BE POINT. AND I GUESS FROM EXAMPLE WHAT I'M SAYING, THAT IN THE PARKING COMPLEX, Y'ALL KNOW MUCH DETAILS IN THE SITE PLAN A LOT AND WE INCORPORATE THAT INTO THE PROCESS. AND WHAT MARK'S TALKING ABOUT IS THERE WAS SOME DISCUSSION ABOUT TURNING LANES THAT TOO, UM, VIRGINIA CODE HAS GOTTEN MORE RESTRICTED, UM, WITHIN THE LAST FEW YEARS OF WHAT A LOCAL GOVERNMENT CAN REQUIRE. AND UM, VIRGINIA CODE DOES NOT LIKE A GOVERNMENT REQUIRING SOMETHING THAT GOES OFF DEVELOPMENT PROPERTY AT ALL. AND SO WHAT WE HAD IN THE APARTMENT COMPLEX WAS BASICALLY, UM, WIGGLE WILL BRING 'EM IN NOW AND BASICALLY TURN LANES, UM, TURN LANES, UM, AS REPLIED BY V OTED ONLY IF THEY COULD BE PLACED WHOLLY WITHIN THE, THE, UH, DEVELOPER'S PROPERTY. SO WE, WE ARE, WE ARE TALKING ABOUT WHAT A DEVELOPER WILL DO, WHAT THE COUNTY WANTS, AND THEN MAY SITTING IN THE MIDDLE GOING, OKAY, CAN, CAN WE EVEN PUT SOMETHING LIKE THAT IN IT? SO IT'S A LOT OF WORK IN, IN THAT APARTMENT ONE, IT TOOK SOME TIME. SO WE, WE DON'T HAVE IT HERE. AND UM, AGAIN, I'M NOT TRYING TO BE NEGATIVE HERE TONIGHT BECAUSE I THINK YOU'VE GOT A GOOD DEVELOPER HERE AND A GOOD BUILDER AND SO, BUT I I, I DIDN'T WANT Y'ALL GOING ALONG THINKING THAT YOU COULD COME BACK. YOU UNDERSTAND ME [01:05:01] AND PUT IN SOME TYPE OF REPLY, IS THAT TO SAY, SO, OKAY, SO IN THAT CASE THEN, MR. JUROR QUESTION FOR INFORMATION AND MAYBE FOR ACTION IN, IN, IN, IN LIGHT OF WHAT'S BEING SAID, IF THE DEVELOPER, IF THE DEVELOPER IS WILLING TO, WELL, I CAN'T CAN, LET ME ASK YOU THIS. CAN THE DEVELOPER BEGAN GETTING SOIL SAMPLES FOR THE ROAD COMING IN? THEY CAN'T TOUCH THE PROPERTY OR DO ANYTHING UNTIL THEY GET THE APPROVAL FROM, UNTIL THEY, UNTIL THE PROPERTY IS REZONED? YEAH, THAT'S BETWEEN THE CONTRACTOR RELATIONSHIP BETWEEN THE DEVELOPER AND WE, WE DON'T HAVE ANY, YOU KNOW, BASICALLY, I DUNNO WHAT THAT CONTRACT STATES, BUT THAT'S THE RELATIONSHIP BETWEEN THE DEVELOPER AND, OKAY. I, I GUESS WHERE, WHERE I'M, WHERE I'M HEADING IS, IS THE DEVELOPER WILLING TO MEET WITH PLANNING AND PUT WHAT WE ARE SUGGESTING AS IN, AS A PROFFER. NOW WE CAN'T MAKE HIM DO THAT, AM I RIGHT? THAT'S RIGHT. OKAY. BUT S VOLUNTARY, YOU CAN SUGGEST, WE CAN SUGGEST IF HE WOULD, YOU KNOW, WOULD LIKE TO TABLE IT, MEET WITH PLANNING STAFF, SEE IF WE CAN COME TO A, UM, UM, OH, I BIPARTISAN AGREEMENT , UH, TO, TO ADDRESS THESE CONCERNS THAT WE'VE LISTED TONIGHT. YES. AGAIN, DOESN'T HAVE TO THAT HE DOESN'T HAVE TO, THIS, THIS IS, THIS IS LONG AGO. WHEN I FIRST CAME TO VIN WITTY, UM, YEARS AGO, UM, I SAW, I SAW REZONINGS DONE WITHOUT ANY PLANS AND SOME KIND DO THAT AND THEN IT'S BECOME OVER RESCUE DID PLANS. AND BELLA, YOU UNDERSTAND IT'S A HIGH AREA. YOU GET VERY DETAILED PLANS AT LEVEL, WHAT I'M GETTING AT IS WHEN YOU DO REZONE, WHEN YOU TAKE THE ACTION TO REZONE, THAT IS THE TIME FOR PROFITS. IF SOMEBODY WANTS, IF GOVERNMENT WANTS PROFITS, AND THAT'S WHAT YOU ENFORCE OVER. AND, UM, WE CERTAINLY CAN TRY, BUT YOU UNDERSTAND I I WIGGLE ROOM YEAH. FOR ALL PARTIES INVOLVED. OKAY. I, I UNDERSTAND THAT. AND, AND, YOU KNOW, I WAS GOING TO BUY A HOUSE ON TURKEY ROAD TOO, SO I'M GLAD TO KNOW WHO BUILT IT. . THANK YOU. BUT THAT, THAT'S, THAT'S, THAT'S, I THINK THAT'S WHAT I WANTED. I NEED TO KNOW, I, I GUESS THE DILEMMA I'M SENSING, UM, IS THAT I THINK THE MAJORITY OF THE COMMISSION AND, AND THE STAFF FEEL LIKE, UH, HAVING A SUBDIVISION IN THIS AREA IS A GOOD THING FOR THE COUNTY. MM-HMM . AND I THINK THAT WHAT WE WANT TO DO IS TO MAKE SURE THAT WE CAN DIRECT IT INTO BEING WHAT WE WOULD LIKE TO SEE IT BE. AND I THINK RIGHT NOW, THE TURNING LANE THING, I, I, AS MUCH AS I WOULD LIKE TO VOTE FOR APPROVAL OF THE REZONING AT THIS POINT, I DON'T KNOW THAT WE'VE GOT ENOUGH INFORMATION TO LOCK OURSELVES INTO THE EXISTING PROFITS THAT WE HAD. AND I WOULD LIKE TO SEE THE APPLICANT AND THE PLANNING STAFF MEET, OR WHOEVER THE APPROPRIATE PEOPLE ARE TO MEET AND FURTHER DEFINE WHAT THOSE PROFITS ARE AND WHAT THEY'RE NOT. UH, AND THEN WE'LL COME BACK IN 30 DAYS OR WHENEVER THE APPROPRIATE TIME IS TO MY SUGGESTION. AND OF COURSE, YOU'VE GOT THE DEVELOPMENT HERE THIS EVENING, IS JUST TO MAKE SURE, BECAUSE IT'S HIS PROPER MM-HMM. TO MAKE SURE IF HE NEEDS ANY MORE DETAILS OF KIND OF WHAT Y'ALL BEEN TALKING ABOUT, TO WHAT HE CAN THINK ABOUT, WHAT HE CAN AND CAN'T DO TO GIVE HIM GUIDANCE OF WHAT YOU MIGHT WANNA SEE A LITTLE BIT MORE FROM THE PROPERTY. IF HE'S GOT ANY QUESTIONS. IT, IT SEEMS TO ME THAT [01:10:01] WE, UM, THE TURNING LANES AND, UH, PEDESTRIAN ACCESS TO ROUTE ONE AT LEAST WOULD BE TWO THAT WOULD MAKE THIS, UH, REQUEST A LOT MORE ACCEPTABLE. AND, UM, IF, IF THERE'S A WAY TO CREATE, YOU MENTIONED A COUPLE OPTIONS ON HOW TO GET IN AND GET OUT, UH, ONE OF THE BOULEVARD THING OR SOMETHING. I, AND I DON'T EVEN KNOW WHAT THAT IS. UM, IT, IT, IT CAN THAT BE FURTHER DEFINED ABOUT, YOU KNOW, WHAT YOU WOULD SEE. UH, CAN I COME BACK TO THAT? YES, SIR. PLEASE. SO, SO I WANNA SAY A COUPLE THINGS. I DON'T KNOW NECESSARILY, I, I UNDERSTAND WHAT YOU'RE ASKING AS FAR AS PEDESTRIAN TRAFFIC TO ROUTE ONE. I DON'T KNOW THAT I'M GONNA BE ABLE TO MEET THAT REQUEST. UM, THE OTHER, THE OTHER THING IS THOUGH THAT I DO, I, I THINK WHERE I WAS GOING IN ALL OF IT IS, I CAN DO SOIL STUDY, I CAN DO A LOT OF THINGS. I COULD DO ENGINEERING, I COULD DO THE, UM, STORM WATER MANAGEMENT. I COULD, I COULD DO ALL OF THAT, YOU KNOW. BUT IN AN EFFORT TO DO ALL OF THAT, JUST BEING VERY CANDID, SEVERAL HUNDRED THOUSAND DOLLARS TO DO THAT WORK, NOT KNOWING IF IT CAN BE REZONED. I FEEL LIKE THIS. AND YES, THE PROFFERS, I UNDERSTAND WHAT THEY ARE. THEY'RE VERY SIMILAR TO WHAT WAS DONE AT TURKEY RUN. UM, I THINK WE ALL AGREED AT THAT NEIGHBORHOOD, THE HOMES, EVERYTHING. WE, WE DID WELL WITH IT. I FEEL LIKE THE COUNTY'S PROUD OF IT, SO WE HAD TO SUBMIT PROFFERS TO FOLLOW THIS PROCESS. BUT THIS IS FOR REZONING, NOT FOR THE SUBDIVISION. 'CAUSE I KNOW THAT I'M GONNA BE STANDING HERE AGAIN WITH THAT SUBDIVISION TRYING TO MEET EVERYONE'S REQUEST. I DO UNDERSTAND HIS POINT THAT THESE ARE THE PROFFERS THAT WE'RE AGREEING TO, AND HE CAN'T FORCE ME TO DO ANYTHING ELSE. BUT THE REAL FORCE OF IT'S GONNA COME WHEN I NEED TO GET A SUBDIVISION APPROVED, JUST LIKE TURKEY RUN. THERE WERE AMENDMENTS TO THE PROFFERS AT THE VERY END TO GET IT DONE. SO I WANNA MAKE SURE THAT WE'RE ALL AWARE OF THAT AND WE DID HAVE THAT CONVERSATION. I'M MORE THAN WILLING TO LISTEN TO WHAT YOU GUYS WANT. UM, BUT I DON'T KNOW THAT I CAN ACTUALLY ACCOMMODATE THAT PEDESTRIAN ACCESS TO ROUTE ONE. DOES THAT THAT'S FAIR. MAKE SURE ON THAT ONE. OKAY. IS THAT, UM, IF Y'ALL HAVE YOUR WISHES OF WHAT YOU'D LIKE TO SEE? THE STEP IS THE DEVELOPER TELLS THE STAFF WHAT HE CAN DO, AND THEN I WEIGH IN IS LEGALLY CAN WE EVEN DO IT? AND WE WILL TELL YOU THAT I'M SITTING HERE THIS EVENING AND I DON'T THINK WE CAN REPLY PUTTING SIDEWALKS ALL SITE. SO THAT'S FINE. THAT WAS ONE FOR ME, I THINK THE WAY, NO, WELL, NO. I MEAN, THAT'S DON'T, YOU DON'T KNOW UNLESS YOU ASK, UNLESS YOU BRING IT UP. SO WHAT'S YOUR PLEASURE? ANY OTHER COMMENTS OR QUESTIONS FOR THE APPLICANT? OH, MY, MY HOUSE. HAVE SOMEBODY IN THE AUDIENCE THAT WANTS TO YEAH, YOU GOTTA OPEN A PUBLIC HEARING, RIGHT? YEAH, WE GOTTA DO THAT NEXT TIME. CAN WE, CAN WE COME BACK TO HIM AFTER THE PUBLIC HEARING? YEAH. OKAY. THANK YOU. THANK YOU VERY MUCH. IS NOW TIME TO, UH, OPEN THE FLOOR FOR, FOR THE PUBLIC HEARING OF THIS CASE? UM, WE'LL OPEN THE PUBLIC HEARING. IS ANYONE SIGNED UP? MR. NO, MR. CHAIR THERE IS NOT. OKAY. PUBLIC HEARING'S CLOSED. OKAY. GOOD PUBLIC HEARING. UM, GENTLEMEN, WHAT'S YOUR PLEASURE? I, AGAIN, MS. CHAIR, I, I, I JUST WANTED TO FOLLOW UP AND THAT, BUT I, I'M BEING REPETITIVE, BUT RELATED TO THE PRELIMINARY PLAT FOR SUBDIVISION, THAT'S MORE OF THE ACTUAL CONSTRUCTION STANDARDS THAT WE REQUIRE IN THE SUBDIVISION ORDINANCE, CONSTRUCTION STANDARDS THAT MAY BE IN THE FIRE CODE CONSTRUCTION STANDARDS THAT MAY BE, UM, VDOT DESIGN AND CONSTRUCTION STANDARDS FOR SECONDARY ROADS FOR THE, FOR THE ROADS WITHIN THE SUBDIVISION, AS THE APPLICANT INDICATED, UM, STORMWATER MANAGEMENT, UM, WE WOULD BE LOOKING AT THOSE ITEMS. NOW, ITEMS THAT WE WOULDN'T BE ABLE TO LOOK AT AS PART OF A PRELIMINARY PLAT AS MR. DURY INDICATED IT WOULD BE AMENITIES. UM, AGAIN, UH, SOME TYPE OF AMENITIES, SOME TYPE OF STREETLIGHTS, SIDEWALKS, UH, [01:15:01] RECREATIONAL AREAS, THOSE, THOSE TYPES OF, THOSE TYPES OF THINGS. THOSE AREN'T, UM, DESIGN STANDARDS, YOU KNOW, THAT ARE WITHIN THE SUBDIVISION ORDINANCE, OR WE DON'T HAVE ANY OF THOSE STANDARDS CURRENTLY IN OUR SUB OR DIVISION ORDINANCE, UM, THAT WE COULD REQUIRE AS PART SUBMIT ALL OF THE PRELIMINARY PLAT. SO THAT'S JUST THE, I'M, I KNOW I'M BEING REPETITIVE, BUT TO FOLLOW UP ON WHAT MS. JURY SAID, UM, IF THOSE AREN'T IN THE PROFFERS AND THOSE AREN'T, YOU KNOW, SUBMITTED BY THE APPLICANT, UM, THEN, YOU KNOW, THOSE CAN'T BE ENFORCED BY THE COUNTY OR ASKED FOR BY THE COUNTY AS PART OF THE SUBDIVISION. SO WE, SO WE CAN EXPECT THAT VO WILL HAVE A FINAL SAY ON WHAT KIND OF ENTRANCE AND EXIT IS INTO THE SUBDIVISION. IS THAT CORRECT? YES. UM, RELATED TO THEIR DESIGN STANDARDS THAT THEY HAVE FOR SECONDARY ROAD, WHAT SUBDIVISION STREETS, WHICH IS NOT, NOT VERY STRICT, WHICH IS, WHICH IS BARE MINIMUM, BUT THEN THE STANDARD THAT THE COUNTY HAS ON THE BOOKS, WE CAN EXPECT THAT ALL THOSE WILL BE FOLLOWED, UM, WITHIN THE BOUNDARIES OF THE SUBDIVISION ORDINANCE. WITH, WITHIN THE BOUNDARY OF SUBDIVISION OR, RIGHT. OKAY. SO WHERE, WHERE DOES THE, UM, WHERE THEN DOES THE, UM, MODIFIED TURN LANE COME INTO PLACE? A AS I INDICATED, UH, AS AN EXAMPLE WITH THE APARTMENTS PROJECT, WE DID INCLUDE THAT IN THE PROFFERS. UM, BECAUSE AGAIN, IF, UM, IF THEY DO THEIR WARRANT STUDIES AND TURN LANES AREN'T WARRANTED, THEN VDOT CAN'T REQUIRE THOSE UNLESS THEY'RE WARRANTED AS THE WARRANTS THERE REQUIRING THAT TURN LANE. SO IF IT'S NOT ADDRESSED IN THE PROFFERS AND IT'S NOT, YOU KNOW, THERE'S NOT A REQUIREMENT FOR THOSE BASED ON THE NUMBER OF TRIPS, THAT TYPE OF THING FOR THE SUBDIVISION AND THE, THE ROAD CLASSIFICATION, THOSE KIND OF THINGS, THEN WE CAN'T REQUIRE IT UNLESS THERE'S SOME, SOME TYPE OF VERBIAGE IN THE CONDITIONS IN THE PROFFERS THAT DISCUSS TURN LANES. OKAY. BUT AGAIN, UM, WELL SEE THIS, THIS, THIS IS, THIS IS WHERE I'M GETTING STUCK BECAUSE, YOU KNOW, I'M, I'M JUST GONNA BE HONEST. I LIVE IN A SUBDIVISION THAT HAS AN ACCESS ROAD TO A FEEDER, AND I SAY A FEEDER, WE GO OUT INTO ANOTHER ROAD TO GET TO THE MAIN ROAD ON NASH ROAD DRIVING UP AND DOWN NASH ROAD. I KNOW IT'S THE, I KNOW THE ODDS ARE PROBABLY MUCH GREATER THAN I'M THINKING UNTIL YOU ARE THAT ONE, YOU'RE THAT ONE FAMILY WHO, WHO MOTHER HAS JUST PICKED UP HER CHILDREN FROM SCHOOL OR FROM DAYCARE AND IS COMING UP NASH ROAD AND NEEDS TO TURN INTO HER PROPERTY, INTO THE PROPERTY TO GET TO HER HOUSE, TO ONCOMING TRAFFIC. SHE HAS TO STOP. GUY COMING BEHIND MAY NOT SEE IT, AND IN THE BACK HE GOT DAMAGE DONE MAY LOSE A KID OR TWO. I MEAN, I KNOW THESE ARE, I KNOW I'M WAY OUT ON THAT, BUT THE IDEA OF THE POSSIBILITY OF LOSING A LIFE WHEN A MODIFIED TURN LANE, EVEN IF IT'S JUST A SHORT TURN LANE, WOULD'VE GIVEN TRAFFIC OPPORTUNITY TO GO AROUND AND NOT CREATE A WRECK. THAT TO ME, THAT'S JUST, I DON'T, I DON'T THINK THAT'S ASKING TOO MUCH. YOU'RE PUTTING IN A HIGH CLASS SUBDIVISION, AND I MEAN, I AM AM I CORRECT IN HEARING, UH, YOU SAY MR. DREWRY, THAT IF THE PROPERTY ITSELF WOULD ACCOMMODATE THE MODIFIED TURNING OPPORTUNITIES, THEN THAT'S DEFENSIBLE FROM FAR STATE CODE IT GOES. IN OTHER WORDS, IF RATHER THAN, THAN TAKING MORE OF THE STATE ROAD FOR THE RIGHT LEFT HAND TURN, IF THE PRO, IF THE, IF THE PROPERTY ITSELF COULD ACCOMMODATE THOSE WIDER TURNING LANES ITSELF, IT ALLOWS US, [01:20:01] UM, AS I SAID, AND THIS VIRGINIA CODE HAS KIND OF CHANGED, GOTTEN MORE, IT MORE RESTRICTIVE ON LOCAL GOVERNMENTS. BUT, BUT YES, BUT AGAIN, REMEMBER THAT THESE ARE VOLUNTARY PROFITS. Y'ALL CAN SUGGEST WHAT YOU WANT. BUT YES, UHHUH, I WOULDN'T STRIKE THAT OUT IN A PRO IF THE DEVELOPER SUBMITTED IT UHHUH IF IT WAS OFFSITE, I WOULD PROBABLY HAVE TO, YOU UNDERSTAND ME, SAY, OKAY, I CAN'T, WE CAN'T SIGN OFF ON THIS OFFSITE, MEANING UTILIZE THE EXISTING RIGHT OF WAY NASH ROAD, UH, OFFSITE OFF HIS PROPERTY, OFF THE DEVELOPER'S PROPERTY IN OTHER, IT'S, IT'S WHAT YOU JUST FIRST SAID. OKAY. I, IF, IF, IF THE, THE SQUARE FEET NEEDED FOR THE TURNING LANE CAME FROM HIS PROPERTY, THAT'S FINE, THEN THAT WOULD BE OKAY. IT WOULD BE OKAY IF HE VOLUNTARY PROCESSED, RIGHT? YEAH. AND HE COULD ALSO, AS LONG AS IT MEETS V DDOS DESIGN STANDARDS AND OR, OR THEIR APPROVAL, FINAL APPROVAL FOR THE DESIGN, HE, AS YOU SAID, HE COULD DO WORK WITHIN THE RIGHT OF WAY AS WELL, UHHUH ON NASH ROAD? I WOULD. OKAY. I WOULD ASSUME THEN WE WOULD, UM, HOW DO YOU FEEL A A ABOUT THAT BEING INCLUDED WHERE, UH, ATTENTION WILL BE GIVEN TO A MODIFIED ENTRANCE THAT WILL ADDRESS OUR CONCERNS ABOUT TURNING LANES? SO I THINK WE'RE, FROM, FROM WHERE WE'RE SITTING, WE'RE ALREADY ACKNOWLEDGING WHEN WE'RE TALKING ABOUT A GRAND ENTRANCE OR A BOULEVARD ENTRANCE, WE ALREADY ARE REALIZING WE'RE GOING TO END UP PROBABLY HAVING TO USE SOME OF OUR ROAD FRONTAGE TO HOWEVER WIDEN THAT ROAD TO MAKE THAT TRANSITION. I, I AGREE WITH THE COMMENT THAT WAS MADE OVER HERE. WE JUST DON'T HAVE ENOUGH OF THIS STUDY DONE YET. AND I MEAN, I THINK IT'S, IT IS, SOMEBODY SAID IT'S THE CHICKEN OR THE EGG. YOU KNOW, I DON'T WANT TO SPEND $200,000 UNTIL I KNOW THAT I CAN GET REZONED. AND THEN AT THAT POINT, I WANT TO MAKE IT THE BEST THAT IT CAN BE. BUT I ALSO UNDERSTAND WHAT HE'S SAYING, THAT HE CAN'T FORCE ME TO DO IT IF IT'S NOT IN HIS PROFFERS. YOU KNOW, MAY I JUST SUGGEST, UM, THIS, THIS IS PROBABLY A CONVERSATION Y'ALL TELL WHAT YOU'LL WISHES A FOR, AND THE DEVELOPER COMES BACK AND, AND, AND BRINGS MODIFIED PROFITS, WHAT HE WILL VOLUNTARILY PROFFER BACK TO PLANNING AND THEN IT COMES BACK TO YOU. I JUST, JUST A REMINDER THAT I UNDERSTAND, BUT AGAIN, I JUST, I HEARD CONVERSATIONS WHERE AS IF WE COULD FORCE THE DEVELOPER TO DO SOMETHING LATER, WE CANNOT, WHAT'S IN THESE PROPHETS TONIGHT IS WHAT'S THERE. THAT'S IT. AND THEN AS MARK SAYS, IT'S JUST, I DON'T CALL 'EM MINOR, BUT IT'S JUST MORE MAPPING. YOU UNDERSTAND ME ON THE PLAN. SO, AND I'M GOING TAKE YOU BACK TO THE PAMAN COMPLEX, AND I UNDERSTAND WHERE THE DEVELOPER IS ON THIS, AND THIS IS THE DIFFERENCE. WE HAD VERY, VERY DETAILED THAT HUNDREDS OF THOUSANDS OF DOLLARS WAS SPENT BY THE DEVELOPER. HE DID GO OUT, LIAM, AND I'M NOT TELLING THIS DEVELOPER TO DO THAT, BUT I JUST WANTED TO REMIND Y'ALL THAT WE HAD AMAZINGLY AMOUNT OF DETAIL THAT I COULD ENFORCE IN THE PROPHETS RIGHT DOWN TO THE SIZE OF THE POOL. UM, IF Y'ALL REMEMBER THAT, IT WAS VERY, VERY DETAILED. AND I'M NOT TELLING Y'ALL HOW TO DO IT. I JUST WANTED TO MAKE SURE THAT I HAD PORTRAYED THAT TO Y'ALL. IF YOU UNDERSTAND THAT, UH, YOU DON'T HAVE THAT. SO, BUT AGAIN, MY SUGGESTION WOULD BE TO BE CLEAR TO THE DEVELOPER WHAT Y'ALL WOULD LIKE TO SEE, AND THEN HE CAN DECIDE WHAT HE MAY OR MAY NOT. YOU UNDERSTAND ME MODIFY AND THE, AND THE PROFITS. SO WHAT, WHAT I'M HEARING IS THAT WE BOTH THE DEVELOPING THE COMMISSION, UH, DESIRE TO OPERATE IN GOOD FAITH AND TO MAKE THIS AS THE BEST PRODUCT WE CAN MAKE IT, UH, GIVEN THE FACT THAT WE DON'T HAVE THE INFORMATION THAT WE WANT. IT APPEARS TO ME THAT WE NEED TO TABLE THIS UNTIL AFTER THE DEVELOPER AND THE PLANNING DEPARTMENT MEET AGAIN TO DISCUSS MORE DETAILS AND TO REFINE THOSE VOLUNTEER PROS IF NEEDED. THAT'S CORRECT. THAT WOULD BE MY SUGGESTION. I MEAN, THE STAFF HAS HEARD WHAT OUR CONCERNS ARE. YOU'VE HEARD WHAT, AND, AND I DON'T BLAME YOU, I WOULDN'T WANT TO SPEND THAT KIND OF MONEY NOT KNOWING, BUT I HAVE TO BELIEVE IN GOOD FAITH THAT WE ARE VERY DESIROUS OF YOU HAVING THIS SUBDIVISION IN THIS LOCATION FOR THE BENEFIT OF THE COUNTY. AND I HOPEFULLY FOR YOURSELF TOO, FOR THAT MATTER. BUT IF WE HAD MORE INFORMATION [01:25:01] SURE. AND THAT COULD BE LANGUAGE IN A PROFFER IN WHICH IT INSTEAD STATES IF, IF WHEN X, Y, Z STUDY IS DONE MM-HMM . YOU UNDERSTAND ME. OKAY. AND IT GIVES THE DEVELOPER AN OUT IF, IF CAN, DOES ANYONE WANT TO ENTERTAIN A MOTION TO, UH, ALL, ANYBODY WOULD MAKE A MOTION TO THE FACT THAT, UH, WE WOULD ENCOURAGE THE APPLICANT AND PLANNING STAFF TO MEET, UH, AND TO FURTHER DEFINE OR REFINE THE, UH, INFORMATION THAT'S AVAILABLE. UM, AND WITH THE GOAL OF HAVING IT DONE BEFORE THE NEXT MEETING? YEAH. BEFORE YOU, BEFORE WE, BEFORE WE DO THAT, UM, MR. DREWRY, ON THE PROFFERS, THERE'S A STATEMENT THAT SAYS, IF THIS REZONING IS NOT GRANTED, THEN THESE PROPHETS ARE NULL AND VOID. IS THAT CORRECT? YES. THAT'S, THAT'S THAT'S CLASSIC STATEMENT ON THAT. YES. OKAY. SO THEN THAT WOULD HOLD TRUE. IF THERE WAS A DISCUSSION ABOUT THE TURNING LANE, LOOKING AT A MODIFIED TURNING LANE, THAT WOULD HOLD SAME, IF THAT WAS A PROFFER, THAT WOULD STILL FALL UNDER THE SAME STATEMENT THAT IF THE REZONING IS NOT GRANTED, THEN THE PROFFERS NULL AND VOID. IS THAT RIGHT? YEAH. WHAT THAT WHAT THAT MEANING IS THAT YOUR DEVELOPER AND YOUR LANDOWNER SIGNS THIS LEGAL AGREEMENT THAT IS NOT VALID UNLESS HE GETS FINAL APPROVAL FROM THE BOARD. IF HE DOESN'T GET FINAL APPROVAL FROM THE BOARD, THIS DOCUMENT GOES AWAY. OKAY. OKAY. BUT I'M HEARING THE REVERSE TONIGHT. IN OTHER WORDS, BASICALLY THE DEVELOPER WANTS TO GET THE REZONING BEFORE THE PROPHETS, AND THAT'S JUST NOT LEGALLY HOW IT WORKS HERE. SO IT DEPENDS ON HOW MUCH DETAIL Y'ALL WANT. INPRO, I WOULD, I WOULD ENCOURAGE THE APPLICANT AND THE STAFF TO, TO MEET AND FURTHER DISCUSS, UH, AND BRING IT BACK TO THE PLANNING COMMISSION. IS THERE, WOULD ANYBODY LIKE TO MAKE THAT MOTION OR, OR A MOTION OF YOUR CHOICE? SO MOVED WITH THAT MOTION. MOTION BEEN MADE? I SECOND THAT. IT'D BE BASICALLY WE ARE TABLING IT, IS THAT CORRECT? TABLING THE APPLICANT'S REQUEST. AND SECOND, YES, MOTION IS MADE. AND SECOND, MR. UH, GURLEY, WAS THERE A TIME LIMIT ON THAT? I DIDN'T CATCH A TIME LIMIT. WAS IT FOR THE NEXT MEETING OR 30 DAYS OR, I, I DIDN'T OR WAS THERE NO TIME LIMIT? WELL, I, I GUESS IT WOULD BE HOPEFULLY IN 30 DAYS, BUT WE HAVE WHAT, A HUNDRED DAYS? YES. OKAY. YEAH. OKAY. LET'S PROBABLY GET IT DOWN WITHIN 30. SO WE'LL HOLD THIS GUY OUT PLEASE. MOTIONS MADE SECOND, UH, TO BE DONE WITHIN, UH, PREFERABLY WITHIN 30 DAY, OBVIOUSLY NO LONGER THAN A HUNDRED. THANK YOU, MR. CHAIR. MR. TUCKER? YES. MR. CUNNINGHAM? YES. MR. HARVILLE? YES. MR. SIMMONS? YES. AND DR. PROSY? YES. FIVE MEMBER PRESIDENT VOTING AYE. P DASH 23 DASH FOUR HAS BEEN TABLED, UH, UNTIL THE APPLICANT MEETS WITH STAFF. OKAY. THANK YOU VERY MUCH MR. J I'M TALKING TOO MUCH TONIGHT, BUT I JUST WANTED TO ADD ONE MORE THING AND I WON'T GET INTO TOO MUCH DETAIL OF IT. THE VIRGINIA GENERAL ASSEMBLY PASSED A NEW CODE SECTION THAT THEY SAID MAKES IT CLEARER, BUT IT DOES NOT ABOUT, UH, NOTICE 15 POINT. ANYWAY, I WON'T GET INTO TOO MUCH OF THE DETAIL, BUT IT IS VERY LIKELY WE'LL HAVE TO, THEY'VE MUDDIED THE WATERS UP. IT USED TO BE YOU COULD HOW HOLD A PUBLIC HEARING AND THEN TABLE IT AND MOVE TO THE NEXT MONTH. IT DOESN'T CHANGE WHAT Y'ALL HAVE DONE. JUST LETTING Y'ALL KNOW. WE PROBABLY, I'VE GOT TO REMEDY THAT BECOMES JULY ONE. A NEW CODE SECTION COMES TO THE BAND THAT MAY MAKE US HAVE RE HOLD ANOTHER PUBLIC HEARING IN AUGUST, JULY. THAT'S FINE. JULY. JULY. EXCUSE ME. SO I JUST LET Y'ALL KNOW IT'S, IT'S ON MY MIND 'CAUSE IT'S A LITTLE BIT OF A PAIN. YEAH. AND BURDEN FALLS ON STAFF. YES. . YEAH. ACKNOWLEDGED. I GOTCHA. ANY OTHER COMMENTS, QUESTIONS? NO. ALRIGHT. UH, NEXT ITEM ON THE AGENDA IS OLD BUSINESS AND ABOUT HAVING OLD BUSINESS. HEARING NONE. IS THERE ANY NEW BUSINESS TO BE DISCUSSED AT THIS TIME? HEARING [10. COMMISSIONERS' COMMENTS] NONE. NEXT ON THE AGENDA IS PLANNING. COMMISSIONER COMMENTS. ANYBODY HAVE A COMMENT FOR THE GOOD OF THE CAUSE? AND LET ME THANK THE DEVELOPER FOR WORKING WITH US ON THIS. YEAH. THANK YOU VERY MUCH FOR WORKING WITH US ON THIS. OKAY. THANK YOU. AND WE'RE, WE'RE EXCITED ABOUT [01:30:01] WHAT YOU DO, THIS OPPORTUNITY. UH, I THINK IT'D BE GOOD FOR THE COUNTY AND I APPRECIATE IT, YOU KNOW, AND I'M, I'M SITTING HERE NOW AND I UNDERSTAND WHERE EVERYBODY'S AT AND WHAT'S GOING. WE'RE GOING TO BE UNDER TIME CONSTRAINTS FROM OUR LANDOWNER AND OUR PURCHASE AGREEMENT THAT THIS DECISION HERE BEING TABLED TO GET TO THE NEXT MEETING AND GET THROUGH MAY HAVE JUST TAKEN ME OUT OF THE, THE, THE SITUATION OF, OF MY CONTRACT. MM-HMM . SO I JUST WANT TO LEAVE THIS MEETING UNDERSTANDING THAT IT MAY HAVE JUST KILLED IT FOR ME. MM-HMM . UM, I'LL GO TO WORKING ON THAT TOMORROW THEN. OKAY. I HOPE YOU WILL BE IN TOUCH WITH, UH, MR. BASSETT TO, UH, LEMME, LEMME ASK A QUE HOLD ON. UH, WHEN WOULD THE CASE BE HEARD? WHEN WOULD THIS CASE BE HEARD? THIS MONTH OR NEXT MONTH? NEXT MONTH. IT, IT WOULD BE AT YOUR JULY MEETING. JULY 12TH MEETING? NO, NO. BOARD OF SUPERVISORS. OH, THEY WON'T HEAR IT. IF, IF WE, IF WE HAD DONE IT TONIGHT. WHEN, WHEN WOULD THEY HEAR IT? JULY. JULY. THEIR JULY MEETING. AT THEIR JULY MEETING. CORRECT. SO OUR MEETING COMES BEFORE THEIRS. CAN YOU, CAN, IS THERE A WAY TO FAST TRACK IT? UM, WE WOULD HAVE TO TALK TO THE, THE BOARD CHAIR AND SEE IF HE WAS OPEN TO DOUBLE ADVERTISING. WE DID THAT WITH THE, UH, APPLICANT OVER ON FOUR 60, DIDN'T WE? WE HAVE DONE THAT BEFORE. YEAH. THE BOARD CHAIR HAS AGREED TO DO THAT IN SOME CASES. AND THAT THEN THAT WOULD NOT TAKE HIM, THAT WOULD NOT PUT HIS CONTRACT IN JEOPARDY. THAT, THAT'S, THAT'S WHAT I'M LOOKING AT. I UNDERSTAND. I MEAN, I, WE WANT TO, WE WANT TO WORK TOGETHER, BUT I, I CAN UNDERSTAND WHERE HE IS COMING FROM BECAUSE IF WE DON'T MEET, IF WE DON'T, IF WE SEE HIM IN JULY AND IT DOESN'T GO BEFORE THE BOARD TILL AUGUST, IT MAY MESS UP HIS CONTRACT. I UNDERSTAND. MESS UP HIS CONTRACT. BUT IF IT COULD BE DONE AND FAST TRACK TO THE JULY MEETING, THEN HE'S NOT LOST ANY TIME SAY 30 DAYS. YEAH. ALRIGHT. UM, GOOD. YOU UNDERSTAND WHAT I'M SAYING, SIR? YES. NO, I UNDERSTAND. AND I JUST, I DIDN'T WANT TO LEAVE HERE. I MEAN, I APPRECIATE ALL, ALL THE CONVERSATION AND, AND I UNDERSTAND ALL OF IT. I JUST DIDN'T WANT TO LEAVE HERE THINKING THAT THEY WERE ALL GREAT. 'CAUSE I MAY BE TIED TO SOME OTHER CONSTRAINTS THAT IT MAY TAKE ME OUT OF SURE. WHERE I'M AT. YEAH, THAT'S, THAT'S BUSINESS THOUGH. THAT'S BUSINESS. BUT WE, AGAIN, WE APPRECIATE WHAT, WHAT YOU'RE TRYING TO DO HERE. ANY, UH, ANY COMMENTS [11. PLANNING DIRECTOR'S COMMENTS] FROM THE PLANNING DIRECTOR? I I JUST WANTED TO LET YOU KNOW, UM, THE LOWLY POND, UM, SOLAR PROJECT, THE BOARD DID HEAR THAT AT THEIR, UM, MAY MEETING AND, UM, THEY'RE GONNA BE, UM, THEY TABLED IT AND THEY'RE GONNA BE, UM, CONSIDERING THAT APPLICATION AGAIN NEXT TUESDAY NIGHT, JUST FOR YOUR ALL'S INFORMATION, HOW THAT CASE IS PROGRESSING THROUGH THE, THE BOARD. BUT JUST WANTED TO MAKE YOU AWARE OF THAT. UM, WE DO, BRAD HAS BEEN WORKING ON, UH, ANOTHER CASE AND THAT MAY BE ADVERTISED FOR YOUR JULY MEETING. SO WE MAY HAVE A NEW APPLICATION. UM, I'M SURE YOU ALL REMEMBER THE SHANS FAMILY. MM-HMM . UM, SOME OF THAT, UM, THEY'VE BEEN DOING THAT SHALLOW MINING FOR THE, THE, UH, PEA GRAVEL AND SOME, SOME OF THE SAND. UM, WE'VE APPROVED SOME OF THOSE, UM, MINING OPERATIONS OFF OF TROUBLE FIELD ROAD. UH, THEY'VE BEEN WORKING WITH BRAD. UM, THE PERSON WHO'S DOING THE MINING IS INTERESTED IN, UH, BRING FORTH SOME NEW APPLICATION SO THAT THAT MAY BE ADVERTISED FOR YOUR JULY MEETING. JUST WANTED TO MAKE YOU AWARE OF THAT. I GOT A QUESTION. IF, UH, IF SOMEONE REOPENS THE EUCA MINE DOWN IN, IN SONY CREEK AREA, WILL THAT NEED TO COME BACK BEFORE THE COUNTY? YES. YES. IT'S, IF IT'S NOT PART OF THE ORIGINAL, UH, ONE OF THE CONDITIONAL USE PERMITS THAT WAS APPROVED FOR THE MINING YES. THAT WOULD NEED TO COME BACK, BACK THROUGH AND GO THROUGH THE CONDITIONAL USE PERMIT. OKAY. PROCESS. I WAS CURIOUS ABOUT THAT. YEAH. ALRIGHT. THANK YOU VERY MUCH. UH, IF NO OTHER COMMENTS, DO I HAVE MOTION FOR ADJOURNMENT? NO, MA'AM. THANK YOU FOR YOUR PATIENCE, GENTLEMEN. THANK YOU. WELL GOOD MEETING SIR. ALL IN FAVOR? OH, I'M SORRY. OH, YES. WE ARE ADJOURNED. YES. YES. WE ALL IN FAVOR? YES. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.