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[1. CALL TO ORDER]

[00:00:06]

THIS IS THE PLANNING COMMISSION MEETING.

WE'RE GONNA STAND AND HAVE OUR CALL TO ORDER OUR PLEDGE OF ALLEGIANCE TO THE FLAG.

SO PLEASE ALLEGIANCE TO TONIGHT OF UNITED STATES OF AMERICA AND TO THE REPUBLIC, WHICH WHICH STANDS? ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY, JUSTICE.

ALL.

AMEN.

THANK YOU.

SO WE HAVE THE ROLL CALL, SIR.

MR. SIMMONS? HERE.

MR. TUS? HERE.

MR. LANGLEY? HERE.

MR. TUCKER.

MR. CUNNINGHAM? AYE.

MR. HAYES HERE.

AND MR. HAR? I'M HERE.

SIX MEMBERS ARE PRESENT.

THANK YOU.

[4. APPROVAL OF AGENDA]

COULD WE HAVE APPROVAL OF THE MOTION TO THE AGENDA FOR TONIGHT? IF THERE ARE NO CHANGES, I'LL MAKE A MOTION TO APPROVE THE AGENDA AS PRESENTED.

I'LL SECOND IT.

MR. LANGLEY? YES.

MR. SIMMONS? YES.

MR. CUNNINGHAM? AYE.

MR. TUS AYE.

MR. HAYES? YES.

AND MR. HARWELL? YES.

SIX MEMBERS PRESENT VOTING.

AYE.

I COULD WE

[5. APPROVAL OF MINUTES]

HAVE APPROVAL OF THE MINUTES? PLEASE COME.

THE LAST MEETING I MADE A MOTION TO APPROVE THE, I'LL SECOND.

I'LL SECOND IT.

MR. TUS? AYE.

MR. SIMMONS? YES.

MR. CUNNINGHAM ABSTAIN.

MR. LANGLEY? YES.

MR. HAYES? YES.

AND MR. HARLE? YES.

FIVE MEMBERS PRESENT VOTING.

AYE.

ONE MEMBER.

ABSTAINED.

THANK YOU, SIR.

I'M GONNA OPEN THIS TIME SLOT FOR CITIZEN COMMENTS.

SIR, HAS ANYONE BEEN SIGNED UP? NO.

MR. CHAIR? NO, SIR.

OKAY.

THANK YOU.

I'M GONNA GO AHEAD AND CLOSE THAT AND, UM,

[7. PUBLIC HEARING]

I'M GONNA GO WITH THE PUBLIC HEARING SESSION OF THE MEETING AND LISTEN TO OUR FIRST CASE, MR. BASSETT.

SORRY.

THANK YOU, MR. CHAIR.

GOOD EVENING.

GOOD EVENING, MS. CHAIR.

PLANNING COMMISSIONERS.

UH, THE FIRST CASE THAT WE'RE HOLDING A PUBLIC HEARING FOR THIS EVENING IS P DASH 25 DASH 10.

THE APPLICANTS ARE ANN WITT AND WALTER WITT.

THE REZONING REQUEST, UH, IS FOR, UH, REZONING REQUEST IS TO, UH, REZONE THE, UH, SUBJECT PARCEL, UH, FROM BUSINESS GENERAL B TWO TO RESIDENTIAL LIMITED R ONE.

UH, AS YOU CAN SEE THE SUBJECT PROPERTIES ON SIMMONS AVENUE, UM, AND ALSO HAS FRONTAGE ON FRONT DRIVE AND, UH, WHICH IS, UH, ADJOINS, UH, THE ROUTE ONE RIGHT OF AS WELL.

UM, NEXT SLIDE I'D LIKE TO SHOW YOU CAN SEE THAT, UM, ALL ALONG ROUTE ONE.

UM, MANY YEARS AGO, THE BOARD REZONED THAT PROPERTY ALONG ROUTE ONE, I THINK IN THE, UH, THINKING THAT, UH, THE ROUTE ONE CORRIDOR WOULD DEVELOP COMMERCIALLY OVER TIME.

AND AGAIN, YOU CAN SEE THE SUBJECT PROPERTY, UM, IS JUST ON THE EDGE OF THAT.

UH, B TWO ZONING ON THE SOUTHERN PORTION OF IT, AGAIN, ON SIMMONS AVENUE.

UM, ALL THE SURROUNDING PROPERTIES, UM, PRETTY MUCH WITH THE EXCEPTION OF THE, UH, CONVENIENCE STORE GAS STATION, UH, TO THE NORTHEAST, ARE ALL DEVELOPED, AS YOU CAN SEE WITH STABLE SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ARE ALSO, UH, R ONE RESIDENTIAL LIMITED, UH, WITHIN THE COMPREHENSIVE LAND USE PLAN.

THIS PROPERTY IS ON THE NORTHERN EDGE OF WHAT WE CALL THE SUBURBAN RESIDENTIAL PORTION OF THE NORTHERN DIMITY DEVELOPMENT AREA, WHICH ALLOWS FOR LOW DENSITY RESIDENTIAL USES FOR THIS GENERAL AREA.

THE R ONE ZONING DISTRICT DOES ALLOW FOR LIMITED RESIDENTIAL USES THAT ARE COMPATIBLE WITH THE EXISTING SCALE OF THE RESIDENTIAL DEVELOPMENT IN THIS GENERAL AREA.

UM, WHEN WE TALKED TO THE LAND DEVELOPMENT COMMITTEE ABOUT THE REZONING, UM, REALLY DID NOT HAVE

[00:05:01]

ANY, UH, COMMENTS RELATED TO IT.

UM, STAFF IS RECOMMENDING THIS EVENING, UH, APPROVAL OF THE REZONING REQUEST, GIVEN THAT THE REQUESTED ZONING CLASSIFICATION R ONE RESIDENTIAL LIMITED IS COMPATIBLE WITH THE SURROUNDING ZONING PATTERN AND SURROUNDING LAND USES AND THE EXISTING RESIDENTIAL USE.

THE SINGLE FAMILY DWELLING CONFORMS TO THE UNDERLYING USES RECOMMENDED IN THE SUBURBAN RESIDENTIAL AREA OF THE NORTHERN DENWOODY DEVELOPMENT AREA OF THE COMPREHENSIVE LAND USE PLAN.

THAT'S ALL I HAVE RELATED TO OUR STAFF PRESENTATION THIS EVENING.

BE GLAD TO ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE.

I HAVE ONE, ONE QUESTION.

I GUESS I DIDN'T CATCH IT UNTIL YOU HAD THAT OTHER MAP THERE, THE ONE THAT SHOWED THE ORIGINAL OR PREVIOUS ZONING, BUT AM I READING IT RIGHT? THAT, UH, THAT GO BACK, GO BACK TO WHAT YOU HAD? OKAY.

AM I READING IT THAT THAT 20, THE ONE THAT'S 25 7 1 7 WOULD CONTINUE TO BE BUSINESS THEN? UH, THAT SPLIT ZONED AND, UM, THAT PROPERTY, MY UNDERSTANDING IS, IS GONNA CONTINUE AS A RESIDENTIAL SINGLE FAMILY, BUT IT IS, UM, SPLIT, ZONED.

WELL, WELL, AGAIN, I AM AM I LOOKING AT THE MAP RIGHT? WHEN YOU GO BACK TO THE RED AND YELLOW ONE, ISN'T THAT A RED ONE OR NOT? UH, THERE'S A BIT OF IT.

THAT'S STILL RESIDENTIAL.

A PORTION OF IT? YEAH.

TOP LEFT CORNER OF IT.

IT'S STILL RESIDENTIAL.

OH, THAT, THAT'S WHAT YOU MEANT BY, SO IN OTHER WORDS, WHAT HAPPENED WHEN SOMEBODY JUST DREW A LINE ON THE PAPER, REGARDLESS OF THE, OF THE PROPERTY LINES WHEN THEY DID THAT? IS THAT WHAT YOU'RE SAYING? THAT THAT'S WHAT THEY DID.

OKAY.

OKAY.

YEAH, THEY JUST WENT DOWN THROUGH THERE.

SO BASICALLY IF YOU'RE IN A, IN A, IN A, UM, A LOT LIKE THAT, YOU CAN GO EITHER WAY IS WHAT YOU'RE SAYING.

UM, WELL, UH, TECHNICALLY, UH, A MAJORITY OF THAT, THAT SUBJECT PROPERTY IS ZONED RESIDENTIAL.

AND I BELIEVE, UH, THE HOUSE ITSELF IS WITH ALL WITHIN THE RESIDENTIAL ZONING.

OKAY.

SO I THINK IF THEY WANTED TO DO SOMETHING COMMERCIAL, THEY WOULD HAVE TO ASK TO REZONE.

BUT YEAH, IT JUST, IT JUST, I I THINK YOU ANSWERED MY, MY, REALLY THE INTENT OF MY QUESTION.

AND THAT WAS, UH, ARE YOU, ARE WE LEAVING A BUSINESS ZONED ISLAND OUT THERE AND WE'RE NOT? YEAH.

GOTCHA.

ARE THERE ANY MORE QUESTIONS? NO, THANK YOU MR. BASSETT.

OKAY.

THANK YOU.

IF THE APPLICANT PRESENT, YOU WOULD LIKE TO COME FORWARD ON THIS CASE.

SO I'M OPENING FOR A PUBLIC HEARING ON THIS PARTICULAR CASE.

ARE YOU SAYING THE APPLICANT ISN'T HERE OR THEY JUST DON'T WANT TO SPEAK? UM, I'M NOT SURE IF THE APPLICANT'S HERE.

I DON'T SEE IT.

I DON'T SEE IT.

OKAY.

SO THERE'S NO ONE HERE TO REPLACE THE APPLICANT ON SPEAK FOR THE APPLICANT? I'VE ONLY HAD INTERACTION WITH THEIR REALTOR.

I HAVE NOT, UM, HAD INTERACTION WITH THE APPLICANTS.

OKAY.

THANK YOU.

I AM GOING TO OPEN FOR PUBLIC HEARING IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON THIS CASE.

I'M NOW OPEN PUBLIC HEARING SESSION.

IF THERE'S NO PUBLIC HEARING, NO ONE SIGNED UP.

NO.

MR. CHAIR.

SO WE'RE GONNA CLOSE PUBLIC HEARING AND WE'RE GONNA MOVE FORWARD WITH THE CASE.

COMMISSIONER THIS, WHAT'S YOUR VERDICT? I'LL, I'LL GO AHEAD AND MAKE A MOTION, BUT BEFORE YOU DO THAT, I JUST WANNA SAY, I GUESS WITH I, I'M A LITTLE, I'M A LITTLE CONCERNED THE APPLICANT DIDN'T HEAR, UH, THERE'S ONE, WE HAD A CASE A COUPLE YEARS AGO.

I SWORE IF THAT PERSON EVER CAME BACK.

I WOULD, I MEAN, IN FACT, IF THEY EVER HAD A CASE AGAIN, I WOULD NOT WANT TO HEAR IT UNLESS THEY WERE HERE.

DO YOU REMEMBER, I THINK YOU MIGHT REMEMBER WHAT I'M TALKING ABOUT.

KIND OF, YES, MR. DAVIS DOWN IN MY NECK OF THE WOODS AND I'VE TOLD I'VE TOLD HIM THAT TOO.

UM, SO THAT, THAT I JUST WANNA SAY THAT CONCERNS ME A LITTLE BIT, BUT IN THIS PARTICULAR CASE, I THINK GIVEN THE CIRCUMSTANCES, I'M CERTAINLY FINE WITH THAT.

BUT I, AS A GENERAL RULE, UM, I'D LIKE TO THINK THAT AN APPLICANT WOULD COME AND DEFEND THEMSELVES.

BUT ANYWAY, WELL, I THINK IT'S PRETTY PRESUMPTUOUS THAT HIM TO THINK THAT WE'D JUST CHANGE IT ARBITRARILY, JUST WHETHER

[00:10:01]

THEY WERE HERE OR NOT.

MM-HMM .

YEAH, THAT'S KIND OF WHERE I'M GOING.

YOU SAID IT A LITTLE BIT MORE SUCCINCTLY, BUT YES.

I, I AGREE.

I AGREE WITH YOUR COMMENT.

UH, I MEAN, SO THAT, LOOK, I KIND OF STAND WHERE YOU DO IF YOU CAN'T COME TO YOUR OWN HEARING.

I MEAN, DO YOU REALLY WANT IT? DO YOU REALLY NEED IT? UH, I MEAN, I DON'T CARE LESS IF WE MOVED ON AND DIDN'T DO ANYTHING.

WE'VE HAD THE PUBLIC HEARING.

I DON'T KNOW WHAT WE CAN DO IF WE HAVE TO VOTE ON IT OR WE CAN JUST SAY, WELL, UNTIL THEY SHOW UP, WE WON'T VOTE ON IT.

I IF, IF YOU ACTUALLY WANTED TO DO THAT, I WOULD MAKE A MOTION TO TABLE IT TAPE.

I DON'T HAVE A PROBLEM WITH THAT.

YEAH, I, LIKE I SAID, THERE'S ONE IN PARTICULAR THAT, THAT I SWORE I WOULD IF I WAS HERE, THAT'S WHAT I WAS GONNA DO.

BUT WELL, I MEAN, I LOOK, I'LL MAKE THE MOTION IF YOU ARE WILLING TO GO WITH IT.

I'LL MAKE A MOTION BEFORE YOU MAKE A MOTION.

I JUST, NOT IN THEIR DEFENSE, BUT THEY HAVE BEEN WORKING WITH A REALTOR AND THE REALTOR, UM, HELPED THEM THROUGH THE APPLICATION PROCESS AND MAYBE THEY DID NOT UNDERSTAND THAT THEY HAD TO BE HERE OR MAYBE THERE WAS CONFUSION THAT THE REALTOR WAS GONNA BE HERE AND, BUT JUST WANTED TO SHARE THAT WITH YOU ALL.

THAT'S ALL.

I, I DON'T THINK IT WAS INTENTIONAL.

DID REALTOR HERE? I DON'T THINK IT WAS INTENTIONAL ON THEIR PART.

UM, IN, IN THIS CASE I'M GOOD EITHER WAY REALLY, BUT I, 'CAUSE I'VE GIVEN THE NATURE OF IT.

I THINK IF THEY WERE TRYING TO GO THE OTHER WAY AROUND, YOU KNOW, FROM YEAH.

RESIDENTIAL TO BUSINESS, THAT I WOULD SAY DEFINITELY WANT TO TALK TO THEM.

WELL, I'M ASSUMING THEY WANT TO DO THIS 'CAUSE THEY WANT TO PUT EYES ON OR THE REALTOR WANTS TO PUT EYES ON IT.

WELL, THE H THE HOUSE IS ALREADY THERE, THE EXISTING RESIDENCE, THEY JUST WANT TO CONTINUE THE EXISTING RESIDENCE THAT'S THERE.

UM, SO WE'D MAKE THEM, WE'D MAKE THEM KNOCK IT DOWN.

, IF THEY, I MEAN, IF WE DID NOTHING TODAY, WOULD THE HOUSE GETTING STAY THERE? OR YOU YES.

OH YES.

YES.

IT WOULD MAKE THE HOUSE CONFORMING.

RIGHT NOW IT'S NON-CONFORMING BECAUSE THE PROPERTY'S OWNED RESIDENTIAL WHEN THE COUNTY RESIDES.

I KNOW WHY THEY, I KNOW WHY IT HAPPENED.

I UNDERSTAND THAT.

I'M JUST, I'M JUST BEFUDDLED WHY THEY WOULD GO THROUGH THIS PROCESS IF THEY COULD KEEP THE HOUSE THERE ANYWAY.

YEAH, I THEY'VE TRIED TO MARKET THE PROPERTY FOR COMMERCIAL USE AND OVER, I KNOW AT LEAST THE LAST COUPLE YEARS WITH NO SUCCESS.

UM, SO I THINK WHEN THEY'VE HAD PEOPLE LOOK AT IT FOR RESIDENTIAL USE, UM, THE FACT THAT THE CURRENT HOUSE THAT'S THERE IS CONSIDERED NONCONFORMING BECAUSE OF THE ZONING OF THE PROPERTY.

I THINK THAT'S BEEN CONCERNING TO POTENTIAL BUYERS.

THAT'S MY UNDERSTANDING FROM THE REALTOR.

UM, SO THAT'S WHY THEY'RE REQUESTING TO REZONE IT TO R ONE.

SO THAT THE HOUSE, YOU MEAN FOR RESIDENTIAL IMPROVEMENTS, EITHER ADD TO THE HOUSE OR SOMETHING THAT RIGHT.

THEY CANNOT ADD TO THE HOUSE SINCE IT'S NONCONFORMING UNDER THE CURRENT ZONING.

RIGHT.

IS THAT WHAT THEY TOLD YOU OR ARE YOU JUST TAKING A GUESS? UM, I DO KNOW THEY'VE TOLD ME THEY'VE, PEOPLE HAVE BEEN CONCERNED THAT IT'S OWN COMMERCIAL.

WELL, YOU KNOW, THAT'S WHY MAYBE SOMEBODY OUGHT TO BE SITTING IN THAT AUDIENCE THAT'S A REPRESENTATIVE.

WHETHER IT'S THE REALTOR OR WHETHER IT'S THEM TO SAY, HEY, I WANT TO DO THIS BECAUSE MAYBE THE PERSON THAT BUYS IT WANTS TO ADD ONTO IT AND THEY CAN'T DO THAT IN THIS NON-CONFORMING SITUATION.

AGAIN, I CANNOT UNDERSTAND WHY A PERSON WOULDN'T TAKE ENOUGH TIME.

15 MINUTES TO ZIP IN HERE.

TELL US THEIR STORY.

LET US VOTE ON IT AND ZIP BACK.

I I MAKE A MOTION TO TABLE THIS UNTIL SOMEBODY OR A REPRESENTATIVE SHOWS UP AT THE MEETING.

I'LL SECOND.

MR. SIMMONS? YES.

MR. CUNNINGHAM? AYE.

MR. LANGLEY? YES.

MR. TUSS? AYE.

MR. HAYES? YES.

AND MR. HARWELL? AYE.

SIX MEMBERS PRESENT.

VOTING IP DASH 25 DASH HAS BEEN TABLED UNTIL THE NEXT PLANNING COMMISSION.

REGULAR MEETING.

THANK YOU, SIR.

MR. BASSETT, CAN WE MOVE ON TO THE NEXT CASE PLEASE? UM, THE NEXT PUBLIC HEARING, THIS IS FOR CASE P DASH 25 DASH 11.

UH, IT'S BOSTIC REAL ESTATE PROPERTIES LLC

[00:15:01]

AND THEIR AGENT RONALD H. GORDON JR.

IT'S HERE TO REPRESENT THE APPLICATION THIS EVENING.

UM, THE REZONING REQUEST IS TO REZONE THE SUBJECT TWO LOTS FROM RESIDENTIAL R ONE TO RESIDENTIAL URBAN.

UH, YOU CAN SEE THE PROPERTY IS LOCATED ON, UH, NOTTAWAY AVENUE.

THANK YOU.

UH, AGAIN, I'M SORRY, I MISSPOKE.

THE PROPERTY IS CURRENTLY ZONED B TWO BUSINESS GENERAL AND THEY'RE REQUESTING TO REZONE THE PROPERTY TO RESIDENTIAL URBAN RU UH, YOU CAN SEE, UH, THE SURROUNDING PROPERTIES, UH, ARE ZONED, UH, B TWO BUSINESS GENERAL.

UH, THERE ARE PROPERTIES ACROSS THE STREET FROM THE DWELLING, UM, THAT HOUSES ANOTHER DWELLING.

UM, DIRECTLY TO THE EAST OF THE SUBJECT PROPERTY IS, UH, VACANT PROPERTY, BUT YOU CAN SEE ALONG ROUTE ONE.

UM, THERE IS A VACANT, UH, COMMERCIAL USE, UH, THAT HAS BEEN THERE FOR A NUMBER OF YEARS.

AGAIN, FRONTING ON DIRECTLY ON, ON ROUTE ONE.

OKAY.

CAN YOU, WELL, CAN YOU JUST IDENTIFY THE HOUSE NUMBER ON HERE? 'CAUSE I DON'T SEE THE HOUSE NUMBER ON THIS MAP.

YEAH, SEE, SO IT'S, I I WELL, YEAH, SO, BUT I DON'T KNOW WHERE NOT AWAY IN BRUNSWICK ARE ON THE OTHER LOT.

ON THE OTHER MAP, THE BEAUTIFUL RED, YELLOW, GRAY COLORS, BUT I DON'T KNOW WHERE.

I CAN'T TELL WHERE NOT A WAY OF BRUNSWICK AVENUE IS RED AND YELLOW MAP.

WOULDN'T IT BE WHERE 25 8 19 IS THE NUMBER LAYING ACROSS THE ROAD.

OKAY.

YEAH, IT'S, UH, IN BEHIND THE, UH, 48 0 4.

OH, OKAY.

NEXT UP.

YEAH.

OH, OKAY.

I GOT YOU.

YEAH, THE NEXT ONE UP.

48 0 4.

OKAY.

SO IT'S WITHIN THIS GROUP RIGHT HERE OR RIGHT HERE.

OKAY.

GOT I GOT YOU NOW.

THANK YOU FOR THAT.

THANK YOU FOR MM-HMM .

HELPING OUT WITH THAT.

UH, AS WITHIN, UH, OTHER CASES, UH, WE'VE SEEN, UH, LOOKING AT THE COMPREHENSIVE PLAN, UM, ALL OF THE PROPERTY IN WEST PETERSBURG IS IN WITHIN THE TOWN CENTER AREA OF THE COMPREHENSIVE PLAN.

AND THIS GENERAL AREA IS EXPECTED TO ACCOMMODATE FUTURE MEDIUM DENSITY RESIDENTIAL DEVELOPMENT.

AND OF COURSE THE RU ZONING CLASSIFICATION IS APPROPRIATE, UH, FOR DESIGNATION WITHIN THE TOWN CENTER AREA OF THE COMPREHENSIVE LAND USE PLAN.

UM, LAND DEVELOPMENT COMMITTEE REALLY DID NOT HAVE, UM, ANY COMMENTS RELATED TO, UH, THE SUBJECT PROPERTY.

UM, LOOKING AT OUR PLANNING STAFF, UH, RECOMMENDATION, WE DO FEEL LIKE THE REQUESTED ZONING CLASSIFICATION RESIDENTIAL URBAN RU IS COMPATIBLE WITH THE SURROUNDING ZONING PATTERN AND SURROUNDING LAND USES.

ADDITIONALLY, THE RU ZONING DISTRICT WAS CREATED TO ACCOMMODATE FUTURE DEVELOPMENT OF THE EXISTING LOTS WITHIN THE URBAN AREA, INCLUDING THE WEST PETERSBURG NEIGHBORHOOD, AS ALSO THE REQUESTED ZONING CLASSIFICATION RESIDENTIAL URBAN R RU CONFORMS TO THE UNDERLYING USE IS RECOMMENDED FOR THIS GENERAL AREA SET FORTH IN THE TOWN CENTER AREA OF THE COMPREHENSIVE LAND USE PLANT.

ALSO, IN ADDITION, UH, WE FEEL LIKE, UM, THE EXISTING COMMERCIAL BUILDING THAT FRONTS ON ROUTE ONE COULD STILL BE UTILIZED.

UH, EVEN IF THIS SUBJECT PROPERTY, UH, WAS REZONED TO RU, UM, DON'T FEEL LIKE THAT WOULD IMPACT, UM, THAT EXISTING, UH, COMMERCIAL BUILDING.

UH, THAT'S ALONG ROUTE ONE.

UH, THAT'S ALL I HAVE RELATED TO OUR STAFF, UH, REPORT.

BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AT THIS TIME.

THAT BUILDING THAT YOU'RE TALKING ABOUT, IS THAT TWO STORY BRICK BUILDING THAT NOBODY'S DONE ANYTHING WITH FOREVER? YES, THAT'S CORRECT.

THANK YOU MR. BASSETT.

OKAY, THANK YOU.

IS THE APPLICANT OF SOMEONE PRESENT? MR. GORDON ? HOW YOU DOING, SIR? GOOD EVENING.

THE, UH, THE OWNER MR. BA IS IN MISSISSIPPI GETTING HIS DAUGHTER IN COLLEGE.

SO THEY'RE MOVING IN THIS WEEK.

[00:20:01]

SO HE ASKED ME TO MAKE SURE I WAS HERE.

SO ANYWAY, I'M, I'M GONNA ANSWER EVERYTHING THAT I CAN FOR YOU.

UH, HE, HE SENT ME A BUILDING PLAN THAT HE INTENDS TO PUT ON IT, IF YOU'D LIKE TO SEE IT.

UH, IT'S, IT'S PRETTY MUCH THE, UH, THE GO-TO PLAN FOR THESE LOTS.

NOW IT'S A KIND OF A SHOTGUN STYLE HOUSE, ABOUT A THOUSAND TO 1100 SQUARE FEET.

UM, THERE'S SOME, THEY'RE NICE LOOKING HOUSES AND THEY HAVE, THEY HAVE PLENTY OF ROOM IN 'EM.

SO, UH, UM, THIS PROPERTY, OF COURSE, HAS FALLEN INTO THE SAME PROPERTY ISSUE THAT THE, THE LAST CASE THAT, THAT YOU TABLED HAS IT FELL INTO THE, UH, UH, THE BLANKET, THE BLANKET ZONING THAT THE COUNTY DID BACK IN THE SEVENTIES, I BELIEVE, ON ALL OF THIS PROPERTY.

I RAN INTO IT WHEN I DID, UH, THE SUBDIVISION BEHIND MCDONALD'S.

SEVERAL OF THOSE PARCELS WERE ENCUMBERED BY THAT SAME, UH, BLANKET ZONING.

THEREFORE THEY WAS, IT WAS SHOWN THAT THEY COULDN'T BUILD ON, UH, A RESIDENTIAL PORTION, UH, RESIDENTIAL HOUSE ON THE, THE PROPERTY BEHIND THAT LINE AT OR TOWARDS ROUTE ONE, I SHOULD SAY.

THEY COULD PUT A A, A HOME OFFICE OR SOMETHING BACK THERE ON THE BACK OF THEIR LOT, BUT THEY HAD TO MAKE SURE THEIR HOUSES STAYED UP CLOSE TO THE FRONT.

SO ANYWAY, THIS IS THE SAME, SAME ISSUE AS, AS THOSE OTHER TWO PLACES.

SO, UM, THE PROPERTY THAT IS A LONG ROUTE.

ONE THAT, UH, IS OWNED BUSINESS, I GUESS IT USED TO BE A COMMERCIAL BUILDING OF SOME TYPE, UM, IS SOMEWHAT ACROSS A BOTTOM FROM THIS PROPERTY ALSO.

SO THERE'S A HOUSE, A RESIDENCE DIRECTLY TO THE SOUTH OF THIS PROPERTY, AND THEN THERE'S A RESIDENCE TO THE WEST OF IT AND A RESIDENCE ON THE NORTH SIDE OF THE ROAD THERE.

UM, SO, UH, I THINK THEY PURCHASED THE PROPERTY AND DIDN'T REALIZE THAT IT WAS ENCUMBERED WITH THIS BUSINESS ZONING.

'CAUSE IT, IT DOES LOOK LIKE IT'S IN THE, IN THE SUBDIVISION ITSELF.

DOES ANYONE HAVE ANY QUESTIONS FOR MR. GORDON? AND IT'S ROUGHLY 200, ALMOST 200 FEET FROM ROUTE ONE.

SO THANK YOU MR. GORDON.

ALRIGHT, I WOULD LIKE TO OPEN THE PUBLIC HEARING ON THIS CASE IF THERE'S ANYONE PRESENT OR HAS ANYONE SIGNED UP? SIR, NO ONE HAS SIGNED UP.

MR. CHAIR, I'D LIKE TO CLOSE PUBLIC HEARING.

I'LL MAKE A MOTION.

B IT RESOLVED THAT IN ORDER TO ASSURE COMPLIANCE WITH VIRGINIA CODE SECTION 15.22286 A SEVEN.

IT IS STATED THAT THE PUBLIC PURPOSE FOR WHICH THIS RESOLUTION IS INITIATED IS TO FULFILL THE REQUIREMENTS OF PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE, AND GOOD ZONING PRACTICE.

I MOVE THAT REZONING P DASH 25 DASH 11 BE RECOMMENDED FOR APPROVAL TO THE BOARD OF SUPERVISORS.

I SECOND IT.

MR. TUS? YES.

MR. CUNNINGHAM? AYE.

MR. SIMMONS? YES.

MR. LANGLEY? YES.

MR. HAYES? YES.

AND MR. HARVILLE? YES.

SIX MEMBERS PRESENT.

VOTING IP DASH 25 DASH 11 HAS BEEN APPROVED TO THE BOARD OF SUPERVISORS.

THANK YOU, SIR.

THANK YOU.

THANK YOU, MR. GORDON.

SO WE'RE NOW WAITING FOR THE NEXT CASE, MR. BA.

THANK YOU MR. CHAIR.

UH, THE NEXT CASE WE'RE CONSIDERING THIS EVENING IS A SPECIAL EXCEPTION.

UH, THE SPECIAL EXCEPTION IS, UH, THE APPLICANT IS SLADEN SONS CONSTRUCTION, LLC AND BOSTIC REAL ESTATE PROPERTIES, LLC.

UH, THE REQUEST THIS EVENING IS TO WAIVE, UH, THE LANDSCAPE PLANNINGS AS PART OF THE 25 FOOT LANDSCAPE BUFFER REQUIREMENTS, UH, THAT ARE SET FORTH IN OUR ZONING ORDINANCE SECTIONS 22 DASH FOUR TWO AND 22 DASH 4 23.

UM, AND THE, UH, WAIVER MODIFICATION THEY'RE ASKING FOR.

UM, OUR NEXT SLIDE IS ALONG THE WESTERN PROPERTY LINE BUFFER AREA.

UM, THAT, UH, THAT SECTION OF THE ADJOINING PROPERTY IS, UH, ZONED R ONE RESIDENTIAL.

SO THEREFORE THERE'S A 25 FOOT LANDSCAPE BUFFER THAT'S REQUIRED ALONG THAT PORTION OF THE, UH, PROPERTY.

AGAIN, UH,

[00:25:03]

SECTION 22 DASH 4 21 9 UH, ALLOWS FOR, UM, THE PLANNING COMMISSION TO CONSIDER, UH, WAIVERS AND MODIFICATION OF BUFFERS.

AND, UH, THERE ARE CERTAIN, UH, CRITERIA, UM, THAT YOU ALL ARE SUPPOSED TO CONSIDER.

UM, WHEN AN APPLICANT REQUESTS MODIFICATION OR A WAIVER OF BUFFER REQUIREMENTS, UH, THEY'RE SET FORTH AGAIN, UH, WITHIN THIS SECTION OF THE ZONING ORDINANCE.

UM, WANTED TO SHOW, UH, AGAIN, UH, THE, THIS 300 FOOT, UH, PORTION OF THE PROPERTY WHERE THEY'RE REQUESTING THE, UH, LANDSCAPING WAIVER SLASH MODIFICATION, UH, IS WITHIN THAT 25 FOOT BUFFER AREA.

AND YOU CAN SEE, UM, IT'S PROPOSED FOR, AGAIN, THE R ONE, UH, PORTION OF THE PROPERTY, UH, THAT'S ADJOINING THE SUBJECT PROPERTY AND IT'S ALONG THE, UH, WHAT THEY'RE CALLING BUILDING NUMBER TWO.

ALSO WANTED TO, UH, INDICATE THAT, UM, THE STORAGE BUILDING, UH, THE FIRST BUILDING, NUMBER ONE, UH, IS WHERE THEY'RE GONNA HAVE THEIR STORAGE OFFICE AS WELL AS, UM, SOME, UH, STORAGE UNITS WITHIN THAT, UH, WHAT THEY'RE CALLING THE STORAGE OFFICE BUILDING AS WELL.

AND, UM, AS SOME OF YOU ALL MAY RECALL, UH, WHEN THE, UH, REZONING OF THE PROPERTY WAS APPROVED AND THE CONDITIONAL USE PERMIT WAS APPROVED TO ALLOW FOR THE STORAGE FACILITY, UM, THERE WAS A CONDITION THAT THE PLANNING COMMISSION REQUESTED AND THE BOARD APPROVED AS PART OF THE CONDITIONAL USE PERMIT FOR THE STORAGE FACILITY.

THAT THE, UH, THAT BUILDING, NUMBER ONE, THE STORAGE OFFICE BUILDING WOULD HAVE A BRICK FACADE ALONG THE WESTERN PROPERTY LINE.

UM, WHICH, UH, WHICH AGAIN IS A CONDITION OF THE REZONING.

AND WHEN YOU GO BACK TO THE SITE PLAN AGAIN, THAT'S BUILDING NUMBER ONE.

UM, THAT DOES HAVE A SLIGHT PORTION OF THAT BUILDING, UH, ADJOINING THE, UH, PROPERTY LINE BUILDING TWO, UM, PER THE CONDITIONS IS NOT REQUIRED TO HAVE THAT, THAT BRICK FACADE.

AGAIN, UM, LOOKING AT THE, UH, CONDITIONS THAT THE PLANNING COMMISSION IS TO CONSIDER AS PART OF, UH, POTENTIALLY ISSUING A WAIVER OR MODIFICATION OF THE BUFFER, UM, CONDITION, UH, UH, CONDITION.

A, UH, IF THE STRICT APPLICATION OF THE PROVISIONS OF THE DIVISION REDUCES THE USABLE AREA OF A LOT DUE TO LOT CONFIGURATION OR SIZE TO A POINT WHICH WOULD PRECLUDE A REASONABLE USE OF THE LOT, BUFFER AND OR SCREENING REQUIREMENTS MAY BE WAIVED OR MODIFIED, PROVIDED THE SIDE OR REAR OF A BUILDING A BARRIER AND OR THE LAND BETWEEN THAT BUILDING AND THE PROPERTY LINE HAS BEEN SPECIALLY DESIGNED TO MINIMIZE ADVERSE IMPACT THROUGH A COMBINATION OF ARCHITECTURAL AND LANDSCAPING TECHNIQUES.

UH, THE PROPOSED STORAGE BUILDING ALONG THE WESTERN PROPERTY LINE, UM, DO SCREEN THE SELF-SERVICE STORAGE FACILITY FROM THE ADJOINING PROPERTY.

AGAIN, BUILDING ONE WILL HAVE THE BRICK FACADE, UM, ALONG THE ENTIRE, UH, WESTERN PORTION OF BUILDING ONE.

UH, B IF THE BUILDING A BARRIER AND OR THE LAND BETWEEN THAT BUILDING AND THE PROPERTY LINE HAS BEEN SPECIFICALLY DESIGNED TO MINIMIZE ADVERSE IMPACT THROUGH A COMBINATION OF ARCHITECTURAL LANDSCAPING TECHNIQUES.

THE OFFICE BUILDING THAT HAS A DECORATIVE BRICK FACADE DOES BUFFER SCREEN THE SELF SELF STORAGE FACILITY FROM THE REAR PORTION OF THE ADJOINING PROPERTY, THEREBY MINIMIZING THE ADVERSE IMPACT WITH THE ARCHITECTURAL BUFFER SCREEN.

C IF THE ADJOINING LAND IS DESIGNATED IN THE COUNTY'S COMPREHENSIVE LAND USE PLAN FOR USE, WHICH WOULD NOT REQUIRE THE PROVISION OF BUFFERS OR SCREENS IN THE COMPREHENSIVE LAND USE PLAN, THIS GENERAL AREA IS DESIGNATED FOR MIXED RESIDENTIAL DEVELOPMENT.

THE CURT ZONING ON THE REAR PORTION OF THE ADJACENT PROPERTY REQUIRES THAT OUR BUFFER BE MAINTAINED

[00:30:01]

ALONG THE WESTERN PROPERTY LINE IN THE PROPOSED OFFICE BUILDING WITH A DECORATIVE BRICK FACADE AND ADDITIONAL STORAGE BUILDING FURTHER TO THE REAR OF THE FACILITY WOULD ACT AS A BUFFER SCREEN TO SHIELD THE ADJOINING PROPERTY FROM THE SELF-SERVICE STORAGE FACILITY.

IF THE ADJOINING PROPERTY IS USED FOR ANY PUBLIC PURPOSE OTHER THAN A SCHOOL DAYCARE CENTER OR HOSPITAL, THE ADJOINING PROPERTY TO THE WEST IS NOT CURRENTLY USED FOR A PUBLIC PURPOSE.

AND THE COMPREHENSIVE PLAN DOES NOT PROPOSE THAT THE ADJOINING PROPERTY IS PROPOSED FOR A PUBLIC PURPOSE.

IF THE ADJACENT RESIDENTIAL OR AGRICULTURAL PROPERTY IS USED FOR COMPATIBLE USE, WHICH HAS BEEN PERMITTED BY THE BOARD OF ZONING APPEALS AS A SPECIAL EXCEPTION, OR THE BOARD OF SUPERVISORS AS A CONDITIONAL USE, THE ADJACENT RESIDENTIAL ZONE PROPERTY IS NOT BEING USED FOR RESIDENTIAL PURPOSES.

AND THE ADJOINING PROPERTY IS VACANT, IS A VACANT WOODED AREA LOCATED DIRECTLY BEHIND AN ESTABLISHED COMMERCIAL USE.

IF THE TOPOGRAPHY IS SUCH THAT THE REQUIREMENTS OF THIS DIVISION WOULD BE, WOULD NOT BE EFFECTIVE, THE ADJOINING PROPERTY THE TO THE WEST, UH, WHERE THE PORTION OF THE BUFFER IS LOCATED DOES DOWN SLOPE DOWNWARD AND AWAY FROM THE SUBJECT PROPERTY BACK TO THE POND AND WETLAND AREA.

THE PROPOSED OFFICE STORAGE BUILDING, WHICH IS GOING TO HAVE A DECORATIVE BRICK FACADE AND THE ADDITIONAL STORAGE BUILDING TO THE REAR OF THE PROPERTY FACING THE ADJOINING PROPERTY, WILL ACT AS A SCREEN SHIELDING THE ADJOINING PROPERTY FROM THE SELF-SERVICE STORAGE FACILITY BETWEEN USES THAT ARE TO BE DEVELOPED UNDER A COMMON DEVELOPMENT PLAN.

THE TWO PROPERTIES SUBJECT TO THIS CASE ARE NOT BEING DEVELOPED UNDER A COMMON DEVELOPMENT PLAN AND ARE CURRENTLY UNDER SEPARATE OWNERSHIP.

THE ADJOINING PROPERTY ON THE WEST IS ALREADY DEVELOPED WITH A COMMERCIAL USE AND THE PROPERTY TO THE REAR THAT'S OWNED R ONE, UM, DOES HAVE A RESIDENTIAL, UM, DWELLING ON IT ON THE FRONT PORTION OF THE PROPERTY.

IF A, IF ADJACENT RESIDENTIAL OR AGRICULTURAL PROPERTY IS UNDEVELOPABLE FOR RESIDENTIAL USES, BECAUSE IT IS IN WITHIN A RESOURCE PROTECTION AREA, THE ADJACENT PROPERTY IS NOT PART OF A RESOURCE PROTECTION AREA.

OUR STAFF RECOMMENDATION THIS EVENING, STAFF BELIEVES THAT THIS REQUEST MEETS THE STANDARDS NECESSARY TO GRANT AN EXCEPTION TO WAIVE THE LANDSCAPING PORTION OF THE BUFFER REQUIREMENT.

THEREFORE, STAFF RECOMMENDS APPROVAL OF THE REQUEST FOR A SPECIAL EXCEPTION TO WAIVE THE REQUIREMENT IN SECTION 22 DASH 4 23 ALONG THE PROPERTIES WESTERN PROPERTY LINE.

BE GLAD TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE THIS EVENING.

WHEN DID THAT, WHEN DID WE ORIGINALLY OKAY THIS IN 2024.

WHAT MONTH? I BELIEVE IT WAS JUNE OF 2024.

WELL, IF MEMORY SERVES ME CORRECTLY, THEY HAD ONE YEAR TO GET A BUILDING PUT UP OR THEY WERE GONNA HAVE TO COME BACK WITH THE WHOLE CONDITIONAL USE PERIOD.

I MEAN, CONDITIONAL USE.

AGAIN, I WOULD GO BACK AND LOOK AT THAT BECAUSE THAT WAS SOMETHING WE VOTED ON THAT THEY SAID THEY WOULD HAVE A BUILDING UP WITHIN THE YEAR AND IF THEY DIDN'T, THEY WOULD BE WILLING TO COME BACK AND DO THE CONDITIONAL USE ALL OVER AGAIN.

SO WE PASSED THAT AT YEAR.

THERE IS NO BUILDING, THERE IS NOT EVEN ANY GRADING DONE OR AN ATTEMPT TO, AND I'M NOT TRYING TO BE UGLY ABOUT IT, BUT WHEN YOU AGREE TO SOMETHING, I MEAN, THAT'S WHAT IT IS.

I WOULD GO BACK AND LOOK AT THE ORIGINAL CONDITIONAL USE PERMIT UNLESS THE BOARD WAIVED THAT YEAR.

WE VOTED, I'M PRETTY SURE AND APPROVED IT.

AND THEY SAID OKAY, THEY'D HAVE A BUILDING UP BY THEN.

I WOULD HAVE TO REVIEW THAT SPECIFIC OR HAVE WORK STARTED BY THEN.

I MIGHT HAVE BEEN JUST WORK STARTED BY THEN.

RIGHT.

BECAUSE WE WERE, WE WERE ZONING THINGS AND THEN IT WAS JUST SITTING IN LIMBO FOR YEARS.

AND WHEN THE APARTMENT COMPLEX, I MEAN, THEY'VE COME, THEY'RE SITTING IN LIMBO, THEY'VE PASSED THEIR TIMEFRAME.

EVEN THOUGH Y'ALL SAY IF YOU THROW A SITE PLAN IN FRONT OF YOU, IT'S OKAY, I MADE THE MOTION THAT IT WAS GONNA HAVE A BUILDING PUT UP OR IT WAS GONNA BE STARTED WITHIN A YEAR.

IF THAT'S THE CASE, THEY HAVE TO COME BACK TO US ANYWAY FOR A

[00:35:01]

WHOLE NEW CONDITIONAL USE PERMIT AND WE CAN HASH THIS OUT ALL OVER AGAIN.

SO YOU'RE SAYING YOU DON'T, YOU DON'T KNOW, YOU CAN'T CORROBORATE WHAT, WHAT HE'S SAYING.

I, I CAN LOOK UP THE MINUTES THIS EVENING, UM, OR IN OUR PAST MINUTES.

SO I I THINK THAT'S A VERY INTERESTING POINT.

I HAD A FOLLOW UP TO THAT I WAS GONNA ASK YOU.

UM, I I GUESS I'M CON I HAD TO REALLY FOLLOW ALONG HERE.

SO WHAT I'M, WHAT I AM, AM I SAYING IT CORRECTLY THAT THEY NEED, THAT THEY DESIRE THE WAIVER OF THE LANDSCAPING BECAUSE THEY OF JUST HOW THEY WANNA CITE THE BUILDING.

RIGHT.

IT, IT, IT'S, IT'S THE SIGHTING OF THE BUILDING THAT'S PREVENTING THEM.

IT'S, IT'S, IT'S THE WAY THEY HAVE WANTED TO CITE THE BUILDING THAT IS PREVENTING THEM FROM DOING THE LANDSCAPING BUFFER.

RIGHT.

AM I READING THAT RIGHT? UM, IT'S NOT PREVENTING THEM FROM IMPLEMENTING THE LANDSCAPE BUFFER AS YOU CAN SEE ON THE CURRENT SLIDE THAT I HAVE THERE.

OKAY.

UM, SO WHAT AM I MISSING? WHY, WHY? SO IT'S THE, IT'S THE AMOUNT OF LANDSCAPING REQUIRED, UM, THAT THEY'RE HAVING TO, UM, PUT WITHIN THAT BUFFER.

UM, IT'S VERY CROWDED AND, AND HONESTLY, UM, I DON'T THINK THE, THE LANDSCAPING REQUIRED THERE, UM, IS SIGNIFICANT TO THE POINT THAT I THINK IT WOULD ACTUALLY HINDER THE, UM, THE GROWTH OF LANDSCAPING THAT WOULD BE BE PUT IN THERE OVER TIME.

UM, MR. CHAIR, I COULD BREAK IN.

I WANNA GO UPSTAIRS AND LOOK ABOUT THIS MEETING Y'ALL WERE TALKING ABOUT AND WHAT YOU WERE TALKING ABOUT.

SO Y'ALL CONTINUE ON CONTINUING THE PUBLIC HEARING AND FOR SOME REASON, I'M, I'M NOT BACK WHEN Y'ALL CONCLUDE ALL THAT, JUST TABLE THIS UNTIL I GET BACK AND YOU CAN CONTINUE ON.

WELL, I, I'LL MAKE A NOTE.

IS THE APPLICANT EVEN HERE? I WE KNOW DONNIE BOS IN MISSISSIPPI.

I WAS GONNA ASK THE, I DON'T SEE VICTOR SLADE OR A REPRESENTATIVE SITTING IN HERE, SO IF THAT WAS THE CASE, I WAS GONNA TABLE IT TILL THE NEXT MONTH ANYWAY.

YEAH, WELL Y'ALL CONTINUE ON THOUGH BECAUSE I'M CURIOUS TO THAT, THAT'S PROBABLY THAT, THAT HELPS GET ALL THE INFORMATION TOGETHER.

I THINK YOU YEAH.

CAN THE AUDIENCE SAY SOMETHING ABOUT THAT? WELL, WE'LL GET TO THE PUBLIC, WE'RE GONNA OPEN THE PUBLIC HEARING IN A MINUTE AND AND YOU'LL GET A CHANCE CLOSE.

I MEAN, WHEN I SEE SOMETHING WHILE I'M HERE, I KNOW YOU'RE GONNA WAIT TILL NEXT MONTH, BUT I WANT THIS TO GO ON RECORD.

OKAY.

WE HEAR YOU MA'AM.

YOU THANK YOU.

WE HEAR YOU.

SO, SO MR. CHAIRMAN, I I, I, MY FOLLOW UP QUESTION, I, I JUST WANNA UNDERSTAND BETTER WHY IS IT IS I'M JUST, I'M HAVING A HARD TIME I GUESS UNDERSTANDING 'CAUSE I'M TRYING TO, I'M SITTING HERE LOOKING AT, AT THE MAP YOU HAVE ON SCREEN AND I'M TRYING TO ORIENT MYSELF, PUT IT IN THAT ONE.

YEAH.

I'M TRYING TO ORIENT MYSELF TO THE ONE WHERE YOU HAVE THE, UH, THE RED LINE SHOWING THE WESTERN BOUNDARY.

AND WHAT I'M TRYING TO DO IS ORIENT MYSELF TO LIKE YOU'RE SHOWING AN EXISTING STREET UP AT THE TOP, RIGHT? OR IS THAT NOT AN EXISTING STREET? THE, THE WHAT'S SHOWN AS PAVEMENT ON THE OTHER SIDE OF THE BUILDING? YES, SIR.

THAT, THAT'S THE ENTRANCE ROAD OR ACCESS ROAD, UM, WITHIN THE FACILITY ITSELF, THE STORAGE FACILITY.

SO CAN YOU GO BACK TO THE OTHER DRAWING I'M SAYING? YEAH, THAT ONE.

AND, AND CAN YOU JUST KIND OF DESCRIBE WHERE THAT ACCESS ROAD IS THEN? THE ACCESS ROAD WOULD BE, UH, TO THE EAST OF THE RED LINE, UM, THAT'S SHOWN ALONG THE WESTERN PROPERTY LINE, BUT WEST OF THE SUBJECT PROPERTY'S PROPERTY LINE WITH THE ADJACENT, UH, RESIDENCES.

RIGHT.

WE ONLY, WE DON'T EVEN HAVE THE ORIGINAL DRAWING.

YEAH.

GO BACK, GO, GO BACK, GO BACK, GO BACK.

YES.

NO, NOT TO, NOT TO THAT ONE, BUT UM, YEAH, SO YOU, THERE'S THE EXISTING ROAD WITH RESIDENCE IS ALL THE WAY TO THE EAST SIDE OF THE DRAWING, CORRECT? YES.

WEST ALONG WEST DRIVE.

YES.

YES.

SO THE, THE ROAD YOU'RE TALKING ABOUT THAT'S SHOWN ON THE SITE PLAN IS ACTUALLY A NEW ROAD THAT'S SOMEWHERE WITHIN THE PROPERTY RUNNING MORE OR LESS PARALLEL WITH WEST.

YEAH.

MORE OR LESS PARALLEL WITH THAT YEAH.

OTHER ROAD.

RIGHT? WITH, SO WHERE I'M, WHERE I'M GOING WITH THAT IS WHY CAN'T THEY JUST MOVE THAT ACCESS ROAD OVER FURTHER TO THE EAST AND TAKE CARE OF THE PROBLEM WITH LANDSCAPING WAS THAT, UM, AS YOU CAN SEE, THE, ON THE, UH, WHAT WOULD BE THE EAST SIDE, THE DIRECT OPPOSITE, THE TOP PORTION OF THE SLIDE, RIGHT.

YOU CAN SEE THE

[00:40:01]

TOPO LINES THAT ARE DRAWN THERE.

OH, OKAY.

THE TOPOGRAPHY THERE DROPS OFF.

THERE'S A NATURAL DRAINAGE WAY.

I GOTCHA.

AND THAT'S WHY THEY'RE TRYING TO DEVELOP THE PROPERTY ALONG THE WESTERN PROPERTY LINE AWAY FROM THE HOMES ON, UH, WEST DRIVE BECAUSE THERE'S A NATURAL DRAINAGE WAY THAT, UM, GOES DOWN THROUGH THE SUBJECT PROPERTY BEHIND THOSE HOMES ON WEST DRIVE.

GOTCHA.

AND UM, BETWEEN THE DEVELOPMENT AND THE HOMES ON WEST DRIVE, THERE'S A NATURAL DRAINAGE CHANNEL THAT GOES BACK THROUGH THERE AND IT'S A VERY LOW WET SPOT.

SO THEY'RE TRYING TO KEEP THE STORAGE FACILITY DEVELOPMENT ALONG THAT WEST PROPERTY LINE.

I GOTCHA.

UM, SO RELATED TO THAT, IT KIND OF GETS BACK TO THE OTHER POINT THEN.

I DID REMEMBER IT WAS LAST YEAR.

I DIDN'T REMEMBER WHAT MONTH, BUT THERE WAS NO SITE PLAN WHEN THEY CAME.

THERE WAS JUST A GENERAL REZONING.

IT WAS NOT A, THEY DIDN'T HAVE A SITE PLAN AT THAT POINT IN TIME.

THEY DID, THEY DID HAVE A CONCEPT PLAN.

THEY DID INCLUDE A CONCEPT PLAN.

SO HOW DID THEY ADDRESS THE, LIKE YOU SAID, I SEE IT AT THE TOP NOW I WOULDN'T WANT TO BUILD IN THE, IN THE WATER EITHER.

SO HOW DID THEY ADDRESS IT THEN? I JUST DON'T, THEY THEY HAD, UH, THE, WHAT THEY'RE CALLING BUILDING NUMBER ONE, UM, THE ONE THAT ADJOINS THE WESTERN PROPERTY LINE UP NEAR FERNDALE ROAD AND THE, UH, OLD COMMERCIAL CONVENIENCE STORE THEY HAD BUILDING ONE KIND OF LOCATED WHERE IT'S SHOWN CURRENTLY ON THIS SITE PLAN THAT'S ON THE SLIDE BUILDING TWO.

THEY DID HAVE A SLIGHTLY EASTWARD PROBABLY 50 FEET FROM THE PROPERTY LINE, UM, ON THAT CONCEPT PLAN.

UM, BUT NOW THAT THEY HAVE BETTER TOPOGRAPHY, THEY CAME BACK AND MOVED IT EAST.

RIGHT? I MEAN MOVED IT WEST.

RIGHT.

AGAIN, THAT WAS A CONCEPT PLAN THAT THEY SUBMITTED AS PART OF THE REZONING AND CONDITIONAL USE PERMIT.

WHEN THEY GOT INTO, UM, THE ACTUAL ENGINEERING PLANS FOR THE DEVELOPMENT, THE CONSTRUCTION PLANS FOR THE SITE PLANS, UM, THEY DID FIND THAT THAT AREA WAS VERY WET OVER ON THAT EAST SIDE.

I GOTCHA.

SO THEY, AGAIN, THEY WERE TRYING TO MOVE, UH, THE STORAGE BUILDINGS AS PART OF THE DEVELOPMENT ALONG THAT WESTERN SIDE OF THE PROPERTY TO TRY TO GET THE DEVELOPMENT AWAY FROM THAT, THAT NATURAL DRAINAGE, DRAINAGE WAY.

SO, AND THE TOPOGRAPHY ON THAT SIDE OF THE PROPERTY.

UNDERSTOOD.

SO WE HAD A REZONING AND A CONDITIONAL USE PERMIT OR JUST A REZONING YES, REZONING AND CONDITIONAL USE PERMIT.

THAT'S OKAY.

GOTCHA.

YEAH, I JUST, I DON'T KNOW, I HAVE AN EDITORIAL FOR THAT, I'LL SAY FOR THE PLANNING COMMISSION.

SO DO WE HAVE A NEW SITE PLAN WITH ALL THE NEW STUFF OTHER THAN JUST THIS? YES, THEY'RE GOING THROUGH THE SITE PLAN PROCESS CURRENTLY.

I CAN BRING YOU THE HARD COPY.

I HAVE IT, HAVE IT IN MY OFFICE IF YOU WANTED TO TAKE A BRIEF RECESS.

I MEAN, I CAN GET THE PLANS AND IF WHAT I SAID IF MY MEMORY SERVED ME CORRECTLY, IT'S NO NEED TO EVEN LOOK AT ANY OF IT.

WELL, BUT, BUT I, I THINK HONESTLY THOUGH, I THINK, UM, GIVEN THE FACT THAT, YOU KNOW, OUR COLLECTIVE MEMORIES HAVE, ARE NOT ALL THAT GREAT FROM A YEAR AGO, IT, IT WOULD PROBABLY GOOD TO SHOW THE BIG PICTURE AGAIN AND HOW IT, HOW IT GOT, UH, EVOLVED OVER THAT PERIOD OF TIME MORE THAN JUST THIS ONE DRAWN.

I THINK THAT WOULD BE HELPFUL.

SO THEY'RE GOING THROUGH THE SITE REVIEW PROCESS, CORRECT? THAT'S CORRECT.

OKAY.

SO I'M ASSUMING YOU'VE SITE REVIEWED FROM THE BACK OF THIS ALL THE WAY TO THE FRONT AND YOU AT LEAST APPROVE OF ALL THAT, CORRECT? YES, THAT'S CORRECT.

BUT MAYBE NOT ALL THE REST OF IT? NO, WE'VE, WE'VE THEY'VE COMPLIED WITH EVERYTHING.

UM, AS FAR AS PLANNING AND ZONING, THIS WAS THE ONLY THING THAT WOULDN'T COMPLY.

RIGHT? RIGHT.

IF, IF THEY WANTED TO REMOVE THAT LANDSCAPING, IT WOULDN'T COMPLY WITH THE RIGHT ORDINANCE IN PLACE.

SO THEY, THEY HAVE AGAIN REQUESTED THAT WAIVER OF THE LANDSCAPING REQUIREMENT FOR JUSTICE SECTION OF THE PROPERTY.

THANK YOU MS. BEST I, AGAIN, I'D BE GLAD IF YOU WANT TO TAKE A BRIEF RECESS, I CAN GET THE FULL SITE PLAN AND YOU CAN SEE, WELL I'D RATHER, YEAH.

YEAH.

MR. DREWRY, WE, WE GET DO YOU MAY? YEAH, I RECOMMENDED DID THAT TOO AND GO WITH THE PUBLIC HEARING WHILE WE WAIT.

HIM WAIT ON HIM.

THANK YOU MR. BASSETT.

OKAY.

THANK YOU.

WE'RE NOT ACTUALLY OPEN FOR A PUBLIC HEARING ON THIS CASE AT THIS TIME.

[00:45:01]

JUST A MINUTE MA'AM.

I NEED FOR YOU TO HEAR ME AND THEN I'M GOING TO LISTEN TO YOU.

I'M GOING TO READ THE PUBLIC HEARING STATEMENT.

THIS PUBLIC HEARING COMMENT TIME IS PROVIDED FOR CITIZENS TO HAVE THEIR VIEWS HEARD.

YOUR COMMENTS DURING THIS TIME PERIOD MUST BE CONFINED TO THE MATTER OR CASE THAT IS LISTED ON THE AGENDA AND THEY SHOULD NOT BE CUMULATIVE OR REPETITIVE.

YOU ARE ASKED TO ADDRESS THIS COMMISSION WITH THE QUORUM LOUD, DISRUPTIVE, DISRUPTIVE OR AGGRESSIVE BEHAVIOR TO INCLUDE OFFENSIVE LANGUAGE SHALL BE AVOIDED.

ALSO AVOIDED AVOID WORDS OR ACTS TENDING TO EVOKE VIOLENCE OR ARE DEEMED TO BE A BREACH OF THE PEACE.

PLEASE NOTE THAT THIS TIME IS NOT INTENDED TO BE A QUESTION AND ANSWER PERIOD OR A TIME FOR DIALOGUE WITH THE COMMISSION MEMBERS OR STAFF.

MR. GURLEY, DO YOU HAVE ANYONE SIGNED? THERE WAS NO ONE SIGNED UP.

MR. CHAIR.

OKAY MA'AM, YOU MAY ADDRESS, COME FORWARD PLEASE.

CAN THEY, UM, PUT THAT PICTURE BACK UP SO I CAN SEE IT AND POINT TO SOMETHING WITHOUT THAT CLOCK IN FRONT? MA'AM, MAY I ASK YOU ONE THING? YES.

UM, COULD YOU GIVE YOUR NAME AND YOUR ADDRESS? I'M SORRY.

YES.

UM, I'M A RESIDENT THAT LIVES ON WEST, SO I BACK UP TO THAT.

MY NAME IS MS. BUSH.

OH, OKAY.

UM, LET'S SEE.

UM, ONE OF THE THINGS I WAS CONCERNED ABOUT IS WHEN I GOT THIS LETTER IT WAS TALKING ABOUT UM, THE THINGS THAT THEY WANTED TO TRY TO, UH, YOU KNOW, HAVE SOME RELIEF FROM.

THEY DIDN'T WANT TO HAVE TO HAVE THAT FULL BUFFER, BUT I'M CONCERNED ABOUT WHAT KIND OF BUFFER IS GONNA BE ON THEIR SIDE YARD, WHICH WOULD BE OUR BACKYARD.

'CAUSE IT DOESN'T SAY ONE WAY OR THE OTHER.

WHAT KIND OF BUFFER YOU WOULD REQUIRE THERE.

WHICH, WHICH HOUSE? YOU SAID WEST DRIVE.

WHICH ADDRESS? WHICH, HEY, I CAN GIVE YOU, YOU WANNA LOOK AT THIS, YOU CAN SEE THIS.

I'M THE FIFTH HOUSE ON THE LEFT.

CAN YOU SEE THAT? THAT HELPS? YES.

I'M THE FIFTH HOUSE ON THE LEFT.

MM-HMM .

SO I'M AT, UH, 4,004.

OKAY, THANK YOU.

YES.

AND I GUESS ONE OF THE REASONS I WAS WORRIED IS WHEN YOU PUT A STORAGE FACILITY, WE'RE NOT TALKING STORAGE SHEDS, WHICH IS THE PEOPLE NEXT DOOR TO THEM.

THAT'S WHAT THEY'RE TRYING TO SELL.

BUT SOME OF THESE STORAGE FACILITIES, THEY'RE OPEN 24 HOURS AND AS LONG AS YOU HAVE A CODE, YOU CAN PUNCH IT IN THE GATE AND COME AND GO AS YOU PLEASE.

I'M SURE YOU'VE SEEN SOME OF THESE BLUE AND GRAY STORAGE OR U-HAUL STORAGE.

AND IF THOSE PEOPLE ARE COMING 24 HOURS A DAY AND IF THERE'S NOT ENOUGH BUFFER ON THEIR SIDE YARD, WHICH IS WOULD BE MY BACKYARD, YOU'VE GOT PEOPLE COMING 24 HOURS A DAY THAT CAN LOOK INTO OUR WINDOWS BACK THERE.

THAT HAS TO HAVE A LOT OF TREES BECAUSE I NOW, WHEN THEY WIPE ALL THIS AWAY, NOW I HAVE NO BUFFER BETWEEN ME AND SOME OTHER NEIGHBOR.

I'VE JUST GOT A BUSINESS RIGHT THERE.

AND THAT WOULD BE LIKE IF SOMEBODY MOVED IN YOUR BACKYARD OR BEHIND YOUR BACKYARD AND CAME AND WENT 24 7, YOU GOT SEVEN DAYS A WEEK AND THEY'RE COMING MORNING AND NIGHT AND MOVING STUFF.

I NEED TO MAKE SURE THERE'S GONNA BE ENOUGH BUFFER THERE.

SO THAT WOULD BE MY CONCERN.

I REALIZE THEY'VE GONE TO LOOK THIS UP AND GIVE YOU A DEAD DEADLINE WHEN THEY APPLIED, BUT I WOULD LIKE SOMEONE TO NOTE THIS SO WHEN THEY COME BACK IN PERSON, 'CAUSE LIKE YOU SAID, THEY REALLY PROBABLY SHOULD BE HERE IF YOU DO ALLOW THEM TO HAVE ANY BREAK ON THE BUFFER ON THE WEST SIDE, I THINK IT NEEDS TO BE CLEARLY DEFINED HOW MUCH BUFFER YOU'RE GONNA GIVE TO US.

CAN, CAN WE MAKE SURE SOMEBODY ADDRESSES THAT MAKES A NOTE OF THAT? COULD, COULD WE, AM I ALLOWED TO ASK THAT? UH, IT, IT'S JUST NOT A QUESTION AND ANSWER TIME.

YOU STATE WHAT YOU WANT.

OKAY, THEN I'LL JUST STATE.

OKAY.

I MEAN, JUST REALIZE THIS HAS ALREADY BEEN APPROVED SO WELL RIGHT, BUT I'M JUST SAYING THIS NEVER SAID HOW MUCH BUFFER, WHAT KIND OF BUFFER IF THERE'S A BUFFER.

RIGHT.

AND SINCE LIKE YOU SAID HE HAS MISSED HIS TIMEFRAME.

OH WELL I THINK HE HAS.

OKAY.

I'M NOT POSITIVE.

WELL, NO, WHEN DID HE APPLY? LEMME GET TO MY, OKAY.

ALL.

SO THAT WAS THE FIRST THING IS HOW MUCH BUFFER.

UM, AND THEN THE OTHER THING

[00:50:01]

IS THAT, UM, WHAT HE WAS SAYING ABOUT THERE ALREADY BEING A ROAD CUT IN THERE, THAT'S NOT TRUE.

I LIVE RIGHT AROUND THE CORNER FROM THERE.

THERE'S NO ROAD CUT IN THERE.

THERE IS A PARKING LOT WHERE HARRIS'S GROCERY STORE USED TO BE ONE HALF OF THAT BUILDING WAS BURNED.

THAT IS NOT BEING USED.

THE OTHER HALF THAT IS HAS HAS, HAS NOT THE PART THAT HAS NOT BEEN BURNED, THEY'RE TRYING TO USE THAT IS THE OFFICE FOR THE STORAGE SHEDS THAT ARE ALREADY BEING SOLD ON THAT PERSON'S PARCEL.

BUT THERE IS NO ROAD CUT THROUGH THERE, JUST A PARKING LOT.

THE ROAD THAT HE MENTIONED IS MORE LIKE, UH, OVERGROWN BRUSH.

IT'S NOT LIKE THERE'S SOMETHING FULLY DEFINED.

LIKE YOU CAN JUST, YOU KNOW, UH, GO IN THERE WITH YOUR CAR.

I MEAN, YOU'D PROBABLY HAVE, COULD MAYBE GO IN THERE WITH A THREE WHEELER OR AN A TV, BUT YOU'RE GONNA GET A LOT OF BRICK, YOU KNOW, STICKERS AND BRIAR PATCHES AND STUFF.

THAT'S NOT A ROAD.

I DON'T KNOW WHY HE SAID THERE WAS A ROAD IN THERE AND MAYBE THEY TRIED TO CUT SOMETHING IN HERE THIS WEEK, BUT I PASSED BY THAT PROBABLY, I DON'T KNOW, THREE, FOUR TIMES A WEEK.

SO THAT ROAD THING THAT THAT'S, THAT'S THAT'S NOT TRUE EITHER, REALLY.

SO, UM, I GUESS THAT'S MY TWO THINGS.

UM, AND THEN WHEN HE MENTIONED ABOUT THE WATER THOUGH, THAT'S TRUE.

THERE IS A LOT OF WATER PROBLEM THERE AND IT, IT TAKES UP FIVE TO SIX HOUSES.

IT'S NOT JUST ONE PERSON'S HOUSE.

WHEN THEY PUT IN CEDAR HEART MARKET ON THE CORNER OF FERNDALE AND COX, WHOEVER LAID THAT OUT AGREED TO IT.

THEY DID NOT MAKE SURE THAT THERE WAS NOT, THEY NEVER MADE SURE THAT THE, THERE WASN'T GONNA BE WATER SPILLAGE.

WHEN THERE'S A TORRENTIAL DOWNPOUR, IT DOESN'T STAY AT CEDAR HEART MARKET.

IT CROSSES THE ROAD, IT GOES ACROSS ALL THE BACKS OF, OF WEST.

EVERYBODY'S BACKYARD IS FLOODED, INCLUDING SOME PEOPLE'S FRONT YARDS.

SO IF THEY'RE TRYING TO MOVE SOMETHING BECAUSE THERE'S A PART OF IT THAT HAS A LOT OF WATER, I CAN UNDERSTAND YOU GOTTA TRY TO, YOU GOTTA WORK WITH MOTHER NATURE, BUT I DON'T WANT THEM TO SHOVE MORE WATER AIRWAY AND THEN I GET BOXED IN FROM CEDAR HEART AND FROM THEM AND NOW MY, I'M GONNA BE UNDERGROUND UNDERWATER.

I'M GONNA BE IN A SWIMMING POOL.

SO WHOEVER APPROVES THAT, THEY NEED TO MAKE SURE THAT DRAINAGE IS RIGHT.

THIS TIME WE'VE BEEN FIGHTING THIS THING WITH DRAINAGE FOR YEARS AND NOW THEY'RE GONNA ADD MORE PRO MORE INSULT TO INJURY.

SO THAT BUFFER NEEDS TO BE RIGHT.

THANK YOU.

THANK YOU.

THANK YOU MA'AM.

OBJECTION MA'AM.

UH, THERE'S ONE MORE CITIZEN.

MA'AM, DID YOU HAVE ANYTHING THAT YOU WANT TO SAY? NO, I'M ON THE SAME STREET SHE WAS ON.

I WANNA SAY SOMETHING.

OKAY.

SHE'S, SHE'S ON WEST ALSO.

OKAY, THANK YOU.

JUST WANNA MAKE SURE MR. CHAIR, I DID LOOKING IN THE UH, UM, IN THE AGENDA PACKETS AND EVERYTHING AND I DIDN'T HAVE TIME TO GO BACK INTO THE MINUTES, BUT I'M PRETTY SURE THIS IS WHAT HAPPENED.

IT'S THREE YEARS FROM THE DATE OF BOARD APPROVAL TO CONSTRUCTION STARTS CONSTRUCTION ON THE FIRST BUILDING.

THREE YEARS.

THREE YEARS.

I STILL SHOULD HAVE BEEN HERE.

OKAY, SO YOU READ THAT? YEAH, IN FACT IT'S GOT IT NOW.

OKAY.

MR. TITUS SAID OKAY, I DIDN'T KNOW IF I SAID ONE OR THREE, BUT I FELT LIKE I SAID ONE, BUT THAT WELL, YOUR MEMORY, YOUR MEMORY IS STILL 90% THERE.

I, I KNOW I SAID SOMETHING, HOW ABOUT THAT? , BUT I BELIEVE I SAID THE FIRST BUILDING HAD TO BE UP WITHIN THREE YEARS.

I BELIEVE THAT'S HOW IT WAS PHRASED.

BUT REGARDLESS, I, I DIGRESS.

I UNDERSTAND, BUT THE APPLICANT'S NOT HERE.

SO I'M GONNA MAKE A MOTION TO TABLE THIS UNTIL AN APPLICANT SHOWS UP AND CAN TALK TO US ABOUT THIS PROCESS.

I, CARLOS AFTERNOON.

IS THERE, UH, ANY QUESTIONS THAT WE'D LIKE TO HAVE ANSWERED WHEN HE DOES GET HERE? OR IS THAT SOMETHING WE'LL ASK WHEN WE GET THERE? WHEN HE GETS HERE? I MEAN, I JUST FEEL LIKE THEY GOTTA GIVE A LITTLE BETTER EXPLANATION OF WHAT'S GOING ON.

YEAH, I'D LIKE TO SEE THE WHOLE PLAN SO I CAN HAVE AN IDEA OF WHAT'S GOING ON.

YEAH, I I WOULD, I DO, I WOULD I TOTALLY AGREE WITH THAT TOO.

UH, SO I'M WITH YOU.

SO IF, IF, IF YOU'RE MAKING MOTION, I'LL SECOND MR. SIMMONS AND I'VE OKAY.

ALRIGHT.

[00:55:01]

CAN I SUGGEST AMENDING THAT TO BE CLEAR TO THAT, THAT, THAT IN ORDER FOR US TO CONSIDER THE SPECIAL REQUEST, WE WANT TO SEE THE CURRENT COMPLETE, UH, SITE PLAN LAYOFF.

YES.

WE CAN RELAY THAT TO OUR MR. MARK.

SAY HAY, SEND IT TO YOU.

COURT.

YES.

MR. LANGLEY? YES.

ONE THING.

MR. SIMMONS? YES.

MR. CUNNINGHAM? AYE.

MR. TUS AYE.

MR. HAYES? YES.

AND MR. HARLE? YES.

SIX MEMBERS PRESENT VOTING IP DASH, I MEAN SE DASH 25 DASH ONE HAS BEEN TABLED TO THE NEXT PLANNING COMMISSION MEETING.

ACTUALLY, PUBLIC HEARING IS STILL OPEN, MA'AM, IF YOU HAVE SOMETHING ELSE TO SAY.

I JUST HAVE ONE QUESTION.

SO NOW THAT YOU'VE TABLED THAT DISCUSSION UNTIL THE NEXT MEETING, IS ANYBODY GONNA TAKE ANY OF THE THINGS THAT I'VE SAID AND MAKE A NOTE? UH, IT'S ALREADY BEEN APPROVED.

THERE'S NOTHING TO MAKE A NOTE ON EXCEPT WHETHER WE'RE GONNA APPROVE DELETING THOSE LANDSCAPING OR WHETHER WE'RE GONNA KEEP THAT LANDSCAPING ON THAT SIDE.

IF MEMORY SERVED ME CORRECTLY, YOU WERE GONNA HAVE NATURAL BUFFER ON YOUR SIDE, MR. TIMUS? YEAH, I'D JUST LIKE TO ADD THAT THAT'S CORRECT.

THEY ARE, UM, THERE ARE LIMITS TO DISTURBANCES OUTSIDE OF THAT AREA.

THEY'RE NOT GONNA DISTURB THE EXISTING VEGETATION ON THE EASTERN PROPERTY LINE.

AND THEY ALSO ARE GONNA HAVE FENCING ALONG THAT PORTION OF THE STORAGE FACILITY.

SO IT'S GONNA BE VEGETATION AND FENCING? YES, THAT'S CORRECT.

IS THAT FENCING YOU CAN SEE THROUGH LIKE CHAINING OR IS THAT STOCK GATE OR WHAT KIND OF, IS IT MORE LIKE A, A BRICK SOLID WALL OR RETAINING WALL? WILL PEOPLE BE ABLE TO SEE THROUGH IT? THE VEGETATION ALSO? NO, IT, IT'S FENCING.

UM, THAT, THAT WILL SCREEN THE PROPERTY.

IT WILL SCREEN IT PLUS THE VEGETATION? YES, THAT'S CORRECT.

OKAY.

WELL THAT'S HELPFUL.

THANK YOU.

OKAY.

WE DO WANT TO CLOSE PUBLIC HEARING AT THIS POINT AND THAT IS THE LAST CASE THAT WE WILL BE AS ASCERTAINING TONIGHT.

UH, WE'RE GONNA MOVE ON TO, UH, OLD BUSINESS MR. CHAIR.

I HAVE NO OLD BUSINESS FOR THIS EVENING.

OKAY.

DO YOU HAVE ANY NEW BUSINESS HERE? UH, NO NEW BUSINESS, MR. CHAIR.

SO WE'RE

[10. COMMISSIONERS' COMMENTS]

DOWN TO COMMISSIONER'S COMMENTS.

OKAY.

THE ONLY COMMENT I HAVE IS NOW THAT WE'VE GOT TWO CASES ALREADY FOR NEXT MONTH, ARE THERE GONNA BE OTHERS ON TOP OF IT? ? UH, YES.

MR. TIMUS, WE ARE, UM, GOING TO HOPEFULLY BE ADVERTISING A AMENDMENT TO THE SUBDIVISION ORDINANCE.

OKAY.

UH, THE GENERAL ASSEMBLY, UM, IN THEIR LEGISLATIVE SESSION, UH, FOR THIS YEAR, UM, HAD LANGUAGE IN THE NEW LANGUAGE IN THE CODE RELATED TO REVIEW TIMES FOR, UH, SUBDIVISION CONSTRUCTION PLANS, SUBDIVISION PLATS.

UM, SO MR. DREWRY HAS DRAFTED A, AN ORDINANCE AMENDMENT RELATED TO THE SUBDIVISION ORDINANCE, UH, TO, UM, MAKE SURE WE'RE IN COMPLIANCE WITH THE NEW, UH, VIRGINIA CODE REQUIREMENTS AGAIN, THAT WERE ADOPTED BY THE GENERAL ASSEMBLY IN THIS YEAR'S SESSION.

UM, SO WE'LL WE SHOULD BE ADVERTISING THAT SUBDIVISION ORDINANCE AMENDMENT, UH, FOR CONSIDERATION AT YOUR SEPTEMBER 10TH MEETING.

ANY MORE COMMISSIONER'S COMMENTS? YEAH, I HAD A COUPLE.

I GUESS JUST REFLECTING ON THIS AND NOT, DO YOU, DO YOU ACTUALLY, UM, REQUIRE OR SUGGEST WHAT IS THE LANGUAGE YOU HAVE FOR AN APPLICANT IN REGARDS TO COMING TO THE PUB TO OUR PUBLIC HEARINGS? I MEAN, IS, I'M GUESSING IT'S NOT CODIFIED IN ANY SENSE.

NO, IT'S NOT CODIFIED IN THE ZONING ORDINANCE.

UM, WHEN WE DO MEET WITH APPLICANTS, WE CERTAINLY MAKE THEM AWARE OF ALL THE DATES, UH, FOR THE PLANNING COMMISSION MEETING WHEN THEIR, UM, APPLICATION WILL BE HEARD AND THEY ALSO RECEIVE, UM, APPLICANTS AS WELL AS PROPERTY OWNERS RECEIVE A, UM, LETTER, UM, AHEAD OF, UM, GENERALLY TWO WEEKS TO A WEEK AND A HALF, UM, PRIOR TO THE, UM, PUBLIC HEARING DATE.

UM, SO THEY ARE, UM, NOTIFIED BY STAFF, UM, AT THE TIME OF APPLICATION WHEN WE, UM, TAKE IN THE APPLICATION FROM THEM AND HAVE DISCUSSIONS WITH THEM, UM, WHEN WE MEET WITH THEM ABOUT THEIR APPLICATION.

AND AGAIN, WE,

[01:00:01]

THEY DO RECEIVE A LETTER, UM, IN THE MAIL.

UM, AND THAT'S PROBABLY, I WOULD THINK WHY MS. BUSH IS HERE THIS EVENING.

RIGHT.

SHE, I DO KNOW SHE RIGHT.

UH, WAS MAILED A LETTER RELATED TO THE, UH, SPECIAL EXCEPTION REQUEST.

DO YOU HAVE A SENSE, UH, WHEN YOU LOOK ACROSS THE COMMONWEALTH, I GUESS IN PARTICULAR, YOU KNOW, LOCALITIES WITHIN THE REGION, DOES ANYBODY CODIFY THAT? I, UM, I HAVE NOT SEEN THAT, UM, IN THE CODE GENERALLY.

UM, WHAT I DO SEE IN THE CODE IS THAT, UM, WE WILL WOULD, AS WE HAVE IN OUR CODE WITH CERTAIN, UM, APPLICATIONS, WE DO REQUIRE A PRE-APPLICATION MEETING, UM, WITH AN APPLICANT.

AND, AND THE OTHER THING I WAS GONNA SAY, KIND OF RELATEDLY, UM, UH, I HAVE TO ADMIT, I I I TOOK ME, I, I APPRECIATE YOU HELPING TO ORIENT WHEN I WAS ASKING A LOT OF QUESTIONS, RIGHT.

'CAUSE THAT KIND OF ULTIMATELY NEGATED PART OF WHAT I'M SAYING HERE THINKING ABOUT, BUT I, I KNOW IN THE PAST WE'VE HAD SOME CASES WHERE I FELT LIKE, AND I THINK WE ALL SORT OF AGREED THAT THE, THE CASES CAME WERE SORT OF HALF BAKED.

THEY REALLY WEREN'T WELL THOUGHT THROUGH.

AND I WAS GONNA SAY THAT ABOUT, BUT, BUT I TAKE THAT BACK.

I RECANT THAT, BUT IT, BUT IT KIND OF GOES TO MY QUESTION ABOUT WHETHER OTHERS CODIFY THIS BECAUSE I JUST FEEL LIKE A LOT OF TIMES THINGS COME AND IT'S JUST NOT READY.

YOU KNOW? AND IF YOU'RE NOT, IF YOUR APPLICANT'S NOT HERE, I THINK THAT'S, THAT'S PROBABLY YOU'RE NOT READY.

UM, SO I JUST, I JUST THROW THAT OUT JUST FOR CONSIDERATION.

I MEAN I KNOW CHESTERFIELD, I KNOW SOMEBODY COMPARED US TO CHESTERFIELD ONE TIME AND SAID THEY WERE, THEY FELT LIKE ALL THEIR REQUIREMENTS WERE ONEROUS.

BUT I WOULD SAY ON THE FLIP SIDE OF THAT WAS THEY WERE PROBABLY WELL PREPARED WHEN THEY GOT HERE AND IT'S RISK WITH THAT.

I MEAN, THERE'S RISK, I MEAN YOU SPEND SOME MONEY AND YOU END UP GETTING DENIED AND YOU'VE LOST MONEY.

I UNDERSTAND THAT, BUT UM, MAYBE THE, THAT'S THE COST OF DOING BUSINESS SOMETIMES TOO.

SO, MR. SHERIFF, I CAN ANSWER YOUR QUESTION.

UM, IT IN THE VIRGINIA CODE THOUGH, I DON'T THINK IT'S ANYTHING THAT WOULD ALLOW US TO POINT BLANKLY TELL THE APPLICANT HE HAS TO BE HERE.

WHAT IT IS IN THERE IN, IN 15.2204 IS WHAT MARK ALLUDED TO IS YOU, YOU'RE REQUIRED TO GIVE THE APPLICANT OF THE OWNER OF THE LAND NOTICE FIVE DAYS PRIOR.

SO IT'S A NOTICE REQUIREMENT IS, IS WHAT IT IS.

UM, AND I WILL HAVE TO SAY THAT, UH, IN THE OTHER JURISDICTIONS THAT I'VE BEEN AROUND, PEOPLE COME, IF THEY DON'T COME , IT'S, IT IS NOT GOOD RESULTS AND I'M NOT TELLING Y'ALL WHAT TO DO AND I THINK'S NOT A PROBLEM WITH THAT.

THAT DISCIPLINES THE, UM, IT'S A MATURING OF THE PROCESS IF YOU UNDERSTAND.

AND, UH, THEY KNOW THAT IF THEY DON'T DO X, Y, Z, WHY IT'S NOT CODIFIED THAT IT'S GOING TO HAVE NEGATIVE IMPACT ON THEM.

SO I JUST SAY THAT THAT'S HOW IT'S DONE IN OUTLOOK HEALTH.

WELL, WELL HONESTLY I WAS KIND OF THINKING ALONG THOSE SAME TERMS. UH, I WAS JUST CURIOUS IF ANYBODY HAD CODIFIED IT.

I WASN'T NECESSARILY GONNA RECOMMEND THAT, BUT, BUT A A MATURE A A MATCH OF TO WHATEVER GETTING MORE MATURE IS YOU HIT THE NAIL ON THE HEAD I THINK.

YEAH.

AND I KNOW I'M THE NEWEST GUY HERE, BUT, UH, I'M GETTING OLD AND I'M RUNNING, BUT I DON'T THINK, I'VE NOT SEEN THE APPLICANT HERE SINCE I'VE BEEN HERE.

I THINK EVERYBODY HAS BEEN HERE SO WE CAN BE ABLE TO ASK QUESTIONS.

I WAS KIND OF SHOCKED TONIGHT WHEN THEY WON'T.

UM, BUT I WAS GOING TO ASK ONE OF THEM QUESTIONS.

IS IT NORMAL FOR PEOPLE NOT TO SHOW UP? HAVE Y'ALL HAD THIS A LOT? I HAD IT A COUPLE TIMES.

YEAH.

THE LAST ONE I THINK I REMEMBER WAS THE OLD WILMER'S MOTEL UP IN MCKINNEY OR WHATEVER THAT MOTEL WAS CALLED.

YEAH, YEAH.

AND THERE WAS AN APPLICANT, WAS IT ACROSS THE ROAD THAT WANTED TO DO SOMETHING AND HE NEVER SHOWED UP FOR ANY OF 'EM.

YEAH, THAT'S THE ONE I WAS REFERRING TO.

IT, IT IS ACTUALLY JUST DOWN THE STREET.

JUST KIND OF DIDN'T UNDERSTAND THAT.

IT WAS ACTUALLY TWO MONTHS IN A ROW.

HE DIDN'T COME.

YEAH, HE ACTUALLY SENT ONE OF HIS EMPLOYEES THAT WORKS IN A BUSINESS THAT'S COMPLETELY UNRELATED TO, UH, TO UH, TO HOME BUILDING.

WELL, I, I KNOW STAFF AND MARK AND THEM ARE VERY UP ON EVERYTHING AND THEY'VE ASKED ALL THE RIGHT QUESTIONS, BUT IF SOMETHING DOES COME AVAILABLE BY THE APPLICANT NOT BEING HERE LATER ON, IF SOMETHING COME UP FROM A CITIZEN COMMENT, THEY'RE NOT HERE TO KIND OF GIVE US AN ANSWER ON WHAT TO DO.

THAT'S ONE OF MY BIG THINGS.

I THINK THEY SHOULD BE.

I AGREE WITH YOU.

IT'S IMPORTANT ENOUGH TO

[01:05:01]

GET US HERE IN ORDER TO BE IMPORTANT ENOUGH FOR THEM TO BE HERE IF ALL POSSIBLE.

SO ANYONE ELSE? WE NOW ADD THE PLANNING DIRECTOR'S COMMENTS.

UM, I HAVE NO ADDITIONAL COMMENTS.

WE MOTION TO ADJO .

I SECOND YOU DIDN'T GIVE HIM A CHANCE.

I SECOND, THIRD ONE.

.

WHO WAS THE SECOND ON THAT? I'M SORRY.

I WAS ALRIGHT.

ALRIGHT.

ALL IN FAVOR? AYE.

A WE ARE AUR THE BELABOR.