* 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. [00:00:03] GOOD EVENING EVERYONE. I'D LIKE [1. CALL TO ORDER] TO CALL OUR MAY, 2026 PLANNING COMMISSION, UH, TO ORDER. AND OUR FIRST, UH, AGENDA ITEM IS TO PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL THIS BE SEATED. MR. GURLEY ROLL CALL PLEASE. MR. SIMMONS? YES. MR. TIMUS? HERE. MR. HARBO? HERE. MR. TAYLOR? HERE. MS. BISHOP? HERE. MR. LANGLEY? HERE. AND MR. HAYES HERE. SEVEN MEMBERS ARE PRESENT. ALRIGHT FOLKS, [4. APPROVAL OF AGENDA] UH, YOU'VE HAD A CHANCE TO TAKE A LOOK AT THE AGENDA. UH, IS THERE ANY, UH, COMMENTS REGARDING AN, UH, UH, CHANGES OF THE AGENDA OR IF NOT A MOTION TO APPROVE MS. CHAIR? I DO HAVE ONE ITEM. UM, THE APPLICANT FOR THE TWO CASES THIS EVENING HAS, UH, GOTTEN IN TOUCH WITH US AND LET US KNOW HE'S COMING FROM OUT OF TOWN AND HE THINKS HE'S GONNA BE A LITTLE BIT LATE. SAID HE'D BE HERE. HE HOPES BY SEVEN 20. OKAY. SO I WAS WONDERING IF WE GET TO THE PUBLIC HEARING PORTION OF THE AGENDA. UM, IF HE'S NOT HERE, MAYBE WE COULD ADJOURN FOR FIVE MINUTES OR SO. I, UH, I APPRECIATE THE COMMENT. UH, I APPRECIATE THE PERSON CALLING AHEAD AND LETTING US KNOW THAT. AND, UH, UH, ANY, ANY THOUGHTS ON THAT? IF, IF SO WE HAVE A, A A, A MOTION TO AT LEAST, UH, AMEND THE AGENDA TO INCLUDE, UH, MARK'S, UH, CONSIDERATION. AND THAT JUST AS A POINT OF CLARIFICATION, THERE'LL BE A RECESS, NOT AN ADJOURNMENT. YEAH, I'M SORRY. AN ADJOURNMENT. WE WOULDN'T GET TO CONTINUE THE MEETING. GOTCHA. SO, YEAH, SO WE HAVE A, A MOTION TO, UH, HAVE A BRIEF RECESS HERE IN A FEW MINUTES. ANYONE WANNA MAKE A MOTION FOR THAT? SO MOVED. THANK YOU. SECOND. THANK YOU. MR. LEY. WAS THAT MR. SIMMONS? I'M SORRY. OR MR. TAYLOR? YES. MR. ALRIGHT. MR. TAYLOR? YES. MR. HARVILLE? YES. MR. SIMMONS? YES. MS. BISHOP? AYE. MR. TIP, MISS. YEAH. MR. LANGLEY AYE. AND MR. HAYES? YES. SEVEN MEMBERS PRESENT. VOTING ON. ALRIGHT, SO WE'LL [5. APPROVAL OF MINUTES] GO AHEAD AND GO THROUGH OUR NEXT, UH, TWO ITEMS HERE PRIOR TO ANY POTENTIAL RECESS. UM, ITEM NUMBER FIVE IS OUR APPROVAL FROM LAST MONTH'S, UH, MINUTES. SO ANYBODY HAVE ANY COMMENTS, CORRECTIONS, OR I MOVE THAT WE ACCEPT THE MINUTES AS WRITTEN? I'LL SECOND THAT. EXCELLENT. MR. LEY? MS. MR. TUS? YES. MS. BISHOP? AYE. MR. SIMMONS? YES. MR. LANGLEY? AYE. MR. TUCKER? I'M SORRY. . I GOT . OLD HABITS. HORRIBLE. I THINK THAT WAS ALL. ME TOO, RIGHT? MR. HARVILLE? YES. MR. LANGLEY AYE. AND MR. HAYES? YES. SEVEN MEMBERS PRESENT VOTING. AYE. SO WE DO HAVE A PUBLIC HEARING HERE THAT WE'RE WAITING ON THE APPLICANT FOR JUST A FEW MINUTES, BUT IN THE MEANTIME WE DO HAVE OUR CITIZEN COMMENTS THAT ARE INTENDED, UH, FOR FOLKS TO BE ABLE TO SPEAK ON ANY TOPIC OTHER THAN THE ACTUAL PUBLIC HEARING TONIGHT. SO, IS ANYONE, UM, SIGNED UP, MR. GURLEY OR ANYBODY WISHING TO SPEAK IN THE CITIZEN COMMENTS? THERE'S NO ONE SIGNED UP, MR. CHAIR. SO I GUESS Y'ALL ARE PROBABLY HERE FOR THE, UH, FOR THE CASE AND THAT'S GREAT. GLAD TO SEE YOU. BUT IN THE MEANTIME, UH, ONE LAST CHANCE. ANY CITIZEN COMMENTS? ALRIGHT, SO AS RECOMMENDED BY MR. BASSETT EARLIER, UH, WE ARE EXPECTING MAYBE 15 MINUTES. THAT'S CORRECT, MR. CHAIR. SO EVERYBODY OKAY WITH THAT? YEAH. SO, UH, WE'VE ALREADY HAD THAT MOTION APPROVED, SO LET'S JUST TAKE A BRIEF RECESS, UH, UNTIL SUCH TIME AS THE APPLICANT, UH, ARRIVES EXPECTED IN 15 MINUTES AND WE'LL GO FROM THERE. LET'S GO AHEAD AND CALL OUR RECESS ADJOURNED. [7. PUBLIC HEARING] WE'RE BACK TO, UH, THE PUBLIC HEARING CASE, P DASH 26 DASH ONE AND, UH, I GUESS, UH, UH, MR. BASSETT, ARE YOU PRESENTING THAT? YES, MR. CHAIR. THANK YOU, SIR. GOOD EVENING, MS. CHAIR. PLANNING AND COMMISSIONERS. UH, THE FIRST CASE THAT WE'RE HEARING THIS EVENING IS P DASH 26 DASH ONE. THE APPLICANT IS MAHMUD ALAN, AND THE REQUEST [00:05:01] IS TO REZONE, UH, ONE OF THE FOUR PARCELS ON THE SUBJECT PROPERTY. UM, THE PROPERTY IS CURRENTLY ZONED RESIDENTIAL LIMITED R ONE AND THE APPLICANT HAS REQUESTED TO REZONE THE SUBJECT PROPERTY TO BE BUSINESS B, GENERAL B TWO. AND AGAIN, IT IS ONE OF FOUR PROPERTIES. UH, IT'S THE PROPERTY FURTHEST TO THE, UH, WEST. IT'S TWO POINT APPROXIMATELY 2.44 ACRES. UM, THE SURROUNDING LAND USES OF THE SUBJECT PROPERTY, UH, IF YOU GO ACROSS THE STREET FROM WHAT WAS FORMALLY ON THE SUBJECT PROPERTY, THE BT HARGRAVE BUSINESS, UH, IF YOU GO AGAIN ACROSS COURTHOUSE ROAD, UM, THERE'S THE CURRENT INSTITUTIONAL USE, THE POST OFFICE, AND THEN THE PROPERTY JUST WEST OF THAT, UM, WAS THE FORMER POST OFFICE. AND THEN AS YOU GO FURTHER, UH, WEST, UM, ACROSS COURTHOUSE ROAD, THERE'S A RESIDENTIAL ZONED PROPERTY RESIDENTIAL USE. AND THEN, UH, TO THE NORTHWEST, UH, THE ADJOINING PROPERTY, UM, ON THE SAME SIDE OF COURTHOUSE ROAD IS RESIDENTIAL USE AND IS OWNED R ONE RESIDENTIAL. AND THEN OF COURSE, TO THE EAST OF THE SUBJECT PROPERTY, UH, IMMEDIATELY AGAIN ARE THE THREE PARCELS, UM, THAT ARE PART OF THE EXISTING PROPERTY, UM, THAT ARE ALL CURRENTLY ZONED. B TWO BUSINESS GENERAL. AND THEN YOU HAVE THE RAILROAD RIGHT OF WAY FURTHER EAST THAT'S ZONED B ONE, UH, BUSINESS. UM, IF YOU GO TO THE ZONING ORDINANCE AND LOOK AT THE ZONING CLASSIFICATION OF BUSINESS GENERAL B TWO, WHICH OF COURSE IS THE PROPOSED ZONING OF THE PROPERTY, UM, THE GENERAL PURPOSE STATEMENT, UH, IN THE ZONING ORDINANCE INDICATES THAT, UM, THE B TWO ZONING CLASSIFICATION GENERALLY COVERS THAT PORTION OF THE COMMUNITY INTENDED FOR THE CONDUCT OF GENERAL BUSINESS TO WHICH THE PUBLIC REQUIRES DIRECT AND FREQUENT ACCESS, BUT WHICH IS NOT CHARACTERIZED EITHER BY CONSTANT HEAVY TRUCKING OTHER THAN STOCKING AND DELIVERY OF LIGHT RETAIL GOODS OR BY ANY NUISANCE FACTORS OTHER THAN OCCASION BY INCIDENTAL LIGHT NOISE OF CONGREGATION OF PEOPLE AND PASSENGER VEHICLES. THIS INCLUDES SUCH USES AS RETAIL STORES, BANKS, THEATERS, BUSINESS OFFICES, NEWSPAPER OFFICES, PRINTING PRESSES, RESTAURANTS, TAVERNS AND GARAGES AND SERVICE STATIONS. GIVEN THAT THE IMMEDIATE SURROUNDING PROPERTY IS ALREADY ZONED B TWO BUSINESS GENERAL AND USED FOR COMMER COMMERCIAL USE, THE SUBJECT PROPERTY IS WELL SUITED FOR THE B TWO BUSINESS GENERAL ZONING. AS INDICATED IN THE DENWOODY COUNTY COMPREHENSIVE LAND USE PLAN, THE SUBJECT PROPERTY IS LOCATED WITHIN THE TOWN CENTER AREA OF THE DENWOODY COURTHOUSE DEVELOPMENT AREA, WHICH ALLOWS COMMERCIAL USES FOR THIS GENERAL AREA. THE B TWO ZONING DISTRICT DOES ALLOW FOR LIMITED COMMERCIAL USES THAT ARE COMPATIBLE WITH THE EXISTING SCALE OF THE DEVELOPMENT IN THIS GENERAL AREA. SECTION 22 180 5, UH, 4 46 OF THE DIM WITTY COUNTY ZONING CODE ALLOWS FOR THE LOCATION OF THIS PROPOSED USE TRACTOR TRAILER SERVICE STATION WITHIN THE B TWO BUSINESS GENERAL ZONING DISTRICT PROVIDED THAT A CONDITIONAL USE PERMIT IS APPROVED. UM, LOOKING AT OUR OVERVIEW OF IMPACTS, UH, THAT WE, UH, TALKED WITH THE DEITY COUNTY LAND DEVELOPMENT COMMITTEE, UM, ABOUT, UM, PUBLIC, THE PROPERTY IS NOT SERVED BY PUBLIC WATER AND SEWER. THE VIRGINIA DEPARTMENT OF HEALTH WILL HAVE TO APPROVE ANY ONSITE WATER AND SANITARY SEWER SYSTEMS. FIRE AND EMS WILL SERVE THE PROPERTY FROM DIMITY STATION ONE TRANSPORTATION. VDOT DID SUBMIT, UH, COMMENTS RELATED TO THE, THE SUBJECT REZONING AND INDICATED THAT ROUTE SIX 19 COURTHOUSE ROAD HAS A FUNCTIONAL CLASSIFICATION OF A MAJOR COLLECTOR AND AN AVERAGE DAILY TRAFFIC COUNT OF 1,700 VEHICLES PER DAY. AND WITH A POSTED SPEED LIMIT OF 25 MILES PER HOUR, BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION PACKAGE, A COMMERCIAL ENTRANCE WILL BE REQUIRED TO PROVIDE ACCESS TO THE PROPOSED USE. THE SITE IS CURRENTLY AS ASSESSED BY MULTIPLE [00:10:01] ACCESS BY MULTIPLE ENTRANCES. IT IS UNLIKELY, IT IS LIKELY THAT AT LEAST ONE OF THE EXISTING ENTRANCES WILL MEET THE CRITERIA FOR COMMERCIAL ENTRANCE ONLY. COMMERCIAL ENTRANCES THAT PROVIDE THE REQUIRED INTERSECTION SITE DISTANCE IN ACCORDANCE WITH APPENDIX F OF THE VDOT ROAD DESIGN MANUAL WILL BE ALLOWED TO BE USED FOR ACCESS TO THE PROPOSED USE. COMMERCIAL ENTRANCE SPACING STANDARDS MUST BE MET IN ACCORDANCE WITH THE SPACING STANDARDS ALSO CONTAINED IN APPENDIX APPENDIX F PDOT. THEIR FINAL COMMENT, PDOT INDICATED THAT THEY HAVE NO OBJECTION TO THE PROPOSED CONDITIONAL USE STAFF. RECOM IS RECOMMENDING APPROVAL OF THE REQUEST TO REZONE THE SUBJECT PROPERTY GIVEN THAT THE REQUESTED ZONING CLASSIFICATION B TWO BUSINESS GENERAL IS COMPATIBLE WITH THE SURROUNDING ZONING PATTERN AND SURROUNDING LAND USES THE EXISTING BUSINESS GENERAL USES AND ZONING ON THE ADJOINING PROPERTY DIRECTLY TO THE EAST AND SOUTHWEST. AND THE REQUESTED B TWO ZONING CONFORM TO THE UNDERLYING USES RECOMMENDED IN THE TOWN CENTER AREA OF THE DIMITY COUNTY COURTHOUSE DI WITTY COURTHOUSE DEVELOPMENT AREA, THE COMPREHENSIVE LAND USE PLAN. UM, WE ALSO HAVE THE, UH, PLANNING COMMISSION RECOMMENDATION, THE RESOLUTION FOR YOU ALL TO READ. THAT'S ALL I HAVE RELATED TO THE STAFF REPORT. BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AT THIS TIME. ANY QUESTIONS FOR MR. BASSETT RIGHT NOW? NO. THANK YOU FOR THE REPORT. OKAY. THANK YOU MR. CHAIR. UM, AND I, I TAKE IT THE APPLICANT HAS ARRIVED, SO, UH, THERE'S ANYTHING, UH, AT THIS POINT YOU'D LIKE TO ADD TO WHAT MR. BASSETT IS PRESENTING? SURE. YOU'RE COMING UP AND, UH, PLEASE, UH, GIVE YOUR NAME AND ADDRESS FOR OUR RECORD, BUT, UH, GOOD EVENING GUYS. I APOLOGIZE FOR MY LATENESS. I CAME ALL THE WAY FROM COLUMBIA, UH, MARYLAND LEFT AT THREE 30 AND GOT CAUGHT UP WITH TRAFFIC, UH, AND RAIN. I, I REALLY APOLOGIZE. UM, I REALLY APPRECIATE THIS OPPORTUNITY TO BE HERE. UH, AND TO GET THIS PROPERTY WOULD BE A HUGE, UM, BLESSING FOR ME. UM, MY NAME IS MAHMUD ALLIAN. I LIVE AT 2 7 3 SOUTHWEST. UM, SORRY, I'M NERVOUS. . OKAY. I LIVE IN COLUMBIA, MARYLAND, 11 2 3 9 SNOWFLAKE COURT, UH, COLUMBIA, MARYLAND 2 1 0 4 4. UM, MY OPENING STATEMENT WAS SUPPOSED TO BE THIS, BUT I'M JUST SO LATE AND I OWN A SMALL TRUCKING COMPANY CALLED A OE TRUCK FOOT LOGISTICS. WE ARE HUMBLY REQUESTING A REZONING OF THE PARCEL FOR FIVE SEVEN A DASH 3 24 FORM R ONE RESIDENTIAL LAND TO B TWO AND CONDITIONAL, A CONDITIONAL, UH, CONDITIONAL USE PERMIT FOR A LOCAL LOGISTICS SUPPORT FACILITY ACROSS THE ENTIRE 4.36 ACRE PROPERTY LOCATED IN 1 4 4 1 7 COURTHOUSE ROAD. THE PURPOSE OF THE USE FOR US INCLUDES SECURE TRUCK PARKING, LIGHT DUTY TRACTOR MAINTENANCE AND STORAGE SERVICES, UU UH, UTILIZING THE EXISTING BUILDINGS IN THE PREVIOUS, UH, DISTRIBUTED AREAS ON THE PROPERTY. NO MAJOR SITE EXPANSION OR INTENSIVE DEVELOPMENT IS PURPOSED. OUR GOAL IS TO CREATE A CLEAN, ORGANIZED AND PROFESSIONAL MANAGED PROPERTY THAT SUPPORTS THE LOCAL TRANSPORTATION OPERATIONS WHILE MINIMIZING IMPACTS ON SURROUNDING PROPERTIES AND TRAFFIC. AND THAT WAS MY STATEMENT, GONNA BE MY STATEMENT, BUT I APOLOGIZE THAT I WAS LATE AND I'M SORRY. UM, IF, IF, I'LL STAND HERE IF YOU HAVE ANY OTHER QUESTIONS, BUT THAT'S THE MAIN OBJECTIVE. I OWN A SMALL TRUCKING COMPANY. I HAVE SIX TRUCKS. UM, THIS AREA DOES HAVE WITHIN THE VICINITY OF 15 MILES IS THERE'S A AMAZON DISTRIBUTION CENTER, UH, ALDI DISTRIBUTION CENTER AND, UM, A WALMART DISTRIBUTION CENTER. AND, UM, IT NEEDS A FULFILLED THAT NEED. UH, I DO A LOT OF, UM, UH, TRANSPORTATION FOR THEM AROUND THIS AREA AND IT WOULD BE MORE BENEFITING FOR ME, ME COMING FROM MARYLAND IF I HAD OPERATIONS WHERE I COULD START FROM HERE. UM, AND ALSO I'M OPEN FOR THE LAND TO HELP OUT THE COMMUNITY IN ANY WAY. IT'S A LOT OF LAND. I DON'T NEED ALL THAT FOR 10 TRUCKS OR SIX TRUCKS. IF THERE WAS ANYTHING THAT THE COUNTY NEEDED TO PLACE THERE TO PUT THERE, I I'M OPEN TO THAT BECAUSE Y'ALL HELPING ME OUT. UM, OTHER THAN THAT, WE'RE GONNA DO LIGHT MAINTENANCE. UH, WE WOULD PARK OUR TRUCKS THERE. I DON'T FORESEE [00:15:01] ME GETTING ANY MORE THAN BIGGER THAN 10 TRUCKS. AND RIGHT NOW I'M ONLY SITTING AT SIX TRUCKS. BUT I'LL STAND HERE IF Y'ALL HAVE ANY OTHER QUESTIONS AND I APPRECIATE THE OPPORTUNITY. THANK YOU, SIR. ANY QUESTIONS FOR THE APPLICANT RIGHT NOW? ALRIGHT, THANK YOU. WE'LL, WE'LL CONTINUE ON OUR PUBLIC HEARING AND WE GIVE YOU A CHANCE TO MAYBE TALK A LITTLE BIT AFTER THE PUBLIC HEARING. YES, SIR. THANK YOU. THANK YOU. SO WOULD LIKE TO, UH, OPEN UP THE PUBLIC HEARING FOR THIS CASE? AND, UH, UH, I GUESS, UH, ALVIN, YOU'VE GOT THE, UH, STATEMENT I NEED TO READ, RIGHT? YES, PLEASE. I THINK YOU HAVE IT THERE, MR. CHAIR. YEP. SO, UM, IF Y'ALL SIGNED UP, UH, WE'LL CALL YOU IN JUST A SECOND, BUT, UH, WE DO HAVE A STANDARD STATEMENT THAT WE TYPICALLY READ, UM, IN PUBLIC HEARINGS. UM, THIS PUBLIC HEARING COMMENT TIME, YOU'LL SEE THE CLOCK HERE, THREE MINUTES PER, UH, FOLKS THAT GET UP IS PROVIDED FOR CITIZENS TO HAVE THEIR VIEWS HEARD. YOUR COMMENTS DURING THIS TIME MUST BE CONFINED TO THE CASE AND ARE LISTED THAT ARE LISTED ON THE AGENDA AND SHOULD NOT BE CUMULATIVE OR REPETITIVE. AND PLEASE ASK, WILL WE ASK YOU TO ADDRESS THE COMMISSION WITH DECORUM? UM, DECORUM LOUD, DISRUPTIVE, OR AGGRESSIVE BEHAVIOR TO INCLUDE OFFENSIVE LANGUAGE SHOULD BE AVOIDED. ALSO, AVOID ANY ACTS TENDING TO EVOKE VIOLENCE OR DEEMED TO BE A BREACH OF THE PEACE. PLEASE NOTE THAT THIS TIME IS NOT INTENDED TO BE A QUESTION AND ANSWER PERIOD FOR EITHER I, US OR THE STAFF. BUT CITIZENS WHO DO TAKE PART IN THIS COMMENT PERIOD SHOULD DIRECT ALL COMMENTS, UH, TO ME AS CHAIRMAN TONIGHT. SO WITH THAT IN MIND, WE'LL START WITH THE LIST YOU HAVE. MR. G, HAS ANYONE SIGNED UP TO SPEAK? JOHN ELMORE? MR. ELMORE, IF YOU WOULDN'T MIND STATING YOUR NAME AND ADDRESS FOR OUR RECORD, PLEASE. UH, MY NAME'S JOHN ELMORE. I LIVE AT 14 490 COURTHOUSE ROAD. UH, I LIVE RIGHT ACROSS THE STREET PRETTY MUCH FROM WHERE THIS IS GONNA BE AT. I, SO, UH, WE'RE CONCERNED. AND, UH, WITH THE TRAFFIC, LIKE YOU SAID, YOU GOT 1700 CARS COMING UP AND DOWN THE ROAD EVERY DAY. UM, SO THIS IS GONNA ADD TO THAT ALSO, WE'RE TALKING ABOUT YOU TRACTOR TRAILERS COMING UP AND DOWN THE ROAD EVERY DAY. UM, YOU KNOW, UH, A TRACTOR TRAILER CAN'T MAKE IT DOWN THAT ROAD ON ONE LANE. UH, NORMALLY YOU SEE IT TAKING UP BOTH LANES TRYING TO GET DOWN THE ROAD. SO WE'RE GONNA BE BATTLING THAT AS, AS, UH, THIS PROGRESSES. UM, SO THAT'S A CONCERN ALSO TOO, UH, WE HAVE A CONCERN WITH, UH, IF YOU'RE PUTTING A COMMERCIAL BUSINESS THERE, UM, TRUCKS BEING WASHED, REPAIRED, UH, WHAT, HOW IS IT GONNA AFFECT A WATER TABLE IN THE AREA? 'CAUSE UM, THE WATER TABLE IN THAT AREA, YOU KNOW, IT'S, IT'S A LOW WATER TABLE. SO THAT'S A CONCERN FOR ME AS WELL. UM, OTHER THAN THAT, THAT'S ABOUT IT. UH, THE TRAFFIC NOISE AND, AND, AND THAT, AND THAT WATER TABLE AND, AND TRYING TO GET UP AND DOWN THE ROAD AND NOT DEALING WITH THE EXTRA TRAFFIC. SO. OKAY. WELL, THANK YOU VERY MUCH. YES, SIR. MILTON HARGRAVE. MR. HARRE, GOOD EVENING. THE NAME AND ADDRESS. THANK YOU FOR THE OPPORTUNITY. I'M GONNA MAKE AN APOLOGY TOO. I DON'T HEAR WORTH A HAPPY HOOT. AND, UH, I'M REALLY DISAPPOINTED IN THE, AND BEND THE BOARD MEETINGS IN THE, IN THE ACOUSTICS IN THIS ROOM, BUT WE CAN'T HELP IT. SO HELP ME IF YOU SPEAK TO ME, SPEAK LIGHT AND STRAIGHT AT ME. I, UH, I DON'T HAVE A LONG LIST OF CONCERNS. MY MAJOR CONCERN IS THE SURROUNDING HOMEOWNERS. THE CONCERN WITH THAT IS, OF COURSE, ENVIRONMENTAL CONTROLS WILL TAKE CARE OF CONTROL OF ANY DUST OR ODORS OR ANY OF THOSE THINGS. BUT I, I AM WORRIED ABOUT ACTIVITIES THAT CROSS OVER THE EVENING, DINNERTIME THAT CAN BE NOISY, OR LIGHTS THAT CAN GO ON INTO THE NIGHT AND BOTHER THE PEOPLE THAT LIVE ADJACENT. THAT'S NOT A LOT OF PEOPLE, BUT THERE ARE, AND IT'LL PROBABLY THICKEN UP AS YEARS COME BY. I'M LIVING ACROSS THE ROAD DIAGONALLY, BUT NOT, UH, ADJACENT LAND OWNER. MY NEIGHBOR IS A I'M A HOUSE AWAY. BUT, UH, THE ZONING OF BUSINESS UNDOUBTEDLY WAS DONE. I WAS ON THE BOARD OF SUPERVISORS HERE WHEN THE ZONING WAS ADOPTED BY THE COUNTY BACK IN THE SIXTIES. SOMETHING EIGHT, NO, 80 WAS ZONING. I THINK THE, THE CODE WAS ADOPTED IN THE SIXTIES, AND OF COURSE, BUSINESSES EXISTED [00:20:01] AND LIKELY THAT BUSINESS EXISTED DUE TO THE RAILROAD SERVICE. THERE WAS A DEPOT THERE. THE LABOR RAIL OWNS AN AREA FOOT OF HERE THAT, UH, HAD A DEPOT. AND THERE WASN'T ANY TRUCKING REALLY, IF THOSE DAYS. FERTILIZER CAME BY RAIL, THE DOOR SOLD FERTILIZER. THEY WENT ON THEIR TRUCKS AND 200 POUND BAGS AND OUT TO THE FARMERS. ALL OF THAT'S CHANGED, CHANGED FOR THE WORST, YOU KNOW, THAT OPEN HANDLING OF THE FERTILIZER, THE THINGS THAT FOLLOWED THE BUYING OF PEANUTS AND CONVEYING DUST AS IT EVOLVED. IT NEVER WAS TERRIBLY HAPPY. AND MY UNCLE RAN THE PLACE, BUT, UH, FOR A NUMBER OF YEARS FROM THE EARLY THIRTIES UNTIL HE DIED. BUT, UH, FRIENDLY TO THE NEIGHBORS. AND THOSE THINGS, LIKE I MENTIONED, AREN'T FRIENDLY LATE LIGHTS, DUST ODORS, NOISE BANGING, THINGS LIKE THAT. I REALLY HAVE ONLY ONE OTHER THING, AND I SHARE THE PREVIOUS THOUGHTS WITH THE ROADS. THAT'S A STATE'S PROBLEM. BUT THE, THE, UH, THE BRIDGE NEEDS TO GO AWAY. I DON'T THINK IF THEY RUN THAT HIGH, THAT HIGH SPEED RAIL THROUGH HERE, THAT'LL BE ON THAT TRA ON THAT PATH. I DON'T THINK IT'LL EVER GET IT RUN. I THINK THE ENGINEERS, UH, JUST KEEP DESIGNING AND CHANGING. BUT THAT'S ME. I'M 90 YEARS OLD. I HAVEN'T GOT MUCH MORE TIME TO THINK. BUT, UH, IT IS A REAL SAFETY PROBLEM. AND THE POST OFFICE ACROSS THE ROAD USED TO FUNCTION OUT OF THE STORE THAT BURNED. IT WAS BUILT INTO THE CORNER OF THE STOVE. AND THE RAILROAD, OF COURSE, SERVED A LOT OF DELIVERS OF THINGS OTHER THAN FERTILIZER TO THE, IF YOU WANTED TO SEND A WRITTEN COM COMMUNICATION TO WASHINGTON, DC YEARS AGO WHEN THAT SCORE WAS, YOU WENT IN THERE AND WENT ON A TELEGRAPH LINE DOWN THE RAILROAD, THE DEPOT OPERATOR. SO, MR. HARGRAVE, WE'RE AT INTO YOUR THREE MINUTES. ANYTHING ELSE YOU GOT TO WRAP UP? OKAY, I, I REALLY AM THROUGH WITH THE SUBJECT. THANK YOU. THANK YOU FOR THE OPPORTUNITY. YES, SIR. THANK YOU. I I WANT TO SAY, I, I OPPOSE THE ZONING AS I HAVE INDICATED IN THE CHIP BAIN. GOOD EVENING, CHIP BAIN. 14 6 0 8 SLEEPY HOLLOW ROAD, DENWOODY, VIRGINIA. UH, WE ALSO OPPOSE IT. WE OWN A PROPERTY ON THE OTHER SIDE OF THE RAILROAD FROM IT. A LOT OF QUESTIONS. UM, MAYBE Y'ALL COULD HELP US HERE. HAVE, DO THE RAILROADS SELL THE PROPERTY OR DO THEY STILL OWN IT? BESIDE THAT? THAT'S SHOWN ON THE MOUNT. THAT'S THE RAILROAD STILL OWNS IT. UM, THE VIRGINIA DEPARTMENT OF RAILWAYS OKAY. OWNS IT NOW. ALL RIGHT. THE, THE RAILROAD RIGHT OF WILL, WILL, IF YOU'LL NOTICE DIRTS BEEN SHOVED OVER ON TO THE RAILROAD PROPERTY WHEN ALL, EXCUSE, EXCUSE ME, WHEN ALL OF THE RAILROAD, YOU KNOW, IT WAS, UM, IT WAS A SPUR THERE. SO THE RAILROAD IS PRETTY WIDE. AND THEN LIKE MR. GRA SAID, THERE WAS A DEPOT, WHICH MAKES THAT EVEN COME OUT INTO THAT AREA EVEN WIDER. SO A LOT OF DIRT HAS ALREADY BEEN PUT THERE ON RAILROAD PROPERTY. UM, I DON'T KNOW WHO'S POLICING THIS OR, OR WHERE DID THE DIRT COME FROM? DOES ANYBODY KNOW? IT WAS A BIG MESS. IT WAS KIND OF A RAINY SPELL, BUT EVERYBODY IN THE NEIGHBORHOOD WAS WONDERING, THAT'S ONE CONCERN RIGHT THERE BEFORE THIS, YOU KNOW, GOES ANY FURTHER. BUT, UH, YOU KNOW, 10 TRUCKS, UH, WHO'S GONNA POLICE THAT? WHO'S GOING AT WHOSE EXPENSES IS GOING TO MONITOR IT? WHO'S GOING TO TOW 'EM AT THE COUNTY'S EXPENSE? YOU KNOW, I DON'T THINK WE HAVE ENOUGH DEPUTIES TO POLICE THAT ON MONITOR THAT. I THINK WE'RE GETTING READY TO OPEN UP A CAN OF WORMS. IT DOESN'T NEED TO BE OPENED UP. WE'VE GOT A HISTORIC COURTHOUSE, UM, THAT YOU COULD HIT A GOLF BALL TO FROM THIS, UH, PROPOSED FACILITY. AND, UH, YOU'VE GOT A LIBRARY THERE IN A NEIGHBORHOOD THAT'S PEACE AND QUIET. UM, S-CURVES WITH BIG TREES ON BOTH SIDES. AND, UH, IF YOU'VE EVER WITNESSED TWO SCHOOL BUSES MEET THERE BETWEEN NUMBER ONE AND THIS PROPOSED AREA, THEY PRETTY MUCH STOP AND CREEK PAST EACH OTHER WHEN THEY MEET. SO IT'S, IT'S, [00:25:01] UH, A LOT OF REASONS TO TURN THIS DOWN. YOU KNOW, THE NOISE AT NIGHT, COMING AND GOING AND, UH, IT IS, IT IS JUST NOT THE PLACE FOR IT. UM, YOU KNOW, AND, AND 10, I CAN'T IMAGINE IT. I KNOW HE SAYS 10. NOW WHO'S GOING TO POLICE IT IF WE RIDE BY THERE AND IT'S 50, WHAT DO WE DO? WHERE DO WE GO? WHAT DO WE CHARGE HIM WITH? YOU KNOW, IT'S REALLY CLOSE TO, I'M, I'M JUST WONDERING, HOW CLOSE IS THIS TO A TRUCK STOP OR GOING TO BE TRUCK. TRUCK STOP. AND YOU KNOW WHAT KINDA GOES ALONG WITH TRUCK STOPS? MR. BA, YOU GOT TO THE END OF THREE MINUTES. IF YOU CAN WRAP UP PLEASE. OKAY. ALRIGHT. BUT WE ARE DEFINITELY OPPOSED TO IT AS AN ADJOINING LAND OUT ON THE OTHER SIDE OF THE RAILROAD. THANK Y'ALL FOR LETTING ME SPEAK. THANK YOU, SIR. MR. GR, MR. CHAIR, THERE'S NO ONE ELSE SIGNED UP TO SPEAK. ALRIGHT. WE APPRECIATE Y'ALL'S COMMENTS, BUT, UH, IS ANYONE ELSE THAT WOULD LIKE TO SPEAK? YES, SIR. I TOLD MR. GR I WAS TO SPEAK AS THE CURRENT PROPERTY HONOR. I DIDN'T SIGN, SIR. NO, YOU, YOU'RE FINE. NOT TO SIGN UP, BUT JUST COME ON UP AND TELL US YOUR NAME AND ADDRESS AND, UH, MY NAME'S AUSTIN JOHNSON. ADDRESS IS, UH, 9 9 0 8 BOY SAW ROAD, SOUTHERN VIRGINIA, 2 3 8 8 5. UH, I CURRENTLY OWN THE PROPERTY AT 14 407 COURTHOUSE ROAD. I APPRECIATE Y'ALL HERE TONIGHT, UH, FOR THIS. I APPRECIATE THE COMMUNITY COMING OUT TO SPEAK ON IT. UM, IN THIS CURRENT USE, I OWN IT AS PT HARGRAVE, I OPERATED, THEN WE DID MUL MORE AT THAT, THAT FACILITY WE HAD, UH, OUR AVERAGE TRAFFIC, UH, DURING BUSY SEASON WAS 60 VEHICLES A DAY JUST TO MY BUSINESS ALONE THAT DIDN'T CROSS THE BRIDGE. SO I CANNOT SPEAK WHAT HAPPENED ON THE OTHER SIDE OF THE BRIDGE. BUT PEAK SEASON FOR US, WHICH WAS MONTH OF APRIL TO SEPTEMBER, WE HAD ROUGHLY 60 TRANSACTIONS A DAY, WHICH WERE 60 VEHICLES COMING IN AND OUT OF THERE. UM, WE HAD MULTIPLE TRACTOR TRAILERS IN AND OUTTA THERE NUMEROUS TIMES. I'VE GOT PICTURES AND VIDEOS I COULD SHOW. WE HAD ONE TIME, 10 TRUCKS IN THERE AT ONE TIME DROPPING OFF. UH, SO I DON'T BELIEVE THAT THE TRAFFIC IS GONNA BE AS BIG OF AN ISSUE AS PEOPLE SEEING, UM, THE ROAD'S HAND LIT. VDOT APPROVED IT AND IT IS A VDOT PROBLEM. I BELIEVE THAT WAS STATED HERE BEFORE. UH, AND AS FAR AS NOISE, I CAN'T SPEAK TO WHAT HIS PLANS ARE AS FAR AS NOISE, BUT I CAN ASSURE YOU THAT WE MADE A LOT OF NOISE THERE. UM, AND I NEVER GOT A COMPLAINT FROM ANY OF MY NEIGHBORS. UM, NOW WE ONLY OPERATED DURING NORMAL BUSINESS HOURS. I, LIKE I SAID, I CAN'T SPEAK TO WHAT HE'S GONNA DO THERE, BUT THERE'S OTHER NOISE IN THE NEIGHBORHOOD THAT CARRIES VERY FAR. UM, DUST CARRIES FROM A NEIGHBORING PROPERTY VERY FAR, NOT FROM US, FROM OTHER ACTIVITIES. AND, UH, WHEN WE WERE THERE, YOU KNOW, WE OPERATED DIRT, ROCK, GRAVEL, MULCH, THINGS THAT ARE DUSTY AND NOISY. UM, LIKE I SAID, NEVER HAD A COMPLAINT FROM ANY OF OUR NEIGHBORS. WE NEVER HAD ANY ISSUES, NEVER HAD ANY ACCIDENTS, UH, NONE THAT WERE OF ANY FAULT OF US OR VEHICLES COMING TO AND FROM US. UM, I BELIEVE IN MY TIME OF OWNING THE PROPERTY, WHICH HAS BEEN THREE OR FOUR YEARS NOW, IT WAS ONLY ONE ACCIDENT AND IT HAD NOTHING TO DO WITH ANY OF US. IT WAS ACTUALLY THE HIGH SPEED CHASE THAT CAME THROUGH THERE. UM, YOU CAN'T, YOU KNOW, YOU CAN'T PREDICT THOSE THINGS. NOW, UM, AS FAR AS THE DIRT ON THE PROPERTY, THE PROPERTY WAS SURVEYED. UM, AND THAT HAS BEEN ADDRESSED. I, I DID GET IN SOME TROUBLE FOR THAT. THAT'S BEING TAKEN CARE OF BY SOMEONE THAT IS BEING POLICED. SO THERE ARE PEOPLE IN THE COUNTY DOING THEIR JOBS, POLICING THESE THINGS. SO THAT'S BEING TAKEN CARE OF AT A DIFFERENT LEVEL. UM, SO I APOLOGIZE FOR THAT AND, UH, I APOLOGIZE IF I UPSET ANYBODY HERE WITH A FEW THINGS THAT I HAD TO SAY. BUT I APPRECIATE ALL OF YOUR TIME TO HEAR THIS MAN OUT AND HIS FUTURE PLANS. I KNOW THAT I MAY BE A LITTLE BIASED BECAUSE I'M THE CURRENT PROPERTY OWNER SELLING TO THIS MAN. AND I'M ALSO BIASED BECAUSE I OWN THE PROPERTY AND PARTICIPATE IN VERY SIMILAR ACTIONS. UM, BUT WE HAD DUMP TRUCKS OF OUR OWN RUNNING IN AND OUT OF THERE EVERY DAY. I HAD THREE TRUCKS IN AND OUT EVERY DAY, ALL DAY. AND THEN I HAD CUSTOMERS IN AND OUT ALL DAY. LIKE I SAID, PEAK SEASON, WHICH IS NINE MONTHS OUT THE YEAR WE WERE AVERAGING 50 TO 60 TRANSACTIONS, 50, 60 CARS IN AND OUT OF OUR LOCATION. AND BEFORE ME, BTR RIVER WAS BUSY. WHEN THEY DID PEANUTS, THEY HAD EVEN MORE THAN THAT. SO FOR A LONG TIME, OVER 130 YEARS, THAT PROPERTY, THAT FACILITY HAS BEEN USED WITH A HIGH TRAFFIC LOCATION, LARGE TRUCKS, LARGE TRAFFIC. UM, SO I APPRECIATE YOU HEARING ME OUT. I APPRECIATE THE CITIZENS COMING OUT AND SPEAKING THEIR MIND, AND I APPRECIATE THE DECISION YOU MAKE TONIGHT. EITHER WAY, THANK YOU VERY MUCH. THANK YOU SIR. ALRIGHT, SO NO ONE ELSE HAD SIGNED UP, BUT UM, AS YOU CAN SEE, WE, YOU KNOW, ANYBODY WHO WANTS TO SPEAK IS WELCOME TO COME. IF ANYONE ELSE THAT, UH, WOULD LIKE TO SPEAK TONIGHT ON THIS CASE. ALRIGHT, HEARING NONE, THEN WE WILL CLOSE OFF PUBLIC HEARING. AND, UH, I'D LIKE TO ASK THE APPLICANT IF YOU HEARD THE CITIZENS, UH, SOME OF THE CONCERNS THERE. I'LL GIVE YOU AN OPPORTUNITY TO COME AND ADDRESS ANY OF THOSE REAL QUICK IF YOU'D LIKE. SURE. AS IT COMES TO, TO THE CONCERNS OF THE COMMUNITY, UH, I TAKE A SERIOUS UNDERSTANDING OF WHAT THEY'RE SAYING. UH, OF ALL THE SEMI-TRUCKS COMING IN AND OUT, UM, LIKE I WAS SAYING IN, IN MY, UH, PROPOSAL, I DON'T THINK I WOULD HAVE MORE THAN 20 [00:30:01] TO 25 TRUCKS AT PEAK A DAY. UM, NOISE WISE, UH, WE WOULD BE DOING LIGHT MAINTENANCE AND, UH, SO NOISE SHOULDN'T BE AN ISSUE. AND THEN HOURS, OPERATING HOURS WOULD ONLY BE BUSINESS HOURS AND, UM, MAYBE A LITTLE BIT OF WORK ON SATURDAY AND NOTHING ON SUNDAY. UM, AND I UNDERSTAND THEIR ISSUES AND I, I WOULD RESPECT, RESPECT IT AND BE A GOOD NEIGHBOR AROUND THAT AREA IF I HAD AN OPPORTUNITY. UM, APPRECIATE YOU. OF COURSE. I'M SORRY, UH, WE HAD A QUESTION FOR YOU AND YOU MIGHT GET A FEW MORE. OKAY, GO AHEAD SIR. SIR, UH, I UNDERSTAND FROM YOUR DESCRIPTION OF YOUR BUSINESS, YOU OPERATE BASICALLY, ARE YOU CONCENTRATING ON DIESEL REPAIR WORK OR ARE YOU GENERAL ALL ALL THE WAY OVER, UH, TRACTOR TRAILERS INCLUDED? I MEAN, WILL YOU BE, WOULD THERE BE A SINGLE UNIT IN AND OUT OR WILL YOU HAVE TRACTOR TRAILERS COMING IN AND OUT POSSIBLE AS A, AS A REPAIR? WELL, I HAVE A LOGISTICS COMPANY, SO THAT, THAT WOULD BE THE MAIN OBJECTIVE IS HAVING MY TRUCKS THERE AND FIX THEM THERE. UH, BUT THAT, THAT WOULD BE IT, IT WOULD BE NOTHING HEAVY DUTY LIKE OR ANYTHING LIKE THAT. SO YOU WOULD BE REPAIRING TRAILERS AS WELL, TRUCK AND TRAILER? YES. IT WOULD BE TRUCK AND TRAILERS AS WELL? YES, SIR. OKAY. THANK YOU. YOU'RE WELCOME. ANY, ANY ONE MORE QUESTION? CAN YOU CLARIFY INITIALLY WHENEVER YOU WERE SPEAKING, YOU SAID YOU, YOU COULDN'T SEE YOURSELF HAVING MORE THAN 10 TRUCKS. I ONLY HAVE SIX NOW AND I DON'T WANT MORE THAN 10, BUT WHEN YOU CAME BACK UP, YOU REFERENCED HAVING UP TO 25. CAN YOU ME, TRAFFIC WISE, LIKE GOING IN AND OUT? YES, SIR. NOT 25 TRUCKS, BUT 25 MAYBE IN A PEAK DAY COMING FROM THAT ROAD AND OUT THAT ROAD. YOUR, UM, I'M SORRY. UM, BUT JUST TO CLARIFY AGAIN, BECAUSE YOUR EMAIL YOU HAD SAID 50 TO 75 TRUCKS PER DAY. RIGHT? UH, WE PUT THAT IN THE EMAIL AND, UM, I DON'T THINK THAT'S GONNA BE THAT HIGH. I JUST DON'T THINK IT IS. UH, AND I COULD RESUBMIT THAT, BUT I JUST A LITTLE BIT ABOUT WHAT THE O UH, THE OWNER THAT DOES HAVE, HE HAD A MULCH, UH, BUSINESS THERE, SO THERE WAS HIGH TRAFFIC THERE AND IT WAS A COMMERCIAL BUSINESS. SO MY, MY INTENTIONS WAS WHEN I, WHEN I SEEN THE LAND FOR, FOR SALE IS THAT IT WAS A COMMERCIAL BUSINESS AND I UNDERSTOOD THAT HE HAD HIGH TRAFFIC THERE. SO I DON'T SEE MYSELF GOING ABOVE 25 A DAY BECAUSE I ONLY HAVE SIX TRUCKS. BUT COULD THEY POSSIBLY COME BACK AND FORTH WITHIN TWO OR THREE TIMES A DAY PER TRUCK PRO? POSSIBLY, BUT LIKELY HIGHLY UNLIKELY. 'CAUSE I DO OVER THE ROAD LOGISTICS. SO THEY'RE, YOU KNOW, THEY'RE NOT GONNA BE BACK AND FORTH. THEY, THEY DON'T DO LOCAL RUNS. THEY WILL PICK UP MAYBE HERE AND GO TO NEW YORK, UM, CALIFORNIA OR GEORGIA. SO THEY'RE NOT GONNA BE CONSISTENTLY, BUT IT COULD POSSIBLY UP TO 25 AND I THINK IN A PEAK DAY. SO DO YOU OWN MULTIPLE OF THESE FAC TYPE OF FACILITIES? I DON'T OWN ANYTHING. I RENT RIGHT NOW A PARKING, AND THAT'S WHY I WANT TO ESTABLISH, UH, LIKE A, A LITTLE BIT OF A, YOU KNOW, HEADQUARTERS OR HOMESTEAD. AND WHERE IS THAT LOCATED? UH, COLUMBIA, MARYLAND. OKAY. AND HOW MANY TRUCKS DO YOU HAVE COMING IN AND OUT OF THERE? YEAH, SIX, I ONLY HAVE SIX TRUCKS. OKAY. SO JUST FOR CLARIFICATION, THE TRUCKS THAT ARE COMING IN AND OUT OF THIS FACILITY ARE ONLY YOUR TRUCKS. YOU'RE NOT GONNA BE ADVERTISING TO, UH, WORK ON OTHER FOLKS' TRUCKS AND RUNNING A REPAIR SHOP FOR OTHER, BUT I WANT TO BE ABLE TO REPAIR MY OWN TRUCKS. RIGHT. JUST LIKE AN IN-HOUSE. UNDERSTOOD. ALMOST LIKE A HEADQUARTERS FOR MY TRUCK LOGISTICS COMPANY. AND DO YOU PLAN ON RELOCATING HERE FULL TIME IF YOU YES. GET, OKAY. UH, NOT RIGHT OFF THE BAT, BUT, UH, WITHIN A SIX MONTH TO 12 MONTH PERIOD, I WOULD LIKE TO PURCHASE A HOME OR, UH, AN APARTMENT OR SOMETHING TO START WITH. SO I GUESS I HAD A QUESTION. I I'M IN THE TRANSPORTATION BUSINESS TOO. YES, SIR. SO IT'S IN THAT CONTEXT THAT I ASKED YOU THIS, YOU MENTIONED YOU THOUGHT YOUR CUSTOMER, SOME OF YOUR LARGER CUSTOMER BASE MAY BE AMAZON OR WALMART, OR THOSE ARE THE TWO YOU MENTIONED, BUT I THINK OF ALDI AND SOME OTHERS AND THEY'RE ALL LOCATED 15 MILES AWAY FROM YOU. AND I WAS JUST WONDERING, WOULDN'T YOU, IT, IT JUST STRIKES ME AS A LITTLE, WHY WOULDN'T YOU WANT TO BE LIKE A LOT CLOSER TO THE, THOSE POTENTIAL CUSTOMERS? I'M JUST CURIOUS. UM, FOR A TRUCKING COMPANY, LIKE AS YOU KNOW, TRANSPORTATION, WE DO A LOT OF MILES. SO 15 MILES IS PRETTY CLOSE. YEAH. TO ME THAT'S DEPENDS ON WHAT YOU'RE DOING. I GUESS I RIGHT. I, I BOUGHT MULCH BEFORE, YOU KNOW, AND IT'S LIKE, UH, THE FURTHER YOU, THE FURTHER THE FURTHER YOU GO, THE MORE EXPENSIVE YOU GET TO A POINT WHERE THE TRANSPORTATION COST [00:35:01] OUTWEIGHS THE MATERIAL. WELL, OUR AVERAGE DEAD HEAD TO PICK UP A A DEAD HEAD MEANS LIKE, YOU KNOW, AVERAGE MM-HMM . UH, MILES THAT YOU WOULD GO OUT TO PICK UP. WE ALWAYS AVERAGE IT WITHIN A HUNDRED MILES. SO 15 MILES IS SO SHORT. THAT'S, NO, I DO APPRECIATE THAT. THAT'S A BIG DEAL. I DO APPRECIATE THAT. YEAH. OKAY. ANY OTHER, ANY OTHER QUESTIONS FOR, UH, FOR THE APPLICANT AT THIS POINT? AND ONE MORE THING? I, I APPRECIATE THE COMMUNITY COMING OUT HERE AND I UNDERSTAND WHERE THEY'RE COMING FROM AS OWNER, AS A OWNER OF A HOME AND NEARBY, I, I GET IT BEING MIXED WITH COMMERCIAL, RESIDENTIAL. I UNDERSTAND THEIR CONCERNS AND IF, IF THEY GIMME THAT OPPORTUNITY, THEY COME OUT THERE AND THERE'S SOMETHING THEY DIDN'T LIKE, I WOULD HAVE NO PROBLEM ACCOMMODATING THEM. THAT WOULDN'T BE A PROBLEM. I'M VERY FLEXIBLE AND WANT TO, UM, ACCOMMODATE THE COMMUNITY AND HELP THEM. UH, IT JUST WOULDN'T, IT WOULDN'T BE A PROBLEM IF THERE WAS A ISSUE BESIDES THE, THE TRAFFIC OF UNDER 20 OR 25 THAT I, YOU KNOW, I CAN'T, I HAVE TO BE ABLE TO FUNCTION A LITTLE BIT. OTHER THAN THAT, I WOULDN'T MIND TO ANY OF THEIR CONCERNS OR ACCOMMODATE THEM. SO HOW LATE DO YOU PLAN ON BEING OPEN AND ADAPT MECHANICALLY WISE? IF I WAS TO BE FIXING ANYTHING, UH, NOWHERE PAST FIVE OR SIX, LIKE 6:00 PM AND THEN, YOU KNOW, A TRUCK COULD COME LATER ON AND ONE OF MY TRUCKS PARK AT NIGHT, BUT NOT BANGING AND WORKING IN THE MIDDLE OF THE NIGHT. THAT'S JUST NOT, I, I HAVE A MECHANIC AND HE, HE, HIS, HIS HIS HOURS ARE OF WORK FOR ON MY TRUCKS IS ANYWHERE FROM EIGHT TO SIX. HE GOES HOME AFTER SIX. SO I WOULDN'T BE GOING ANYTHING PAST THAT. NUMBER ONE, JUST TO RESPECT THE, THE COMMUNITY AROUND US. YEAH. SO I WOULD, UH, REMIND OUR COMMISSIONERS HERE. WE DO HAVE A, A TWO CASES, YOU HAVE ONE, I THINK YOURS PROBABLY IS MORE GERMANE TO THE, UH, CONDITIONAL USE PERMIT, WHICH THERE ARE SOME STIPULATIONS THERE. SO WE CAN KIND OF COME BACK TO THAT. BUT, UM, ANYBODY, ANYBODY ELSE HAVE ANYTHING I WAS GONNA ASK MR. BASSETT A QUESTION? YES. UM, WITH THIS REZONING, UM, OBVIOUSLY THIS HAS BEEN UTILIZED AS A BUSINESS PROPERTY PRIOR TO THIS. UM, AND JUST THINKING ABOUT MR. JOHNSON TRYING TO SELL THIS, UM, WHOEVER PURCHASES THIS AND WANTS TO RUN A BUSINESS ON IT, ARE THEY GOING TO HAVE TO REZONE THAT PARCEL? UM, YES. IF IT'S A USE OTHER THAN WHAT MR. JOHNSON'S CURRENTLY DOING ON THE PROPERTY, YES. SO, SO I ACTUALLY HAD A RELATED QUESTION, MR. CARTER, IF YOU COULD PULL THE MAP BACK UP, IT WOULD BE HELPFUL. I THINK FOR THE QUESTION I HAVE, SO I HAD A RELATED QUESTION IN THE SENSE THAT IT, IT ALMOST LOOKS LIKE, IT ALMOST LOOKS LIKE THEY'RE, THE SUBJECT PROPERTY FOR THE REZONING, UM, HAS ACTUALLY BEEN USED FOR BUSINESS IN THE PAST, RIGHT? IT HAS ALL ALONG, YES. YEAH. YES. SO, WHICH IS NOT UNCOMMON. IT'S NOTHING. RIGHT. THAT HAPPENS ALL THE TIME. I, THAT, THAT WAS MY POINT. SO, UM, I THINK IT KIND OF GOES TO WHERE, WHERE I, WHERE I WAS GOING WITH WHAT YOU SAID THAT, YOU KNOW, IT, IT IT'S SORT OF A DEFACTO UH, UH, BUSINESS TO BEGIN WITH IN SOME WAYS. SO I MEAN IT COULD BE CONSTRUED THAT WAY. I ASK, SO YES, THERE'S I GUESS MORE OPPORTUNITY YES. IF YOU CHANGE IT. YES, YES. SO THAT, YEAH. AND IN TALKING WITH THE APPLICANT ORIGINALLY, THEY HAD ONLY APPLIED, UM, FOR THE CONDITIONAL USE ON THE THREE PARCELS THAT WERE ZONED B TWO ALREADY. AND IN TALKING WITH THEM, THEY DID HAVE A DESIRE TO UTILIZE ALL THE BUILDINGS ON ALL FOUR PARCELS. SO I INDICATED TO THEM IF THEY WANTED TO DO THAT, THEN THEY NEEDED TO REZONE THAT PARCEL TO THE WEST, THE ONE THAT WE'RE CONSIDERING THIS EVENING, IF THEY WANTED TO USE THAT BUILDING IN THE BACK TO DO ANYTHING RELATED TO THE BUSINESS. SO THEY INDICATED THEY DID. SO I SAID, WELL YOU PROBABLY SHOULD INCLUDE ASKED TO REZONE THAT PROPERTY AS WELL IF YOU'RE GONNA BE UTILIZING THAT AS PART OF YOUR BUS PROPOSED BUSINESS. AND THEN THE CONDITIONAL USE WOULD COVER ALL FOUR PROPERTIES. RIGHT. SO IF APPROVED, THEY WOULD BE ABLE TO UTILIZE THAT BUILDING IN THE BACK. HAVE A QUESTION. YES SIR. BASICALLY YOUR BUSINESS YOU'RE SAYING IS YOUR OWN BUSINESS PROPRIETARY IS BASICALLY HOW YOU'RE GONNA OPERATE. BUT I GUESS MY QUESTION IS WHAT IS TO UM, WHAT IS THE LIMITATION FOR HIM IF HE WANTS TO OPEN IT UP TO THE PUBLIC? IS THERE, IS [00:40:01] THERE ANY UM, CURRENTLY THERE'S, THERE'S NO LIMITATION. IF HE WANTED TO OPEN IT UP TO THE PUBLIC, IF THE REZONING IS APPROVED AND THE CONDITIONAL USE PERMIT IS APPROVED, YOU COULD MAKE THAT A CONDITION THAT IT WOULD ONLY BE UTILIZED FOR HIS, ANY TRUCK STORAGE, TRUCK REPAIR. THOSE KIND OF ITEMS WOULD ONLY BE, BE ABLE TO BE UTILIZED FOR HIS TRUCKS RELATED TO HIS BUSINESS ONLY. NO OUT, NO OUTSIDE VEHICLES, BEYOND, UH, HIS BUSINESS OWNERSHIP WOULD BE ALLOWED TO BE REPAIRED THERE OR STORED THERE. THAT WOULD HAVE TO BE MADE A CONDITION TO ENSURE WHAT YOU'RE SAYING, THAT IT WOULD NOT BE UTILIZED FOR INDIVIDUALS WHO ARE NOT PART OF HIS BUSINESS OR TRUCK REPAIR TRUCK STORAGE THAT'S NOT PART OF HIS BUSINESS. THAT WOULD HAVE TO BE CLARIFIED IN THE CONDITIONAL USE PERMIT. CONDITIONAL USE PERMIT. OKAY. GOOD. ANYBODY ELSE HAVE ANYTHING YOU WANT TO ASK? WELL, THANK YOU SIR. THANK YOU SO MUCH. ALRIGHT FOLKS, UH, ANY OTHER COMMENTS OR QUESTIONS FOR STAFF OR ANY, UH, DELIBERATION THAT Y'ALL WOULD LIKE TO HAVE NO DELIBERATION THEN? UH, WOULD SOMEONE LIKE TO KIND OF GO THROUGH THE MOTION PART OF THIS? NOBODY WANTS TO MAKE IT, THIS IS WHY I DON'T LIKE SITTING IN THE MIDDLE. I LIKE SITTING ON THE END, SO I CAN JUST LOOK ONE WAY. . YEAH. UH, I'M JUST, I GUESS BEFORE WE CALL THE MOTION, UM, WITH THE, IT'S A ZONING, RIGHT NOW WE'RE FOCUSING ON THE ZONING CHANGE AND WHOEVER PURCHASES THIS BUSINESS IS PROBABLY GOING TO HAVE TO CHANGE THE ZONING. I MEAN, SOUNDS LIKE THEY WON'T OPERATE ON THE FOURTH PARCEL. WELL, TO YOUR POINT, AND WHAT MY, MY POINT EARLIER WAS IT'S KIND OF DE FACTIVE THAT WAY TO BEGIN WITH, BUT, BUT THAT'S DIFFERENT THAN THE CONDITION. RIGHT, RIGHT. ALRIGHT, SINCE HANNAH SPOKE UP, I'LL GO AND SPEAK UP TOO. , I UNDERSTAND THE B TWO ZONING. I MEAN, I DON'T UNDERSTAND HONESTLY HOW AUSTIN WAS ABLE TO DO BUSINESS ON THAT PROPERTY BECAUSE HE'S NOT LIKE BT HARGRAVE WAS, WHICH WAS BASICALLY FERTILIZER AND SEED. HE WAS MULCH ROCK. I MEAN, I GET WHAT HIS BUSINESS IS AND I WOULD'VE THOUGHT HE WOULD'VE HAD TO HAVE HAD IT BE TOO AS WELL. BUT OBVIOUSLY HE DIDN'T. UH, I UNDERSTAND THAT IF THAT PROPERTY IS SOLD, THAT PROBABLY WHOEVER THE APPLICANT IS THAT BUYS THAT IS NOT GONNA PUT A HOUSE ON IT. I MEAN, IT'S HIGHLY DOUBTFUL THAT WHOEVER BOUGHT THAT PIECE WOULD USE IT AS A BUSINESS. AND I MEAN, WHAT WE'RE TALKING ABOUT RIGHT NOW IS JUST A ZONING OF THE PROPERTY TO BE LIKE THE ZONING ON THE OTHER THREE PARCELS THAT ARE INVOLVED IN THAT BUSINESS. AND I CAN UNDERSTAND THAT. THAT'S ALL I HAVE TO SAY. GOSH, I THOUGHT YOU WERE GONNA MAKE A MOTION. NO, . WELL, I'M NOT TRYING TO RUSH ANYTHING. ANYBODY ELSE HAVE ANY COMMENTS OR ANYTHING? I MEAN, OUTSIDE OF AN AGRICULTURAL BUSINESS, WHAT TYPE OF BUSINESS CAN BE RUN ON AN R ONE OTHER THAN TECHNICALLY NO REAL, UH, BUSINESS USE. YOU CAN DO FAMILY DAYCARES, HOME OCCUPATIONS. I GUESS HOME OCCUPATION WOULD BE THE CLOSEST THING TO RUNNING A BUSINESS. UM, YOU COULD HAVE A PROFESSIONAL OFFICE IF IT WAS IN YOUR HOUSE, UM, AN ATTORNEY, ANY TYPE OF PROFESSION [00:45:01] YOU COULD OPERATE, UM, ON THE, ON THE PROPERTY. UH, BUT OF COURSE YOU'VE HAD, YOU'D HAVE TO HAVE A RESIDENCE FOR A HOME OCCUPATION. SO YOU'D, A HOME WOULD HAVE TO BE BUILT ON THAT, THAT SPECIFIC PROPERTY IN ORDER TO OPERATE A HOME OCCUPATION. SO KIND OF A RELATED QUESTION, I THINK YOU TOUCHED ON THIS IN YOUR REPORT, BUT IF YOU COULD JUST REITERATE FOR US JUST, UH, MAYBE JUST A BRIEF LISTING OF WHAT COULD BE DONE BY RIGHT IN THE, UH, IN THE V TWO. IN THE V TWO I I HAVE THE, AND THE REASON, THE REASON I'M ASKING THAT IS IF, IF WE REZONE THE OTHER, IF WE RECOMMEND REZONING THE OTHER PIECE TO B TWO, IT WOULD KIND OF GIVE AN INDICATION OVERALL AS TO WHAT COULD BE DONE BY RIGHT. AND B TWO, UH, RETAIL STORES AND SHOPS, BAKERIES, RESTAURANTS, LAUNDRIES, UM, APPAREL STORE, DRUG STORE BARBERSHOP, BEAUTY SHOP, AUTO AND HOME APPLIANCE SERVICES, THEATERS AND ASSEMBLY HALLS, HOTELS, MOTELS, OFFICE BUILDINGS, CHURCHES, LIBRARIES, HOSPITALS, FUNERAL HOME CLUBS AND LODGES, AUTO SALES AND SERVICE TO INCLUDE THE SALES AND SERVICE OF BOATS, BOAT TRAILERS AND RECREATIONAL VEHICLES. LUMBER AND BUILDING SUPPLY WITH STORAGE, UNDERCOVER PLUMBING AND ELECTRICAL SUPPLY WITH STORAGE UNDERCOVER, UM, DRY CLEANERS, MACHINERY, SALES AND SERVICES, OFF STREET PARKING, UM, GOVERNMENTAL OFFICES, UH, CLASSIC AND COLLECTIBLE CAR SALES AND RESTORATION. NURSERY AND LANDSCAPING FINANCIAL INSTITUTIONS, UH, COMPUTER AND SOFTWARE DEVELOPMENT FIRM, DAYCARE CENTER, AUTO, AUTOMOTIVE, AUTOMOBILE SERVICE STATION, AUTOMOBILE SERVICE, SELF SERVICE STATION, UH, PUBLIC GARAGE, WHICH INCLUDES, UM, VEHICLE REPAIR. UM, YOU COULD HAVE A TOWING OPERATION THERE BY RIGHT THAT'S UNDER PUBLIC GARAGE, UM, UH, FLEA MARKET WITH A MAXIMUM OF TWO DAYS WITH ANY TWO MONTH PERIOD. SO ONCE PER MONTH. UM, THAT'S EVERYTHING THAT'S ALLOWED BY WRIGHT. THERE ARE OTHER USES THAT ARE ALLOWED WITH A CONDITIONAL USE PERMIT. OKAY. NO, THANK YOU FOR THAT. WAS MORE EXHAUSTIVE, MORE EXHAUSTIVE THAN I THOUGHT, BUT IT WAS GOOD EXAMPLES. THANK YOU. YOU'RE WELCOME. OH, SORRY. WE STILL, HMM. THAT'S THE CONDITION. I, I GET IT. ACT AWAY AND GET IT OVER WITH , BE 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 26 DASH ONE BE RECOMMENDED FOR DISAPPROVAL TO THE BOARD OF SUPERVISORS. THANK YOU SIR. WE HAVE A MOTION. IS ANYONE WOULD LIKE TO, UH, TO SECOND THAT IT'S A MOTION FOR DISAPPROVAL OF P DASH 26 DASH ONE. I SECOND. ALRIGHT, WE HAVE A SECOND FOR THE DISAPPROVAL FOR P DASH 26 DASH ONE. SO MR. GURLEY, IF YOU COULD ASK FOR A VOTE. MR. TAYLOR? NO. WAS THAT A NO, SIR? NO. MR. SIMMONS? NO. MR. BISHOP. NAY. MR. HARVO? NO. MR. TUS? YES. MR. LANGLEY? YES. AND MR. HAYES? NO. [00:50:01] WE HAVE FOUR MEMBERS VOTING, NO. THREE MEMBERS VOTING? YES. ARE YOU SURE? I THINK IT WAS FIVE TO TWO. FIVE TO TWO SIR. FIVE TWO, RIGHT? TWO FIVE. I THOUGHT I HEARD MS. BISHOP YOU SAID YES. NO, IT WAS A NAY. OH, YOU SAID NAY. I'M SORRY MADAM, DO YOU NEED TO DO THAT AGAIN TO BE CLEAR OR NOT? I THINK IT'S ALRIGHT. SO MR. TAYLOR WAS A NO, MR. SIMMONS WAS A NO, MR. BISHOP WAS A NO. MR. HARLE WAS A NO. MRUS WAS A YES. MR. LANGLEY WAS A YES. AND MR. HAYES WAS A NO. YES SIR. IS THAT CORRECT? THAT IS CORRECT. ALRIGHT. SO WE HAVE A FIVE TO TWO DISAPPROVAL OF P DASH 26 DASH ONE TO THE BOARD. UH, FIVE TO TWO VOTE TO REJECT THE DISAPPROVAL MOTION. RIGHT? SO THAT MOTION FAILS. SO SOMEONE MAY NOW, IF THEY WANT TO MAKE THE OPPOSITE MOTION AND IT MAY PASS, OR IF YOU AREN'T READY TO DECIDE TONIGHT IS ALWAYS THE THIRD OPTION, THAT COULD BE DONE TOO. OR YOU COULD POTENTIALLY WAIT UNTIL AFTER YOU HEAR THE CUP PUBLIC HEARING. THANK YOU FOR THAT, UH, CLARIFICATION ON PROCEDURE. SO I'LL, I'LL MAKE THE MOTION, UH, BE IT RESOLVED THAT IN ORDER TO ASSURE COM. OR DO I NEED TO REREAD THE WHOLE THING OR CAN I JUST YES MA'AM. IF YOU COULD PLEASE READ THE WHOLE THING. OKAY. BE IT RESOLVED THAT IN ORDER TO ASSURE COMPLIANCE WITH VIRGINIA CODE SECTION 15.2 DASH 2286 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 26 DASH ONE BE RECOMMENDED FOR APPROVAL TO THE BOARD OF SUPERVISORS. SORRY. ALL RIGHT, MR. GIRL, WE GOT A MOTION AND A SECOND. MR. LANGLEY? NO. MR. TITUS? NO. MR. HARVILLE? YES. MS. BISHOP? AYE. MR. SIMMONS? YES. MR. TAYLOR? YES. AND MR. HAYES? YES. FIVE MEMBERS VOTING YES. TWO MEMBERS VOTING NO. P DASH 26 DASH ONE IT'S GOING TO THE BOARD WITH AN APPROVAL IF I AM CORRECT MR. SALPA. ALRIGHT, THANKS TO STAFF AND TO THE COMMISSION AND EVERYONE THAT WENT THROUGH THAT. UM, SO WE GO PROCEED ON OUR AGENDA TO CASE, UH, C DASH 26 DASH TWO, WHICH IS THE CONDITIONAL USE PERMIT FOR THE SAME RELATED TO THE SAME, UH, TOPIC THAT WE'VE BEEN DISCUSSING. MR. BASSETT? YES. THANK YOU, MR. CHAIR. UM, I WON'T GO THROUGH THE, UH, THE FIRST PORTION OF THE, UH, STAFF REPORT AS IT'S VERY SAME AS THE STAFF REPORT FOR THE REZONING. I WILL, UH, BEGIN WITH, UH, ON PAGE THREE OF THE STAFF REPORT, UH, UNDER RECOMMENDATION AND, UM, JUST, UH, FOR THE PUBLIC'S KNOWLEDGE AS WELL AS SET FORTH IN THE ZONING ORDINANCE SECTION 22 DASH 22 CONDITIONAL USE PERMITS. GENERALLY, ANY PROVISIONS OF THIS CHAPTER, WHICH ALLOW USE WITH A CONDITIONAL USE PERMIT SHALL NOT PROHIBIT THE BOARD OF SUPERVISORS FROM DENYING AN APPLICATION FOR A PARTICULAR PERMIT UPON FINDING AFTER PUBLIC HEARING THAT THE ISSUANCE OF SUCH PERMIT WOULD NOT BE IN COMPLIANCE WITH THE INTENT, PURPOSE, AND DE DESIGN OF THIS CHAPTER AND OR SECTION 22 DASH TWO OF THIS CODE SECTION 22 DASH TWO. PURPOSE AND DESIGN OF THE CHAPTER STATES THAT FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC AND FURTHER ACCOMPLISHING THE OBJECTIVES OF VIRGINIA CODES SECTION 15.1 DASH 4 27 OF THE CODE OF VIRGINIA 1950 AS AMENDED, THE PROVISIONS OF THIS CHAPTER ARE HEREBY ADOPTED AS THE ZONING REGULATIONS OF THE COUNTY TOGETHER WITH THE ACCOMPANYING MAP. THIS CHAPTER HAS BEEN DESIGNED TO PROVIDE FOR ADEQUATE LIGHT, AIR, CONVENIENCE, AND ACCESS AND SAFETY FROM FIRES, FLOODS, AND OTHER DANGERS TO REDUCE OR PREVENT CONGESTION IN THE PUBLIC STREETS TO FACILITATE THE CREATION OF A CONVENIENT, ATTRACTIVE, AND HARMONIOUS COMMUNITY TO EXPEDITE THE PROVISION OF ADEQUATE POLICE, FIRE AND FIRE, POLICE AND FIRE PROTECTION, DISASTER EVACUATION, CIVIL DEFENSE, TRANSPORTATION, WATER, [00:55:01] SEWERS, SCHOOLS, PARKS, FOREST PLAYGROUNDS, RECREATIONAL FACILITIES, AIRPORTS AND OTHER PUBLIC REQUIREMENTS TO PROTECT AGAINST DESTRUCTION OF OR ENCROACHMENT UPON HISTORIC AREAS AND TO PROTECT AGAINST ONE OR MORE OF THE FOLLOWING OVERCROWDING OF LAND UNDUE DENSITY OF POPULATION IN RELATION TO THE COMMUNITY FACILITIES, EXISTING OR AVAILABLE OBSTRUCTION OF LIGHT AND AIR, DANGER AND CONGESTION IN TRAVEL AND TRANSPORTATION OR LOSS OF LIFE, LIFE HEALTH OR PROPERTY FROM FIRE, FLOOD, PA, PANIC OR OTHER DANGERS. THE PLANNING STAFF REVIEWED THE CONDITIONAL USE PERMIT REQUEST AND IS SATISFIED WITH THE APPROPRIATE CONDITIONS. THE IMPACTS OF THE PROPOSED FACILITY. THE ISSUANCE OF THE PERMIT WOULD BE IN COMPLIANCE WITH THE INTENT, PURPOSE, AND DESIGN OF THIS CHAPTER 22 AND OR SECTION 22 DASH TWO OF THIS CODE. STAFF HAS REVIEWED THE CONDITIONAL PERMIT REQUEST AND FINDS THAT THE APPLICANT HAS ADDRESSED THE IMPACTS OF THE PROPOSED FACILITY. THE IMPACT OF THE PROPOSED FACILITY WILL BE MINIMAL ON PUBLIC UTILITIES, THE TRANSPORTATION NETWORK, PUBLIC SAFETY AND WATER QUALITY. THE PROPOSED LOCATION, UH, CONFORMS TO THE GOALS OF THE TOWN CENTER AREA OF THE DEITY COURTHOUSE DEVELOPMENT AREA SET FORTH IN THE COMPREHENSIVE LAND USE PLAN AND TO THE REQUIREMENTS OF THE ZONING ORDINANCE. STAFF RECOMMENDS APPROVAL OF THEIR REQUEST FOR A CONDITIONAL USE PERMIT, UH, TO OPERATE THE LIGHT DUTY TRUCK MAINTENANCE AND STORAGE SERVICES WITH THE FOLLOWING CONDITIONS. SO WE, UH, DRAFTED THESE CONDITIONS, UH, FOR YOU ALL TO CONSIDER THIS EVENING. ONE THAT THE USE SHALL BE LIMITED TO SECURED COMMERCIAL TRUCK PARKING, STORAGE SERVICES, AND THE REPAIR OF COMMERCIAL LIGHT DUTY TRACTOR TRUCKS AND RELATED EQUIPMENT. TWO, THE REPAIR OF COMMERCIAL LIGHT DUTY TRACTOR TRUCKS AND EQUIPMENT SHALL TAKE PLACE ONLY WHEN SCREENED FROM PUBLIC VIEW, EITHER IN A COMMERCIAL BUILDING OR STRUCTURE OR BEHIND AN OPAQUE FENCE WALL OR COMPLETE VEGETATIVE SCREENING. ALL OUTDOOR ACTIVITIES ASSOCIATED WITH THE REPAIR OF TRACTOR TRUCKS AND EQUIPMENT SHALL BE CONDUCTED BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM ANY AND OPERABLE VEHICLES TO INCLUDE TRACTOR TRUCKS SHALL BE SCREENED FROM PUBLIC VIEW EITHER IN A COMMERCIAL BUILDING OR STRUCTURE OR BEHIND AN OPAQUE FENCE WALL OR COMPLETE VEGETATIVE SCREENING. FIVE EXISTING BUILDINGS UTILIZED IN FUTURE BUILDINGS CONSTRUCTED AS PART OF THE BUSINESS REPAIRING TRACTOR TRUCKS AND RELATED EQUIP RELATED EQUIPMENT SHALL MEET THE APPLICABLE FIRE CODE REQUIREMENTS IS SET FORTH IN THE FIRE CODE AS AMENDED AND THE BUILDING CODE REQUIREMENTS IS SET FORTH IN THE BUILDING CODE AS AMENDED. SIX. ALL VEHICLE ACCESS TO THE SUBJECT PROPERTY SHALL MEET THE VIRGINIA DEPARTMENT OF TRANSPORTATION DESIGN AND CONSTRUCTION STANDARDS. SEVEN. THE PROPERTY SHALL MEET ALL REQUIRED DEVELOPMENT STANDARDS FOR THIS TYPE OF BUSINESS AS REQUIRED BY CHAPTER 22 OF THE DE WITTY COUNTY CODE AS AMENDED SITE LIGHTING INSTALLED SHALL BE DIRECTED DOWNWARD AND INWARD TO THE SUBJECT PROPERTY TO PRESERVE THE NIGHT SKY AND SHALL NOT DIRECTLY CAST LIGHT ONTO THE ADJOINING PROPERTIES. NINE. ALL ACTIVITIES ASSOCIATED WITH THE REPAIR AND OR STORAGE OF AND EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES. AND 10, THIS CONDITIONAL USE PERMIT IS SUBJECT TO BE REVIEWED BY THE ZONING ADMINISTRATOR OF DIM WITTY COUNTY ON AN ANNUAL BASIS FROM THE DATE OF ISSUANCE OF THE CONDITIONAL USE PERMIT. FAILURE TO ABIDE BY THESE CONDITIONS MAY RESULT IN LEGAL ACTION. THAT'S ALL I HAVE, MR. CHAIR RELATED TO THE CONDITIONAL USE PERMIT REQUEST. THANK YOU SIR. ANY ANY QUESTIONS FOR MR. BASSETT AT THIS TIME? NOT REALLY A QUESTION, BUT JUST A COMMENT. UM, THE FIRST CONDITION, OR NOT THE FIR THE THIRD CONDITION, UM, BUT THE FIRST ONE THAT STUCK OUT TO ME WAS THE HOURS OF OPERATION. AND I KNOW, UM, THE APPLICANT HAD VERBALLY SAID 6:00 PM SO THAT MIGHT BE SOMETHING TO CONSIDER. UM, BUT IT ALSO, I DON'T SEE LIKE MONDAY THROUGH FRIDAY AS LISTED THERE EITHER. [01:00:03] OH, IS THAT YES, WE DID NOT LIST, UM, DAYS OF OPERATION. THAT WOULD CERTAINLY BE SOMETHING THE PLANNING COMMISSION COULD ADD AS THE COMMISSION. OKAY. ANY OTHER, UH, COMMENTS OR QUESTIONS? NO, THANK YOU. YEAH, YOU'RE WELCOME. AND AGAIN, UM, APPLICANT, YOU'RE WELCOME TO COME UP AND SPEAK AGAIN IN THE CONTEXT OF THE CONDITIONAL USE PERMIT. AND I THINK, UH, TO MY COLLEAGUE'S POINT, YOU KNOW, MAYBE SOME OF THE THINGS YOU'VE HEARD ALREADY MIGHT BE SOMETHING TO CONSIDER IN THE WAY OF YOUR, UM, PROPOSED CONDITIONS. THANK YOU SO MUCH. ONCE AGAIN, LIKE, UH, YOUR CONCERN IS LIKE, UH, I ALREADY HAVE LIKE A FULL-TIME, UH, MECHANIC THAT TAKES CARE OF MY TRUCKS AND HE WORKS FROM EIGHT TO SIX, SO IT'LL BE SOMEWHERE ALONG THAT. AND THEN WHAT HE HAD 7:00 AM TO 7:00 PM WOULD BE SUFFICE OR EIGHT TO SIX AND I WOULD WORK ON SATURDAYS TOO. SUNDAYS WOULD, I WOULDN'T BE WORKING. ANY ANYTHING ELSE YOU'D LIKE TO ADD AT THIS POINT? UM, I'M JUST WANT TO BE UPFRONT WITH YOU GUYS. YOU KNOW, I OWN A TRUCKING COMPANY AND I WOULD LOVE THAT I HAVE THE OPPORTUNITY TO HAVE THAT LAND. AND AGAIN, UH, IT SPEAKS FOR ITSELF. IT'S A TRUCKING COMPANY, SO THERE'S GONNA BE LIGHT DUTY, UH, MAINTENANCE GOING ON. UH, TRUCKS WILL BE COMING IN AND OUT. UM, I DON'T THINK IT WOULD BE HIGH VOLUME AND I'M JUST GONNA KEEP IT SHORT LIKE THAT. BUT IF YOU HAVE QUESTIONS, YES, I'M READY TO ASK. I HAVE A QUESTION. IT'S ONLY GOING TO BE YOUR TRUCKS, RIGHT? CORRECT. YES. OKAY, I'LL FOLLOW THAT UP. HIS QUESTION I WAS GETTING READY TO ASK, DO YOU HAVE ANY OBJECTION TO A CONDITION THAT LIMITS THE MAINTENANCE TO ONLY YOUR TRUCKS? UM, I WOULD HAVE AN OBJECTION TO THAT BECAUSE LIKE I SAID, IT IT'S, IT, IT WAS A BUSINESS. SO IF I CAN'T RUN A BUSINESS THEN IT'S NOT WORTH IT FOR ME EITHER. SO. SO YOU SAID YOU WOULD OBJECT TO I WOULD OBJECT, YES. SO YOU, YOU WANT TO BE ABLE TO WORK ON OTHER TRUCKS? YES. THAT WAS MY BEGINNING OF EVERYTHING I ASKED FOR IN THE BEGINNING IN MY APP APPLICATION. SO IF I CAN'T DO THAT THEN I RESPECT Y'ALL, YOU KNOW, YOUR DECISION. BUT IF THERE'S NOTHING, IT'S OBVIOUS WHAT I WANT TO DO. ANY OTHER QUESTIONS OR COMMENTS FOR THE APPLICANT? I KNOW, THANK YOU SIR. YES SIR. AND SO I'D LIKE TO OPEN UP THE PUBLIC HEARING FOR THIS CASE, THE CONDITIONAL USE PERMIT CASE C DASH 26, UH, DASH ONE. I'LL READ THE SAME NAMES. UM, MR. JOE JOHN ELMORE, MR. MILTON HARGRAVE. MILTON HARGRAVE HERE. CHIP, WE ARE KIND OF GETTING A LITTLE BIT OF VARIABLE INFORMATION HERE. I DON'T THINK THEY KNOW EXACTLY WHAT HE'S GOING TO HAVE THERE, JUST SITTING BACK THERE LISTENING. UH, AND AGAIN, I'LL ITERATE ON, IT'S A QUIET NEIGHBORHOOD. IT'S A HISTORIC NEIGHBORHOOD AND WE DON'T REALLY KNOW WHAT IT'S GONNA BE. AGAIN, IF IT'S 40 TRUCKS IN THERE, HOW ARE WE GONNA POLICE IT? IF HE WORKS ON SOMEBODY ELSE'S TRUCK, HOW ARE WE GONNA POLICE IT? WE'RE NOT. HE'S GOING TO TAKE THAT PERMIT AND HE'S GOING TO RUN WITH IT AND DO WHAT HE WANTS TO DO. IT WAS ORIGINALLY A BUSINESS SET UP TO SERVE THE COMMUNITY FEED SEED FERTILIZER FOR YEARS. THE ONLY PERSON THAT'S SERVING HERE IS HIS COMPANY. IT'S HURTING THE NEIGHBORHOOD. THAT'S WHAT'LL BE HAPPENING. WHETHER IT'S SIX TRUCKS, 60 TRUCKS, NO MATTER WHAT IT IS, HE'S THE ONLY ONE THAT'LL POCKET FROM IT. SHOW ME A TRAILER AND OR A TRUCK THAT PULLS IN THERE WITH VIRGINIA TAGS ON IT OR LET ME SEE. ONE THAT'LL BE REGISTERED IN DENWOODY COUNTY AND DENWOODY GETTING TAXES ON IT. ZERO. IT'LL EITHER BE INDIANA OR SOMETHING LIKE THAT. 'CAUSE I THINK MARYLAND'S PRETTY MUCH HIGHER THAN DENWOODY WOULD BE. THE COUNTY HAS WON'T HAVE ANYTHING COMING IN TO THE BEST OF MY KNOWLEDGE 'CAUSE I DON'T THINK ANY OF 'EM WILL BE REGISTERED HERE OR LICENSED HERE AND WE CAN'T FIGURE OUT THE NEIGHBORHOOD ANY WAY IT WOULD BE ADVANTAGEOUS TO THE COMMUNITY. NONE AT ALL. [01:05:01] NONE. JUST SOLELY HIM. IT WOULD BOTHER EVERYBODY ELSE. WHAT WAS THERE BEFORE WAS GOOD. IT SERVED THE COMMUNITY, IT WAS SOLD, HOPING IT WOULD SERVE THE COMMUNITY. IT BURNT AND EVIDENTLY FOR SOME REASON IT DIDN'T REBUILD AND NOW HE'S TRYING TO SELL IT, WHICH I UNDERSTAND THAT. BUT IT'S GOTTA BE SOME OTHER USE FOR THIS OTHER THAN TRUCKS COMING AND GOING, PARKING BEING WORKED ON, YOU KNOW, IT CAN'T BENEFIT THE COUNTY. AND AGAIN, I HOPE Y'ALL CHANGE YOUR MIND AND DENY THIS. THANK YOU. THANK YOU MR. BAIN. IS ANYBODY ELSE WOULD LIKE TO SPEAK TO THIS CASE? SHOULD I SAY JUST ONE QUESTION? YOU COME ON UP OR YOU'VE GOT SOMETHING TO SAY, SIR. SO THE QUESTION IS, WOULD YOU LIKE TO LIVE NEXT DOOR TO THIS OPERATION? OH, WOULD ANY OF YOU? THAT'S IT. THANK YOU SIR. LAST CALL. ANYBODY ELSE WOULD LIKE TO SPEAK TO THE CONDITIONAL USE PERMIT? AHA, MR. GORDON. NAME AND ADDRESS FOR THE RECORD, PLEASE, SIR. I, HAMPTON GORDON. LET'S SEE, I'LL USE 19 212 LUNDY ROAD. I OWN THE PROPERTY DIRECTLY ACROSS THE ROAD NEXT, NEXT TO THE POST OFFICE, THE OLD POST OFFICE PROPERTY. AND I'M VERY FAMILIAR WITH AUSTIN. I I THINK A LOT OF AUSTIN. HE'S A, HE'S A GO-GETTER. I CAN APPRECIATE THAT. UM, AND HE'S, AND HE LIVES IN THE COUNTY. HE DOES A LOT FOR THE COUNTY. UH, I'M NOT SO CONCERNED ABOUT, WELL, I AM CONCERNED ABOUT WHAT GOES ON THERE. MY MOTHER STILL LIVES IN THE NEIGHBORHOOD. UM, AND LIKE I SAID, I OWN A PROPERTY THERE, BUT I, I DON'T KNOW WHAT THIS IS GONNA LOOK LIKE. I HAVEN'T SEEN ANYTHING THAT TELLS ME WHAT IT, AND OF COURSE I MIGHT BE A LITTLE BIASED BECAUSE I DO SITE PLANS FOR A LIVING, BUT I'M NOT TRYING TO GET WORK. I'M NOT TRYING TO GIVE ANYBODY ELSE WORK. I JUST WOULD LIKE TO KNOW WHAT IT'S GONNA LOOK LIKE BECAUSE I DON'T KNOW WHAT MAY COME ACROSS THE ROAD FROM IT OR WHAT, WHAT I'D BE ABLE TO BRING ACROSS THE ROAD FROM IT AT A LATER DATE. I DON'T KNOW WHAT TYPE OF SCREENING. I DON'T KNOW WHAT, WHAT, WHAT TYPE OF DRAINAGE. I DON'T, I DON'T KNOW WHAT IT'S GONNA LOOK LIKE. ARE THE TRUCKS GONNA SIT OUT NEXT TO THE ROAD OR THEY, UH, I MEAN YOU'VE, NOW THAT IT'S BEEN, UH, CHANGED ZONING TO TO B TWO, I THINK IT ALLOWS FOR MECHANIC WORK TO BE DONE IN B TWO IF, UH, UNDERSTOOD THOSE THINGS TO BE DONE. SO QUITE HONESTLY, HE CAN DO A MECHANIC SHOP THAT NOW. UM, SO I'M NOT, I'M REALLY NOT THAT CONCERNED ABOUT IT, BUT I WOULD LIKE TO KNOW APPEARANCE WISE, WHAT IT'S GONNA LOOK LIKE. OKAY. THAT'S ALL I REALLY HAVE. THANK YOU. THANK YOU SIR. ANYONE ELSE THAT HAS NOT SPOKEN THAT WOULD LIKE TO SPEAK? ALRIGHT, WE'LL CLOSE THE PUBLIC HEARING THEN FOR, UH, C DASH 26 DASH TWO AND, UH, AGAIN, THE APPLICANT. IF YOU'VE GOT ANYTHING YOU WOULD LIKE TO, UH, ADD BASED ON WHAT YOU'VE HEARD, THE CITIZEN COMMENTS, UH, ONCE AGAIN, I WANT TO THANK THE COMMUNITY FOR COMING OUT AND THEIR CONCERNS. UM, THE LAND, IT WAS A BUSINESS, SO, UM, THE ONLY REASON THAT IT ATTRACTED TO ME THAT IT WAS A, YOU KNOW, BUSINESS. SO I, I WOULD BE RUNNING A, A BUSINESS THERE AND I WOULD RESPECT THE LAWS. AND I, I DON'T SEE HOW IT'S NOT BENEFICIAL FOR THE COMMUNITY BECAUSE IF I'M RUNNING, UH, SOME TYPE OF MECHANICAL, THERE'S A LOT OF TRUCKS AROUND THAT AREA. UH, YOU HAVE THOSE DISTRIBUTION CENTERS AND THEN YOU HAVE ROCK QUERIES, UH, ABOUT TWO OR THREE OF 'EM NEARBY. THEY, THIS IS A, UM, IT'S LOW SERVICE AROUND HERE FOR, UH, MECHANICAL SHOPS. SO IT WOULD HELP, I THINK THE COMMUNITY IN THAT AREA AS LONG AS I RESPECT AND NOT HAVE NOISE AND, AND WIDE OPEN. AND, UM, MY PLAN FOR THE, LIKE THE, THE, THE GENTLEMAN THAT, UH, BRUNG IN, I'M GOING TO PUT A BIG WALL IF I GET THE LAND, UH, RIGHT ON THE FRONT. SO IT'S GONNA BE SECURED. THERE WOULD BE NOTHING WHERE ANYONE COULD SEE IN OR OUT BECAUSE I WOULD BE PROTECTING MY ASSETS AS WELL. I HAVE TRUCKS, I HAVE TO HAVE IT SECURED. UH, AND I THANK YOU FOR THE OPPORTUNITY. ALRIGHT, THANK YOU SIR. UH, ANY QUESTIONS? UH, ANY OF YOU ALL HAVE OR COMMENTS, DELIBERATION? I'VE GOT A QUESTION FROM MARK. UH, MR. GORDON [01:10:01] MADE NOTE THAT BASED ON CURRENT ZONING THAT IT CAN BE USED FOR AUTO MECHANIC SHOP. IS THERE A, A DIFFERENTIAL BETWEEN STANDARD AUTO MECHANIC SHOP AND DIESEL MECHANIC SHOP? WHAT'S GOING TO PREVENT IF WE DON'T PASS THIS THEN FROM MOVING IN A AUTO MECHANIC SHOP THERE? UM, THE B TWO ZONING CLASSIFICATION DOES ALLOW FOR AUTOMOBILE SELF-SERVICE STATION. UM, AND FOR AN AUTOMOBILE SELF-SERVICE STATION, IT DOES EXCLUDE, UM, TRACTOR TRAILERS FROM BEING, UM, THOSE ARE NOT ALLOWED AS A AUTOMOBILE SELF SERVICE STATION. WE ALSO ALLOW AUTOMOBILE SERVICE STATION AND, UM, A SERVICE STATION, UM, DOES NOT ALLOW, UM, MAJOR MECHANICAL AND BODY WORK STRAIGHTENING OF BODY PARTS PAINTING, WELDING, STORAGE OF AUTOMOBILES OR TRUCK TRUCKS. UM, SO BOTH OF THOSE, YOU REALLY WOULDN'T BE ABLE TO REPAIR OR SERVICE TRUCKS UNDER EITHER OF THOSE USES. THE AUTOMOBILE, SELF-SERVICE STATION, AUTOMOBILE SERVICE STATION, UM, WE ALSO DO ALLOW, UM, PUBLIC GARAGES. SO LOOKING AT THAT, UM, WE DO AGAIN ALLOW, UM, WHAT WE CALL A PUBLIC GARAGE. IT DOES INCLUDE MAJOR ENGINE AND TRANSMISSION REPAIRS. UM, YOU SHALL NOT BE ALLOWED TO DISMANTLE OR STORE IN OPERATIVE VEHICLES EXCEPT FOR, UM, WE HAVE SPECIFIC REGULATIONS RELATED TO INOP VEHICLES. IT'S BASED ON THE NUMBER OF BAYS YOU HAVE. UM, YOU CAN HAVE A MAXIMUM OF 15 INOPERABLE VEHICLES ON WITH A PUBLIC GARAGE, BUT THEY DO HAVE TO BE SCREENED FROM PUBLIC VIEW. AND, UH, WE DO HAVE OTHER REQUIREMENTS RELATED TO THE INOP VEHICLES. APPRECIATE THE CLARIFICATION. HAVE QUESTION, SIR. UM, I DON'T KNOW IF I'M OUTTA PLACE WITH THIS QUESTION, BUT I THINK I, ONE OF THE CITIZENS, I THINK IT MAY HAVE BEEN MR. HARGRAVE MADE A STATEMENT ABOUT THE BRIDGE IN THE RAILROAD AND IT SOUNDED AS IF IT, IT WAS A, WOULD BE GOOD IF THAT BRIDGE COULD BE REPLACED BY A VIEWABLE BRIDGE. IS THAT, IS THAT WHAT THE CASE, HIS POINT WAS? MAYBE I'M JUST SPEAKING FROM THE SAFETY STANDPOINT IN THIS LITTLE AREA THAT WE ARE, WE ARE DEBATING HERE, UM, IS THAT SOMETHING THAT COULD BE, UM, DONE IN THE FUTURE OR, OR IS, IS THAT, THAT WOULD HELP THE SITUATION IN THAT, IN THAT AREA? OR DID I HEAR SOMETHING THAT WASN'T QUITE WHAT I'M THINKING? DID, DID ANYONE ELSE HEAR THAT? OR ARE WE PLANNING, [01:15:01] IS, IS THE GOAL FOR THE FUTURE TO DO AWAY WITH THAT BRIDGE AND PUT A SAFER VIEW BRIDGE THERE, LIKE A LEVEL WHEREAS THE, I GUESS THE TRAIN, THE RAILROAD WILL NOT BE COMING, MAY NOT, OBVIOUSLY NOT COMING BACK THROUGH AND UM, THAT COULD BE THAT THAT HAZARD COULD BE, UH, YOU KNOW, SOLVED IN THE FUTURE, WHICH COULD EVEN ALSO SOLVE THE, UH, DANGER ZONE. THAT'S, THAT'S, THAT'S EXISTING RIGHT NOW ACTUALLY WHEN I LEAVE THE, UM, POST OFFICE THERE, UH, SOMETIMES THE CAR SPEEDING OVER THAT BRIDGE, YOU KNOW, YOU GOTTA BE REAL CAREFUL THERE NOW. SO I DIDN'T KNOW, I DIDN'T KNOW IF SOME WHOEVER MADE THAT STATEMENT OR DID I HEAR SOMETHING WRONG. I THINK THEY JUST SAID THEY HOPE THAT THEY DO AWAY WITH THE, THEY HOPE THAT THEY DO AWAY WITH THE BRIDGE. YEAH. OKAY. THANK YOU. THANK YOU SIR. ANY, ANY OTHER COMMENTS? UM, I WOULD, I WOULD JUST SAY, UM, I, FOR THE RECORD, AM AGAINST THIS. I'LL SAY THAT TO START, BUT I DO THINK THAT, UM, WE MIGHT WANNA LOOK AT SOME OF THOSE CONDITIONS IN THE CASE THAT THE BOARD OF SUPERVISORS DECIDED TO APPROVE IT, UM, INCLUDING THE DAYS OF OPERATION AND THE SPECIFYING THE TIMES. WOULD, WOULD YOU HAVE A RECOMMENDATION TO UH, UM, ADJUST NUMBER THREE FOR THE TIMES AND DAYS OF THE WEEK? UM, I WOULD SAY 8:00 AM TO 6:00 PM AS THE APPLICANT STATED, UM, FOR MONDAY THROUGH FRIDAY. UM, SATURDAY I WOULD SAY WOULD NEED TO BE SOMETHING ELSE I DON'T HAVE, I WILL LOOK TO OTHERS TO SEE IF THEY HAVE SUGGESTIONS FOR THAT. I DON'T HAVE ANY MAJOR ISSUES WITH WORKING SATURDAYS AND HAVING SATURDAY HOURS. SO EIGHT TO SIX SATURDAY IS SOMETHING YOU WOULD BE OKAY WITH? SO EIGHT TO SIX? ME PERSONALLY? YEAH. YEAH. SO EIGHT TO SIX ON SIX DAYS A WEEK THEN MAYBE. OR, UM, AND THE OTHER PARTS, UM, THAT THE APPLICANT MENTIONED ABOUT THE SCREENING, UM, YOU KNOW, I DON'T KNOW IF WE CAN SPECIFY TO BE MORE SPECIFIC TO SOMETHING THAT WOULD BE MORE VISUALLY APPEALING. UM, ARE YOU REFERRING TO NUMBER TWO, NUMBER FOUR? UH, WELL I GUESS IT'S N TWO AND NUMBER FOUR AS WELL, RIGHT? UM, I DON'T KNOW WHAT THAT LOOKS LIKE. I JUST, I WOULD LIKE TO BE MORE SPECIFIC. I'LL THROW OUT TO YOU THAT IN MY OPINION, OPAQUE FENCE WALL IS PRETTY, PRETTY, PRETTY GOOD. BUT EXCEPT FOR THE HEIGHT, IT MIGHT BE A HEIGHT OR IF ANYBODY HAS A SUGGESTION ABOUT A HEIGHT REQUIREMENT ON THAT. MR. CHAIRMAN, IF YOU ADDED THE WORD COMPLETELY IN FRONT OF THE WORD SCREENED, THEN THE SCREENING WOULD HAVE TO BE HOWEVER HIGH AND LOW IT WOULD NEED TO BE TO, SO YOU WOULDN'T SEE IT FROM THE PUBLIC. UH, AMIR EDBERG. THANK YOU. SO THAT COULD BE, UH, THE USE OF THAT WORD COULD BE APPLIED TO NUMBER TWO OR FOUR IN TERMS OF SOMEONE WHO WANTS TO MAKE A MOTION. UM, AND YOU MIGHT WANNA PUT IT IN BOTH JUST TO BE CONSISTENT. I NEVER LIKED TO SEE A CUP 10 YEARS LATER THAT HAS A WORD, ONE PLACE AND NOT ANOTHER, THEN WE START TO WONDER WHAT YOU MEANT. VERY GOOD POINT. ALRIGHT, WE'RE SORT OF JELLING AROUND THESE, UH, CONDITIONS. UH, THERE ARE 10 OF THEM, BUT WITH MODIFICATIONS [01:20:01] TO THREE IE NUMBER TWO, NUMBER THREE AND NUMBER FOUR. UM, ANYBODY ELSE, UH, CARE TO COMMENT ON THOSE OR MAYBE HAVE AN ADDITIONAL SUGGESTION, DELETION, ADDITION? ANYTHING ELSE? WOULD SOMEBODY LIKE TO MAKE A MOTION AND INCLUDE THOSE, UH, THREE MODIFIED CONDITIONS? MR. CHAIR? I, I APOLOGIZE. I HAVE ONE COMMENT. UM, IN CONDITION NINE, UM, I LEFT OUT, UM, IN THE STAFF REPORT, UM, NUMBER NINE, ALL ACTIVITIES ASSOCIATED WITH THE REPAIR AND OR STORAGE OF, AND I WOULD LIKE TO ADD TRACTOR TRUCKS AND EQUIPMENT DOES, SO THERE'S A, THERE'S A BIG SPACE THERE. SO YOU'RE SAYING THAT BIG SPACE SHOULD HAVE TRACTOR TRAILER, TRACTOR TRUCKS, TRACTOR TRUCK. YES. TWO WORDS, NO COMMA YES, CORRECT. WITH TWO WORDS AND NO COMMA TRACTOR TRUCKS. GOT IT. IT IS A BIG DIFFERENCE. I GOT IT. YEP. SO NOW WE HAVE FOUR MODIFICATIONS, NUMBER TWO, NUMBER THREE, NUMBER FOUR, AND NUMBER NINE. ANYTHING ELSE? YEAH, MR. CHAIR, I'D JUST LIKE TO CLARIFY, UM, HOW WERE YOU ALL, UM, CHANGING THE VERBIAGE IN CONDITION THREE? WHAT THE RECOMMENDED? UM, I WOULD SAY CONDUCTED BETWEEN THE HOURS OF 8:00 AM TO 6:00 PM MONDAY THROUGH SATURDAY. OKAY. JUST CHECKING. CLARIFYING. OKAY, SO WE GOT AN ADDITIONAL WORD AND TWO OF THOSE ADDITIONAL TWO WORDS AND NUMBER NINE AND EIGHT TO SIX MONDAY THROUGH SATURDAY FOR THE OTHER ONE. ANYONE WOULD LIKE TO MAKE A MOTION TO THAT? I'LL MAKE A MOTION BE IT RESOLVED THAT IN ORDER TO ASSURE COMPLIANCE WITH VIRGINIA CODE SECTION 15.2 DASH 2286 A THREE AND SEVEN AND ZONING ORDINANCE SECTIONS 22 DASH 22 AND 22 DASH TWO. 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 THE CONDITIONAL USE PERMIT REQUEST C DASH 26 DASH TWO AS PRESENTED WITH THE CORRECTIONS THAT Y'ALL PUT IN. BE RECOMMENDED FOR DISAPPROVAL TO THE BOARD OF SUPERVISORS AS THE ISSUANCE OF A CONDITIONAL USE PERMIT WOULD NOT BE IN COMPLIANCE WITH THE INTENT, PURPOSE, AND DESIGN OF THE DENWOOD COUNTY ZONING CODE. SECOND. ALRIGHT, WE HAVE A MOTION AND A SECOND, UM, FOR DISAPPROVAL WITH, UM, UH, MODIFICATIONS. MR. GURLEY? MR. SIMMONS? NO, MS. BISHOP? AYE. MR. TAYLOR? YES. MR. TITUS? YES. MR. HARBO? NO. MR. LANGLEY? YES. AND MR. HAYES? YES. FIVE MEMBERS VOTING YES FOR DISAPPROVAL, TWO MEMBERS VOTING NO. ALL RIGHT. SO THANK EVERYBODY FOR LISTENING TO OUR DELIBERATIONS FOR THOSE TWO CASES. THAT CONCLUDES OUR PUBLIC HEARINGS FOR TONIGHT. UH, AND MOVING ON TO OUR AGENDA TO ITEM NUMBER EIGHT. IS THERE ANY OLD BUSINESS? UH, NO. MS. CHAIR? I HAVE NO OLD BUSINESS. ALRIGHT. THANK YOU SIR. UH, LOOKING TO YOU TO START OFF ON NEW BUSINESS. ANYTHING THERE? NO NEW BUSINESS, MR. CHAIR. THANK YOU. ALRIGHT. AND THEN FOR, [10. COMMISSIONERS' COMMENTS] UH, MY FELLOW COMMISSIONERS, SIX OF YOU GUYS, UH, ANYTHING Y'ALL HAVE WOULD LIKE TO TALK ABOUT OR COMMENT? UM, I GUESS I WILL, I WILL HAVE ONE COMMENT TO YOUR, TO YOUR QUESTION. UH, UH, I KIND OF WANTED TO KEEP IT SEPARATE BECAUSE I'VE BEEN INVOLVED WITH THIS FOR A LONG, LONG TIME. I DON'T THINK THERE'S ANY, THERE'S ANY, UH, DESIRE TO REPLACE THAT BRIDGE. UM, I WAS PART OF A TEAM A LONG TIME AGO THAT SUGGESTED KEEPING THAT BRIDGE AND FORCING THE RAILROAD ALIGNMENT, THE PROPOSED RAILROAD ALIGNMENT TO GO RIGHT THROUGH THERE. SO, UM, WHO KNOWS WHEN IT'LL HAPPEN, WHO KNOWS WHEN IT'LL HAPPEN. MM-HMM . UM, MY COMPANY IS UNDER [01:25:01] CONTRACT, UH, OR WILL BE UNDER CONTRACT SOON TO START DESIGNING, UH, THE BRUNSWICK COUNTY PORTION. ONE OF MY COMPETITOR FIRMS WILL BE STARTING A DESIGN ON THE, UM, DEN WITTY COUNTY PORTION NEXT MONTH. SO THERE IS AT LEAST PLANS TO START DESIGNING THAT. AND THEIR INITIAL GUIDANCE GIVEN TO BY VIRGINIA PASSENGER RAIL AUTHORITY IS TO HOLD THAT ALIGNMENT AND, UH, 'CAUSE THE, THE RAILROAD WAS BUILT WITH A 60 MILE AN HOUR CURVE AROUND DENWITTY AND THE NEW TRACK SPEED, WHETHER IT BE 110 MILES AN HOUR. SO THAT'S WHY HOLDING THAT SPACE. SO, UM, AND THEN JUST, JUST FOR THE RECORD, PART OF MY OWN THINKING ABOUT THE AREA, I WOULD LOVE TO SEE A TRANSIT ORIENTED ENVIRONMENT IN OUR FUTURE. AND I WOULD LOVE TO SEE A LOT OF THE BUSINESSES THAT YOU TALKED ABOUT, LIKE RETAIL AND DIFFERENT THINGS TO HAVE A WALKABLE COMMUNITY. YOU COME BACK TO THE TRAIN STATION, YOU KNOW, BLAH, BLAH, BLAH, BLAH, BLAH. I KNOW IT SOUNDS FARFETCHED AND YOU PROBABLY LOOK AT ME AND SAY I'M CRAZY. BUT THAT'S PART OF MY THINKING AND I THINK IT ANSWERS SOME OF YOUR QUESTIONS. RIGHT? YEAH. THANKS. ANYONE ELSE? YOU SAID, UH, [11. PLANNING DIRECTOR'S COMMENTS] YOU KNOW, BACK TO YOU I GUESS FOR ANY, UH, ANY DIRECTOR COMMENTS? YES. UH, P OF DIRECTOR COMMENTS? UH, JUST WANTED TO MAKE YOU ALL AWARE. UH, WE WILL HAVE, UM, SOME CASES FOR OUR JUNE MEETING, UM, TWO CONDITIONAL USE PERMIT APPLICATIONS, I BELIEVE THAT WILL BE GOING OVER. UM, AND THEN A REZONING, UH, THE REZONING IS, UH, FROM A PROPERTY OWNER, UH, CURRENT PROPERTY OWNER IN THE WEST PETERSBURG NEIGHBORHOOD. SO WE'LL HAVE, UH, ONE OF THOSE CASES WHERE WE'LL BE HEARING THE, FOR THE RU ZONING CLASSIFICATION. AND, UM, WE MAY BE HAVING, UM, NOT A HUNDRED PERCENT SURE YET, BUT WE MAY BE HAVING A ZONING ORDINANCE. UM, AND, UH, CODE RELATED, UH, DEWEY COUNTY CODE RELATED TEXT AMENDMENT, UM, FOR THE TEXT OF THE ZONING ORDINANCE, AS WELL AS SOME OTHER SECTIONS OF THE COUNTY CODE. UM, MAYBE ADVERTISING THAT, UM, TO COME BEFORE YOU ALL AT THE, YOUR JUNE MEETING. I WILL BE AT FOUR H CAMP, SO I'LL NOT BE AT THE JUNE MEETING. SO YOU'RE THINKING MAYBE A TOTAL OF TWO OR THREE CASES PLUS THE, UH, PLUS THE, UH, ZONING. YES. SO WHAT'S THE NATURE OF THE ORDINANCE? JUST BRIEFLY? JUST IN GENERAL. YOU WANNA WAIT UNTIL IT COMES OUT LATER. THAT'S FINE. YOU'RE NOT READY. UM, THEY'RE GENERALLY ALL IN RESPONSE TO THE GENERAL ASSEMBLY SESSION. OH BOY. YEAH. AND UH, MAJORITY OF IT REVOLVES AROUND, UH, SOLAR. OKAY. YEAH, IT'S BEEN FUN FOLLOWING THE GENERAL ASSEMBLY THIS YEAR. I'LL, I'LL SAY. OKAY. ANY, UH, ANYTHING ELSE FROM STAFF? THAT'S ALL I HAVE. MR. CHAIR. AND ANYTHING ELSE FROM FELLOW COMMISSIONERS? I GOT ONE THING, SPEAKING OF WHAT HAPPENED IN GOVERNMENT IN VIRGINIA, IT LOOKS LIKE, UH, WE NO LONGER WILL BE ABLE TO KEEP SECONDARY HOMES OFF OF PIECES OF PROPERTY IN DIMITY COUNTY, UH, LIKE WE CURRENTLY DO DUE TO LEGISLATION. WELL JUST THINK ABOUT THAT FELLOWSHIP HALL YOU HAVE AT YOUR CHURCH, RIGHT? YOU COULD HAVE A PROPERTY. ARE YOU, ARE YOU REFERRING TO THE ACCESSORY DWELLING UNITS? YES, THAT DOES HAVE A DELAYED ENACTMENT FOR JULY, UH, FIRST 20, 27. AND UH, OUR PLAN RIGHT NOW IS TO HAVE WORKSHOPS, UM, WITH YOU ALL AND THE BOARD OF SUPERVISORS TO COME UP WITH A ORDINANCE THAT IS ONE COMPLIANT WITH THE STATE AND ONE THAT KIND OF SUITS OUR NEEDS. UM, SO NOT A PRESSING ISSUE RIGHT NOW COMPARED TO SOME OF THE OTHER STUFF THAT WE'RE GONNA BE BRINGING BEFORE YOU ALL. UM, BUT IT IS ON THE RADAR. ONE OTHER THING I MEANT, I MEANT, UH, I FORGOT TO MENTION, UH, THE STATE DID PASS, UM, MANDATORY, UH, MANUFACTURED HOUSING ALLOW IS ALLOWED NOW WHEREVER, UH, SINGLE FAMILY HOUSING IS IS IS ALLOWED. SO CURRENTLY IN THE A TWO ZONING DISTRICT, IT'S THE ONLY DISTRICT IN THE COUNTY WHERE SOMEONE CAN, UH, PUT UP A MANUFACTURED MOBILE HOME, UH, FOR A, FOR A SINGLE FAMILY DWELLING. AND OUR RESIDENTIAL DISTRICTS IS NOT ALLOWED. UM, THAT HAS BEEN CHANGED, UH, BY THE STATE OF VIRGINIA. UM, THE ONE CAVEAT IS IN THOSE RESIDENTIAL DISTRICTS, UH, THE HOME MUST BE OLDER OR NEWER THAN JULY 1ST, 2021. SO IT GOES BACK FIVE YEARS. ANY, ANY HOME BUILT AFTER, UH, BUILT BEFORE THAT DATE WOULD [01:30:01] NOT BE ALLOWED IN THE RESIDENTIAL ZONING DISTRICT. BUT, UM, THE A TWO WOULDN'T CHANGE JUST THE RESIDENTIAL DISTRICTS. THAT'S THE OTHER BIG ONE. SO THERE'S NOTHING LIKE WE COULD PUT RESTRICTIONS ON SIZE OF THE LOT OR SOMETHING LIKE THAT, THAT WOULD KEEP IT OUT OF AN RR ONE AS OPPOSED TO, UM, THERE THERE'S NOTHING, THERE'S NOTHING THAT WE'RE GONNA BE ABLE TO DO TO RESTRICT SOMEBODY FROM PUTTING A, A MANUFACTURED HOME ON A RESIDENTIAL ZONED LOT IN THE COUNTY OR TINY HOME. UM, I SEE THAT WENT THROUGH TOO. YEP. UM, WE, WE ARE LOOKING AT SOME POTENTIAL, UM, A POTENTIAL ORDINANCE REGARDING ORIENTATION OF A HOME ON A LOT. WE DON'T HAVE ANYTHING IN WRITING RIGHT NOW, BUT WE ARE LOOKING TO POTENTIALLY, UH, BRING SOMETHING FOR YOU ALL IF WE'RE ABLE TO FIGURE THAT OUT, UM, TO POTENTIALLY LIMIT THE ABILITY TO, UH, SHOTGUN ONE OF THOSE HOMES ON A, ON A SKINNY OR SMALLER LOT. UH, BUT WE DON'T HAVE ANYTHING WRITTEN RIGHT NOW HOW THAT WOULD LOOK, BUT WE HAVE HAD DISCUSSIONS ON A POTENTIALLY A TRYING TO BRING THAT BEFORE YOU ALL TO ESTABLISH THAT AS A FORM OF MEDIATION TO THE SITUATION. SO IS THERE A LIMITATION TO THE SIZE OR THE LENGTH OF THE MOBILE HOME? UM, NOT THAT I HAVE SEEN. UH, THE ORDINANCE THAT WE CURRENTLY OPERATE UNDER HAS DIFFERENT DEFINITIONS FOR MANUFACTURED HOME AND MOBILE HOME. UM, IT DOES NOT INCLUDE MOBILE HOME. IT WOULD JUST INCLUDE MANUFACTURED HOME, WHICH IS YOUR SINGLE WIDE, DOUBLE WIDE, TRIPLE WIDE, UM, SPECIFICALLY BUILT TO THE HUD STANDARD, UM, NOT THE VIRGINIA BUILDING CODE. HMM. AND THE IDEA WITH THE ORIENTATION, IF WE'RE ABLE TO TO FIGURE THAT OUT WOULD BE IN YOUR TYPICAL R ONE LOT, THERE'S A 100 FOOT WIDTH REQUIREMENT. YOU KNOW, MIGHT HAVE SOMEBODY WHO WANTS TO SHOTGUN IT SIDEWAYS SO THE FRONT OF THE HOUSE IS FACING TOWARDS THEIR NEIGHBOR. UM, WE'RE KIND OF, WE'RE TRYING TO FIND A WAY IF WE CAN IMPLEMENT SOMETHING TO, TO PREVENT THAT FROM HAPPENING. UM, SPECIFICALLY THE WEST PETERSBURG NEIGHBORHOOD WITH THE RU ZONING BEING 50 FOOT, IT WOULD BE VIRTUALLY IMPOSSIBLE TO FIT A DOUBLE WIDE ON ONE OF THOSE LOTS. UM, AND WE SEE THAT AS A VULNERABLE AREA WHERE IF WE WERE ABLE TO FIND SOME WAY TO HAVE A, AN ORIENTATION ORDINANCE WHERE THE FRONT OF THE HOME NEEDS TO BE FACING THE FRONT OF THE STREET, IT WOULD ELIMINATE THE SHOTGUNNING, BUT THAT THE ADUS IS IN 2027 AND THEN SOLAR RELATED ORDINANCE CHANGES. SO THANK YOU FOR THAT BRIEFING. YEP. I'LL MAKE A MOTION TO ADJOURN. WELL, THANK YOU SECOND. ALL IN FAVOR? A WE ARE ADJOURNED. * 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.