Jun 01, 2023 Planning Commission Meeting 06-01-23

HEARING IS IN, UH, DISTRICT FIVE.

ALL RIGHT.

WE'LL START WITH THE PUBLIC HEARING.

NOTICE THE FIRST

[7. Public Hearing Items]

YES, SIR.

RZ 20 23 5.

APPLICATION BY JEFFREY AND ANN BROCK

[1. District – 5 – RZ-2023-00005 – Application by Jeffrey and Ann Brock requesting]

REQUESTING A REZONING OF A 5.95 ACRE PORTION OF 15.04 ACRES FROM AGRICULTURAL LIMITED, A TWO TO RESIDENTIAL RURAL RR WITH PROFFERED CONDITIONS TO CREATE ONE ADDITIONAL RESIDENTIAL LOT AT 7 85 CEDAR RUN TRAIL ON TAX MAP NUMBER 62 7 0 B ZERO.

THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT.

THANK YOU, MS. PARKER.

UH, GOOD EVENING, MR. CHAIRMAN, MEMBER OF THE CO MEMBERS OF THE COMMISSION.

FOR THE RECORD, I AM RAY CASH, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT.

UM, AS MS. PARKER STATED, THIS IS A REZONING, UH, FROM A TWO TO RR WITH PROFFER CONDITIONS.

IT IS FOR ONE ADDITIONAL LOT, UH, AN ANCHORAGE, ABOUT 5.95 ACRES.

UM, IT'S LOCATED IN GENERALLY THE SORT OF SOUTH EASTERN PORTION OF THE COUNTY.

UH, THE PARCEL, UH, FROM THE COMPREHENSIVE PLAN IS DESIGNATED RURAL ENHANCEMENT, AS IS PRETTY MUCH THE SURROUNDING AREA.

AS YOU CAN SEE, UH, THE AERIAL SHOWS THERE IS ONE EXISTING HOUSE ON THE PARCEL AS IT CURRENTLY STANDS.

AND THAT LIKE OTHER PROPERTIES IN THE AREA GENERALLY ACCESS ONTO THIS PRIVATE ROAD CEDAR RUN TRAIL.

WHAT'S BEING PROPOSED TONIGHT IS REALLY TO CHANGE ONLY THE ZONING DESIGNATION FOR THE AREA I'VE HIGHLIGHTED WITH THE BLUE LINE AND THE BLUE ARROW.

UM, THIS IS THE, THE LAND THAT'S BEING SPLIT FROM THIS PROPERTY AND AS PART OF THE, IS THE REZONING PROPOSAL.

SO IT'S PART OF AN EXISTING 15.04 ACRES.

UM, THE REALLY PROPOSAL IS TO ADD ONE ADDITIONAL SINGLE FAMILY, UM, LOT, AND THAT IS FOR THE APPLICANT'S ORDER.

UM, THE EXISTING LOT SUBDIVISION HAS FRONTAGE ON A PRIVATE ROAD.

HOWEVER, UM, FOR COMPLIANCE WITH OUR ORDINANCE, THERE ARE NO MORE ACCESSES ALLOWED ONTO CEDAR RUN TRAIL UNTIL THAT IS BROUGHT UP TO STATE ROAD STANDARDS.

UM, SO THE APPLICANT HAS PROFFERED TO ACCESS ONTO CEDAR RUN ROAD, UM, UNTIL SUCH TIME.

IF IN THE FUTURE THEY COULD HAVE A DRIVEWAY IF THE ROAD GETS UPGRADED.

[00:05:01]

UM, OTHER LOTS IN THE AREA DO FRONT, UH, CEDAR RUN ROAD.

UM, AND THEY INCLUDE LANDSCAPE SETBACKS, PRESERVATIONS FOR THE, UM, STRIPS ALONG DIFFERENT FRONTAGE.

IT'S A VARIETY OF DIFFERENT DEVELOPMENTS AND ZONING CASES THAT HAVE COME, UM, ABOUT OVER THE YEARS, BUT IT DOES, UM, PREVENT PRESENT A NICE RURAL CHARACTER FOR THE AREA.

WELL VEGETATED NICE VIEWS ALONG THE ROADWAY.

CEDAR RUN ROAD ITSELF REALLY SERVES AS SORT OF THE COMBINING SUBDIVISION STREET FOR ALL OF THOSE NEIGHBORHOODS, WHICH ARE ALL ACTUALLY PRIVATE ROAD SUBDIVISIONS.

UM, THE PROFFERS THAT HAVE BEEN OFFERED WOULD RELATE TO LIMIT THE DIVISION TO THE 5.9 ACRE PARCEL WITH NO OTHER DIVISIONS.

UM, IT WOULD PRECLUDE THE CEDAR RUN ACCESS UNTIL SUCH TIMES BROUGHT UP TO STATE STANDARDS.

AND THE APPLICANTS HAVE ALSO PROFFERED A HUNDRED FOOT BUFFER ALONG THEIR FAGE OF CEDAR RUN ROAD, WHICH REALLY KEEPS IT IN CHARACTER WITH THE AREA.

UM, THERE WAS A COMMUNITY MEETING HELD BACK IN APRIL.

UM, TWO CITIZENS WERE IN ATTENDANCE.

UH, CONCERNS WERE MADE, UM, REGARDING THE ACCESS POINT OF CEDAR ONE ROAD LOT CLEARING THE ORIENTATION AND VISIBILITY OF THE PROPOSED DWELLING ON THE PROPERTY.

HENCE THAT'S THE ADDRESS OF WHAT THE, UM, APPLICANT HAS TRIED TO PRESENT WITH HAVING THE PRO, UH, THE BUFFER.

THAT'S PRETTY SIMILAR.

UM, THE IN ADDITION, AS I WAS MENTIONED BEFORE, THEY'VE LIMITED THE ACCESS TO THE PRIVATE ROAD.

THEY'RE NOT ALLOWED TO DO SO UNTIL IT'S UPGRADED.

AND THEN THE DRIVEWAY SPACING THAT WAS OF CONCERN THAT BROUGHT UP IN THE MEETING, THAT'S SOMETHING CONTROLLED BY THE ORDINANCES AS WELL AS VDOT.

UM, THE DRIVEWAY IS GONNA HAVE TO BE A MINIMUM OF 200 FEET AWAY FROM CEDAR RUN.

THE INTERSECTION OF CEDAR RUN ROAD WAS CEDAR RUN TRAIL.

THAT'S SOMETHING THAT IS HANDLED THROUGH THE, THE PLAN REVIEW PROCESS.

IT DOESN'T NEED TO BE PROFFERED.

SO THAT'S IT.

UM, STAFF, OF COURSE, IS AVAILABLE FOR ANY QUESTIONS.

AND, UH, THE APPLICANT IS PRESENT.

THE APPLICANTS, I APOLOGIZE.

NO QUESTIONS.

WOULD THE APPLICANT LIKE TO SPEAK? YOU DON'T HAVE TO .

YOU DON'T HAVE TO.

I HAVE A QUESTION FOR MR. CASH.

MR. MR. CASH? I DO HAVE A QUESTION.

ON THE, UH, ACCESS, UH, IS THERE WITH, ON, ON THE PLAT, THERE IS ENOUGH AC THERE IS ENOUGH.

UH, UM, THIS IS FOOTAGE ROAD FRONTAGE TO, TO ACHIEVE THE ACCESS THAT'S REQUESTED.

THE EXACT DETERMINATION.

RIGHT? UH, THIS HASN'T BEEN PROFFERED, BUT THIS WAS SUBMITTED CUZ IT PREDATED WHEN THE BUFFER WAS ADDED.

UM, BUT THE, THERE'S PLENTY OF, THERE'S LIKE, UH, YEP.

ABOUT, IT'S 400 FEET OF RIGHT FRONTAL LONG CEDAR REN RAID, SO IT'S PLENTY OF ROOM.

SEEING THE APPLICANT I WANNA SPEAK, THERE'S A, ANY PUBLIC COMMENT? SEEING NONE, WE'LL CLOSE THE PUBLIC COMMENT.

WE HAVE ONE NEIGHBOR, OH, YOU GOTTA COME UP HERE.

SURE.

THAT'S, SORRY I DIDN'T SEE YOU BACK SO FAR BACK.

NO PROBLEM.

, YOUR NAME AND ADDRESS.

UH, TONY OWENS 8 24 SUMMIT COURT, MANNEQUIN, SABBA, ONE OF THE NEIGHBORS.

AND, UH, JUST FULL SUPPORT OF WHAT THE BROCKS WANT TO DO AND, UH, WANNA ENCOURAGE THE, THE BOARD, THE PLANNING COMMISSION TO, TO PASS IT AND LET IT MOVE ALONG.

SO, THANK YOU.

ANYONE ELSE? ANYONE ELSE? I'VE MISSED WELL'S.

PUBLIC COMMENT.

NO ADVERSE EFFECTS ONLY.

ONLY PUBLIC WHATSOEVER.

UP.

MR. D, ANY COMMENT? NO, I'LL MAKE A MOTION.

APPLICATION BY RHONDA RENAZZO DBA PORTICO RESTAURANT REQUESTING RENEWAL OF CONDITIONAL USE PERMIT CU 19 99 14 FOR A RESTAURANT ON 1.1 ACRES AT 2 506 RIVER ROAD ON TAX MAP NUMBER 64 2 5.

I MAKE A MOTION, UH, THAT THE COMMISSION RECOMMEND APPROVAL OF RZ 2 0 2 3 0 0 0 0 5 FOR 5.95 ACRES ON 7 8 5 CEDAR RUN TRAIL FROM AGRICULTURE LIMITED A TWO TO RESIDENTIAL, UH, RULE, UH, WITH PROVES CONDITIONS AS PRESENTED.

A SECOND.

MS. PARK, WE DO A ROLL CALL? YES, SIR.

MR. PATAG? AYE.

MR. MYERS? AYE.

MR. ROCKA? CHARLIE AYE.

MR. BREWER? AYE.

MR. DUPE? AYE.

THE MOTION TO RECOMMEND APPROVAL PASSES ON A FIVE OH VOTE.

THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS JULY 3RD, 2023, WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING COMMISSION.

OUR NEXT ITEM IS IN DISTRICT FIVE, CU 20 23 3

[2. District – 5 – CU-2023-00003 – Application by Rhonda Randazzo dba Portico]

THE PROPERTY IS ZONED AGRICULTURAL LIMITED.

A TWO.

THE CONDITIONAL USE PERMIT IS REQUIRED BY COUNTY ZONING ORDINANCE SECTION 15 1 12.

THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS SINGLE FAMILY RESIDENTIAL MEDIUM DENSITY.

THANK YOU, MS. PARKER.

MR. CHAIRMAN, MEMBERS OF THE COMMISSION, MS. JACKSON.

I'M JAMIE SHERRY, DIRECTOR OF COMMUNITY DEVELOPMENT.

[00:10:01]

UH, THE NEXT PUBLIC HEARING IS ON AN APPLICATION FOR A CONDITIONAL USE PERMIT RENEWAL FOR PORTICO RESTAURANT ON RIVER ROAD.

THE PROPERTY IS LOCATED IN THE, UH, FAR EASTERN SOUTHERN PORTION OF THE, UM, OF THE COUNTY.

I BELIEVE IT'S ABOUT A THIRD OF AN ACRE.

I MEAN A THIRD OF A MILE AWAY FROM THE COUNTY LINE.

THE ZONING MAP THAT'S IN FRONT OF YOU IDENTIFIES THE PROPERTY, UM, WHICH IS IN RED AS AGRICULTURAL LIMITED.

AS YOU CAN SEE, THERE ARE, UM, UH, RESIDENTIAL ZONING ALL THE WAY AROUND IT.

THAT INCLUDES THE SINGLE FAMILY, UH, UH, DESIGNATIONS AS WELL AS, UM, THE R P U D DESIGNATION, WHICH IS WEST OAK SUBDIVISION.

THE COMPREHENSIVE PLAN DESIGNATES THIS PROPERTY AS SINGLE FAMILY RESIDENTIAL MEDIUM.

UH, THAT DESIGNATION IS FOR A RESIDENTIAL USE AND, UM, RECOMMENDS A ACREAGE OF A, AN AVERAGE ONE ACRE.

SO AS YOU CAN SEE, UM, THE PROPERTY IS IN RED.

THIS IS KIND OF A BIGGER BLOW UP ACROSS THE STREET HERE.

I MEAN IT, I MEAN, TO THE EAST.

THAT IS WEST OAK.

YOU HAVE, UH, LOWER TUCKAHOE, UM, HERE.

AND THEN RIVERGATE IS ACTUALLY ON THIS SIDE OVER HERE.

SO, AS I HAD MENTIONED, UH, THIS IS A C U P RENEWAL FOR A RESTAURANT.

THE APPLICANT IS NOT PROPOSING ANY OPERATIONAL CHANGES AT THIS POINT.

UM, I DO WANNA GIVE A LITTLE BIT OF BACKGROUND.

SO, UM, IN 1969, THAT'S WHEN THE COUNTY ADOPTED THE, UH, ZONING ORDINANCE AND THE ZONING MAP THAT WENT ALONG WITH THIS.

THIS, AS YOU KNOW, THE ENTIRE AREA, AS YOU CAN SEE, MOST OF IT ALONG RIVER ROAD, WAS ZONED R ONE, WHICH IS RESIDENTIAL LIMITED FOR SINGLE FAMILY HOUSING USES.

UM, AT THE TIME IT WAS, UH, BEING USED AS AN ANTIQUE SHOP OR, AND A COUNTRY STORE.

SO IT BEGAN, UH, ITS ZONING EXISTENCE ALREADY OUT OF, UH, NON-CONFORMING COMPLIANCE.

SO IT WAS ALLOWED TO CONTINUE YET, UM, IT DIDN'T MEET THE, THE ZONING REQUIREMENTS.

UM, IN 1999, UM, IT WAS CONTINUED TO USE FROM THAT POINT ON TO 1999.

UH, THERE WAS A DESIRE TO ADD A RESTAURANT IN ORDER TO BE ABLE TO DO THAT AND THEN BRING THEM INTO COMPLIANCE WITH THE ZONING.

UM, IT WAS REZONED TO AGRICULTURAL, UM, AGRICULTURAL LIMITED, WHICH IS THE ZONE TODAY.

UM, THEY WERE ISSUED A C U P FOR A RESTAURANT, AND THAT WAS A 10 YEAR RENEWAL.

UM, PRIOR TO THEIR, UH, RENEWAL BEING THE, UM, C U P BEING RENEWED IN 2008, UM, THEY CAME BACK AND NOT ONLY DID THEY DO A RENEWAL, THE APPLICANT, BUT THEY ALSO, UH, REQUESTED, UM, SOME HOURS OF OPERATION CHANGES.

AND SO IN RESPONSE TO THE CHANGE, THERE WAS A FIVE YEAR RENEWAL ON THAT IN 2008.

SO, UH, THE MOST RECENT CASE, WHICH WE ARE, UM, THIS IS A RENEWAL TOO, WHICH WAS A 10 YEAR RENEWAL BACK IN 2013.

UH, THERE WAS ANOTHER, UM, EXPANSION OF HOURS OF OPERATION PLUS ADDITIONAL SEATING.

UM, AND A CERTIFICATE OF APPROVAL WAS, UH, ALSO ISSUED.

SO ON THE SCREEN HERE, WE HAVE EXHIBIT A.

THAT'S WHAT WAS, UM, UH, PRESENTED WITH THIS CASE WITH THE APPLICATION.

THAT'S THE SITE PLAN THAT WE'LL BE REFERRING TO IN THE CONDITIONS.

THE, UH, THE IMAGE ON THE, UH, RIGHT SIDE OF THE SCREEN IS, UH, THE APPROVED P O D THAT WAS DONE BACK IN 2011.

AND AS YOU CAN SEE THERE ARE VERY SIMILAR, YOU KNOW, SO WHAT THEY'RE PROPOSING IS SOMETHING THAT'S ALREADY BEEN APPROVED.

SO, A LITTLE BIT ABOUT WHAT'S ON THE SITE.

UM, IT'S 1.1 ACRES.

UH, THERE'S CURRENTLY A RESTAURANT, UH, A LITTLE OVER 3000 SQUARE FEET, ONE AND A HALF STORY.

UM, AS PART OF THEIR EXPANSION THAT THE P O D, UM, THE PLANT OF DEVELOPMENT APPROVED, THERE WAS SOME OUTDOOR SEATING THAT WAS PLACED.

THEY ALSO HAVE A GARDEN.

UM, PER THE P O D, THEY ARE REQUIRED 27 PARKING SPACES.

UH, THEY DO PROVIDE 37.

SO THEY PROVIDE MORE THAN IS ACTUALLY REQUIRED.

AND, UM, IF YOU CAN FOLLOW ON THE SCREEN, THERE IS AN ACCESS EASEMENT THAT LEADS TO A SINGLE FAMILY HOUSE IN THE BACK.

SO THE COMPREHENSIVE PLAN, AS I HAD MENTIONED, RECOMMENDS RESIDENTIAL USES.

UM, THIS USE HAS BEEN IN PLACE FOR OVER 50 YEARS, OR AT LEAST SOME SORT OF COMMERCIAL USE, NOT THE RESTAURANT, BUT THE OTHER COMMERCIAL USES HAVE BEEN, UM, IN PLACE PRIOR TO THE ZONING ORDINANCE AND ANY COMPREHENSIVE PLANS.

UM, IT HAS BEEN, UM, RENEWED A NUMBER OF TIMES.

THE APPLICANT'S NOT MAKING ANY, UM, SUBSTANTIAL ANY OPERATIONAL CHANGES.

SO, UM, WE FEEL THAT THESE CONDITIONS THAT ARE, UH, PART OF THIS PERMIT WILL MINIMIZE ANY IMPACT ON THE SURROUNDING AREA.

THERE WAS A COMMUNITY MEETING HELD BACK IN APRIL.

UH, THREE CITIZENS WERE IN ATTENDANCE.

UH, THE CITIZENS WERE OVERALL

[00:15:01]

SUPPORTIVE OF THIS REQUEST.

SO THE CONDITIONS THERE LOOKS LIKE THERE'S A LOT OF CHANGES BECAUSE THERE ARE, BUT THERE REALLY AREN'T ANY SUBSTANTIVE CHANGES.

THESE ARE JUST TO, UH, BRING THEM UP TO OUR CURRENT STANDARDS.

2013 TO 12 AND 23.

WE, WE DO THINGS A LITTLE BIT DIFFERENT.

UH, SO IT ALLOWS THE USE AS A REST, UM, AS A RESTAURANT, UH, THEY ARE ALLOWED, AND THIS WAS PART OF THE ORIGINAL 2013, NOT ORIGINAL, THE 2013 PERMIT, THAT THEY CAN DO AN EXPANSION UP TO 500 SQUARE FEET.

THE P O D THAT WAS APPROVED ALSO SHOWS THIS.

SO THEY ARE ALLOWED TO DO THAT, BUT THEY HAVE NOT DONE THAT AT THIS PO POINT IN TIME.

UM, THEY DO HAVE HOURS OF OPERATION.

THOSE ARE CONSISTENT WITH WHAT WAS APPROVED BACK IN 2010.

UH, CURRENTLY THE, UM, APPLICANT, BASED ON THEIR, UM, UH, THEIR APPLICATION, THEY DON'T EVEN STAY OPEN AS LONG AS THE HOURS THAT ARE ARE, ARE, UM, PROPOSED IN FRONT OF YOU.

UH, THEY DO HAVE LIMITATIONS ON WHEN THEY CAN DISPOSE OF TRASH IN THE DUMPSTER.

UM, THEN THERE'S ALSO CAPACITY, UH, LIMITATIONS.

AGAIN, NO CHANGES.

UH, TALKS ABOUT 97 SEATS.

AND, UH, ALSO TALKS ABOUT IN, UM, UH, ALLOWING FOR THE OUTDOOR, UH, SEATING.

UH, THEY HAVE PARKING REQUIREMENTS, AS I MENTIONED WHEN I HAD THE P O D.

THEY EXCEED THAT, UM, CONDITION THAT IS CURRENTLY, UH, IN PLACE.

THE 1, 2, 3 SEAT, UH, ONE PARKING SPOT FOR EVERY THREE SEATS.

UM, THERE WAS LANDSCAPING THAT WAS REQUIRED DURING THE, UM, P O D AND THE, UH, APPROVAL OF, UH, THE MOST RECENT CHANGES, UM, IN THE CASE, UH, THAT WOULD JUST NEED TO STAY MAINTAINED.

UH, SIGNAGE, THERE'S BEEN NO CHANGE IN SIGNAGE, JUST THE WAY THAT IT IS, UH, WORDED.

UM, OUTDOOR LINING, UH, SAME OUTDOOR LINING AS, UH, THEY HAD IN THE PAST, AS WELL AS BEING, UH, CONSISTENT WITH THE CONCEPTUAL PLAN.

THERE IS SOME MUSIC LIMITATIONS.

AGAIN, NO CHANGES.

THIS IS OUR, JUST OUR STANDARD, UH, OUR, UM, OUR STANDARD MUSIC.

UM, ALSO I'D MENTIONED THE SHARED ACCESS EASEMENT.

UM, SO THEY NEED TO MAINTAIN THE EASEMENT AND THERE SHOULD BE SIGNAGE, UH, THAT IS PLACED AND MAINTAINED.

THE, THE SIGNAGE IS ALREADY THERE.

UM, BUT IF IT WERE TO GO AWAY, THAT WOULD NEED TO BE, UM, STATED, YOU KNOW, PRIVATE PROPERTY, NO TRESPASSING TO, UH, YOU KNOW, MAKE, UM, CUSTOMERS AWARE THAT THEY ARE ENTERING OFF THE RESTAURANT PROPERTY.

UM, SO THIS IS A 10 YEAR EXPIRATION.

UH, SO THEY WOULD NOT HAVE TO COME BACK UNLESS THERE'S ANYTHING SUBSTANTIALLY CHANGED UNTIL JULY, 2033.

UM, AND THEN WE ALSO HAVE OUR TRANSFER OF LEASE.

SO IF THEY WERE TO SELL THE PROPERTY OR TO LEASE THE PROPERTY TO SOMEONE ELSE, THEY WOULD HAVE TO NOTIFY THEM AS WELL AS THE COUNTY.

BUT THOSE CONDITIONS WOULD GO WITH THE PROPERTY.

THAT CONCLUDES MY PRESENTATION.

UM, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

WE ALSO HAVE THE APPLICANT HERE.

I BELIEVE THEY WOULD LIKE TO JUST SPEAK.

THEY DON'T HAVE A PRESENTATION, BUT I THINK THEY WOULD LIKE TO SPEAK.

QUESTION.

I HAVE QUESTIONS.

MR. CHERRY, UM, HAVE THERE BEEN ANY, UM, VIOLATIONS OF THE C P THAT YOU'RE AWARE OF? THE CURRENT C U P? NO, UH, THERE'S, UH, BEEN NOTHING IN RECENT TIME.

I DO KNOW THAT THERE WAS A CONDITION REFERENCING THE, THE TRASH DUMPING.

I THINK THAT WAS ONE OF THE CONCERNS AT SOME OF THE EARLIER, UH, UM, ORIAL EARLIER CONDITION, UH, PERMITS.

BUT, UM, I DON'T THINK THERE'S BEEN ANY PROBLEMS SINCE.

ANY OTHER QUESTIONS FROM THE MEMBERS? OKAY, THANK YOU.

RICHARD CHAIR, WOULD THE APPLICANT LIKE TO SPEAK? NO.

YOU'RE GOOD.

UH, I'LL OPEN UP FOR ANY PUBLIC COMMENTS REGARDING THIS PARTICULAR CASE.

I'M NOT HERE FOR THIS PURPOSE, BUT I LIVE NEARBY AND I LEFT.

YOU GOT CAUGHT, SORRY.

I'M REALLY SORRY FOR THE BENEFIT OF THE FOLKS AT HOME.

OH, OKAY.

SORRY.

AND JUST, I'M JUST, I HAVE ALLERGIES.

I'M ABOUT COVID OR ANYTHING.

JUST ALLERGIC TO HAVE YOU NAME AN ADDRESS.

UM, UH, SO NO, I WAS JUST GONNA SAY SINCE I'M HERE, I LOVE THAT IT'S THERE.

IT'S A WONDERFUL PLACE.

I STILL NEED YOUR NAME AND ADDRESS.

OH, I'M SORRY.

APRIL GARNET FIVE 11 RIVERGATE DRIVE.

UM, THAT'S ALL I WOULD SAY.

I HOPE THAT YOU LET THEM CONTINUE CUZ IT'S LOVELY TO HAVE SOMETHING LIKE THAT IN THE AREA AND THERE REALLY ISN'T ANYTHING ELSE.

AND THEY DO A WONDERFUL JOB.

THE PARKING AND SO THAT IT'S A VERY DISCREET QUIET, UM, WAY TO ARRIVE AND DEPART AND IT DOESN'T INTERFERE VERY MUCH WITH TRAFFIC.

MY NAME IS TONY PELLING.

I LIVE AT, UH, 70 WEST SQUARE DRIVE ON RANDOLPH SQUARE AND ON BEHALF OF MY NEIGHBORS AND, UH, OTHER PEOPLE IN THE, IN THE AREA, I TOO WOULD LIKE TO SUPPORT THIS EXTENSION.

UM, WHAT I PARTICULARLY LIKE ABOUT, UH, PORTICO IS THAT DESPITE ALL THE TRAFFIC, THERE'S NO PARKING ON THE MAIN RIVER ROAD.

THEY'VE MANAGED

[00:20:01]

SO, UM, THAT'S JUST ONE SMALL THING TO BE SAID IN ITS FAVOR.

THERE ARE MANY OTHER THINGS TO BE SAID IN ITS FAVOR, BUT THAT'S ENOUGH FOR THIS EVENING.

RZ 20 22 4, APPLICATION BY TUCKAHOE LANDS LLC REQUESTING A REZONING OF 14.298 ACRES FROM AGRICULTURAL LIMITED, A TWO AND RESIDENTIAL LIMITED R ONE TO RESIDENTIAL LIMITED R ONE WITH PROFFERED CONDITIONS TO ALLOW 14 SINGLE FAMILY LOTS AT 12,310 RIVER ROAD ON TAX MAP NUMBER 64 1 0 75 AND 64 175 A.

ANYONE ELSE WISH TO SPEAK? I'LL CLOSE THE PUBLIC COMMENT.

MR. CHAIR.

I MOVE THAT THE COMMISSION RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT CU 20 23 0 0 0 0 3 FOR A RESTAURANT AT 12,000 5 0 6 RIVER ROAD, SUBJECT TO THE IMPOSED CONDITIONS AS PRESENTED.

I'LL SECOND.

MS. PARKER, YOU ARE? YES, SIR.

MR. DUKE.

AYE.

MR. BREWER? AYE.

MR. ROCKA? CHARLIE AYE.

MR. MYERS AYE.

MR. UCK AYE.

THE MOTION TO RECOMMEND APPROVAL PASSES ON A FIVE OH VOTE.

THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON JULY 3RD, 2023, WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING COMMISSION.

OUR FINAL ITEM FOR PUBLIC HEARING TONIGHT IS DISTRICT FIVE

[3. District – 5 – RZ-2022-00004 – Application by Tuckahoe Lands, LLC requesting]

THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS SINGLE FAMILY RESIDENTIAL MEDIUM DENSITY.

THANK YOU MS. PARKER, MEMBERS OF THE COMMISSION.

I'M JAMIE SHERRY FOR THE RECORD DIRECTOR OF COMMUNITY DEVELOPMENT.

SO OUR LAST PUBLIC HEARING THIS EVENING IS AN APPLICATION BY TUCKAHOE LANDS LLC.

THEY'RE REQUESTING A REZONING OF TWO PARCELS TO RESIDENTIAL LIMITED R ONE TO DEVELOP A 14 LOT SUBDIVISION ON RIVER ROAD.

UH, THIS CASE IS ALSO VERY CLOSE TO THE COUNTY LINE.

THIS IS APPROXIMATELY A HALF A MILE FROM HENRICO COUNTY ON RIVER ROAD.

AS YOU CAN SEE ON THE MAP, UH, THERE ARE TWO PARCELS, UM, ASSOCIATED WITH THIS CASE.

UH, ONE IS KIND OF AN UPSIDE DOWN U AS WELL AS THIS ONE IN THE CENTER.

THE, UH, LARGER PARCEL IS PARTIALLY OWNED, UH, AGRICULTURAL LIMITED A TWO.

THE SMALLER PARCEL ON THE INTERIOR IS, UH, ALREADY ZONED R RO R ONE RESIDENTIAL LIMITED.

THE COMPREHENSIVE PLAN DESIGNATES THIS PROPERTY, UH, THE SUBJECT PROPERTY AS SINGLE FAMILY MEDIUM DENSITY AS ARE THE ADJACENT PROPERTIES ACROSS THE STREET.

THERE IS ST.

MARY'S CHURCH THAT IS THE SEMI-PUBLIC THAT IS SHOWN ON THE COMPREHENSIVE PLANT DESIGNATION.

SO THIS IS AN AERIAL.

UH, YOU SEE THE P THE SUBJECT PROPERTY RIGHT HERE.

THERE ARE TWO RESIDENTIAL LOTS THAT ARE ADJACENT TO THE WEST.

THOSE ARE, UM, RESIDENTIAL IN NATURE, BUT THEY ARE NOT ASSOCIATED WITH ANY SUBDIVISION, UH, THE PARCELS THAT RUN BEHIND, UH, THE, THE SUBJECT PROPERTY.

AND ON THE OTHER SIDE OF THOSE TWO, THAT IS A RIVER GATE SUBDIVISION.

AND WE HAVE WICKHAM GLEN RIGHT HERE ON THIS SIDE, RUNNING UP THERE, LOWER TUCKAHOE TO THE SOUTH.

AND THEN YOU ALSO HAVE A, A PORTION OF THE, UM, RANDOLPH SQUARE JUST ACROSS THE STREET AS WELL.

WELL, SO THE APPLICANT IS PROPOSING A 14 LOT SUBDIVISION THAT WILL BE SERVED BY PUBLIC WATER AND SEWER.

THE APPLICANT HAS OFFERED A NUMBER OF PROFFERS THAT FURTHER RE UH, REGULATE THE DEVELOPMENT.

SO, JUST A LITTLE BIT OF CASE HISTORY.

THIS CASE WAS BEFORE THE PLANNING COMMISSION IN FEBRUARY OF THIS YEAR.

THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS APPLICATION ON A FIVE OH VOTE 10 PEOPLE SPOKE TO IN SUPPORT AND EIGHT IN OPPOSITION.

UH, THE OPPOSITION WAS CITING THE, UH, COMPREHENSIVE PLAN COMPLIANCE, UH, LACK OF BUFFERS AND ENVIRONMENTAL CONCERNS, AS WELL AS TRAFFIC IMPACTS, UH, SPECIFICALLY TURN LANES.

THE APPLICANT RE DEFERRED THE CASE TWO SEPARATE TIMES AT THE BOARD LEVEL, AND ON MAY 2ND AT THE BOARD MEETING, THE UH, BOARD OF SUPERVISORS, UM, VOTED TO REMAND THIS CASE BACK TO THE PLANNING COMMISSION CITING, UH, SUBSTANTIAL CHANGES IN THE CASE.

SO, SINCE THE APPLICATION WAS FIRST PRESENTED TO THE PLANNING COMMISSION, A NUMBER OF IMPROVEMENTS TO ADDRESS THE PLANNING COMMISSION'S, PUBLIC HEARING CONCERNS, UM, WERE MADE TO THE APPLICATION.

UH, THERE WAS A REDUCTION OF LOTS FROM 17 TO

[00:25:01]

14.

THERE WAS AN INCREASE OF THE RIVER ROAD BUFFER FROM 81 FEET TO 100 FEET.

UM, THIS IS CONSISTENT WITH, UM, UH, AREA RESIDENTIAL SETBACKS.

UM, MORE RECENT AERIAL, UH, RESIDENTIAL SETBACKS.

UH, THEY PROVIDED A 15 FOOT NATURAL BUFFER, UM, ALONG THE RESIDENTIAL SUBDIVISIONS BEHIND THE RESIDENTIAL LOTS THAT ARE ON THE OUTSIDE OF THE, UM, OF THE, UM, OF THE SITE PLAN, WHICH I'LL BE SHOWING YOU IN A SECOND.

AND THEY HAVE COMMITTED TO A FULL RIGHT TURN LANE.

SO HERE IS THE CONCEPTUAL PLAN.

AS YOU CAN SEE, THERE ARE 14 LOTS, WHICH IS A REDUCTION.

THE BUFFER ALONG, UM, RIVER ROAD IS A MINIMUM OF A HUNDRED FEET.

BUFFERS HAVE BEEN ADDED.

UM, ADJACENT TO THE RESIDENTIAL SUBDIVISIONS, UH, THERE IS A RIGHT TURN LANE THAT IS NOW, UH, PROFFERED AND SHOWN ON THE PLAN.

UH, ALL THE ROADS WILL BE PUBLIC ROADS, UM, AND THEY HAVE MAINTAINED THE 20, UH, PERCENT OPEN SPACE THAT IS REQUIRED BY THE ORDINANCE.

SO, TALKING A LITTLE BIT MORE ABOUT THE BUFFERS, UM, SO THE, UH, AREA CIRCLED IN BLUE, HOPEFULLY THE COLORS, UM, TRANSLATE BLUE, UM, ALONG RIVER ROAD.

THIS IS GOING TO BE A HUNDRED FOOT SETBACK.

UM, IT IS INTENDED TO BE, UH, TO MAINTAIN THE EXISTING TREES AS MUCH AS POSSIBLE WITH THE UNDERSTANDING THAT THE, THERE ARE SPARSE AREAS, UM, IN THAT, IN THAT EXISTING TREE LINE.

AND THAT AT PLAN OF DEVELOPMENT THERE WILL BE, UM, SUPPLEMENTAL TREES ADDED, UM, IN THAT THERE'S ACTUALLY, WITHIN THE BUFFER LANGUAGE, IT'S VERY DETAILED AS FAR AS WHAT THEY ARE TO BE.

WE'RE, WE'RE TRYING TO MAKE SURE THAT WHEN IT GETS PLACED BACK THERE, IT LOOKS MORE LIKE A NATURAL, UH, ADDITION TO THE EXISTING BUFFER AS OPPOSED TO JUST A LINE OF, OF GREEN TREES.

UM, TO THE, UM, UH, CIRCLING THE PURPLE AREA, THIS IS ALSO A MINIMUM A HUNDRED FEET, BUT IT'S GONNA BE ACTUALLY A LITTLE BIT LONGER, LARGER.

THIS IS A, UH, WETLAND AREA, SO THIS WILL BE MAINTAINED IN ITS CURRENT STATE.

UM, APPLICANT CAN'T EVEN DISTURB THAT LEGALLY, SO THAT WILL WE'LL BE ABLE TO MAINTAIN AS IT IS ON THE RED LINES, UH, HERE BEHIND EACH OF THE RESIDENTIAL LOTS.

THAT ABUT THE, UH, THE TWO SUBDIVISIONS, WICKHAM GLEN, AS WELL AS RIVER GATE.

UH, THE APPLICANT HAS PROFFERED A 15 FOOT, UM, RESIDENTIAL, UH, I MEAN IT'S PERIMETER BUFFER FOR THERE.

THERE ARE ALSO, UM, ELEVATIONS THAT HAVE BEEN PROFFERED AS WELL AS A MINIMUM OF 3,200 SQUARE FEET FLOOR AREA FOR EACH OF THE SINGLE FAMILY DWELLINGS.

UH, BUILDING MATERIALS HAVE ALSO BEEN COMMITTED TO BRICK, STONE AND CEMENTITIOUS SIDING.

THE APPLICANT HAS ALSO, UH, OFFERED A CASH PROFFER OF $9,810 PER EACH RESIDENTIAL UNIT.

UH, THIS WILL FULLY ADDRESS THE CAPITAL IMPACTS OF THE PROPOSED DEVELOPMENT BASED ON OUR CAPITAL IMPACT MODEL.

SO A LITTLE BIT ABOUT TURN LANES.

SO ANY SUBDIVISION, UM, THAT IS OVER FIVE LOTS IS CONSIDERED A MAJOR SUBDIVISION AND IS REQUIRED TO DO BOTH A RIGHT AND A LEFT-HAND, UH, UH, TURN LANE.

SO THIS IS IN THE COUNTY CODE.

OUR COUNTY CODE EXCEEDS THE VDOT REQUIREMENTS.

UM, HOWEVER, DURING THIS, UH, REZONING PROCESS, THE APPLICANT CAN ADD A, UM, UH, CAN REQUEST A TURN LANE WAIVER.

IT SHOULD BE NOTED THAT THE TRAFFIC IMPACT ANALYSIS, THE STUDY THAT WAS DONE, UH, AND GIVEN TO VDOT, DID NOT WARRANT ANY TURN LANES.

UH, STAFF, UH, AT THE LAST, UH, PUBLIC HEARING, UH, IN FRONT OF THE PLANNING COMMISSION DID ACTUALLY FIND THAT IT WOULD BE BENEFICIAL TO HAVE A RIGHT TURN LANE IN ORDER TO MOVE TRAFFIC OFF OF THE ROAD.

WHILE THEY'RE TURNING INTO THE, UM, THE, THEIR, THE NEW SUBDIVISION, THE APPLICANT HAS COMMITTED TO A FULL RIGHT TURN LANE.

UH, THE LEFT TURN, UM, THE, THE APPLICANT IS STILL REQUESTING A, UH, LEFT TURN LANE WAIVER.

THIS IS SOMETHING THAT, UH, STAFF HAS MENTIONED ALL ALONG THAT WE WOULD BE SUPPORTIVE OF BECAUSE THE TRAFFIC VOLUME THAT IS ASSOCIATED WITH THE, UM, THE 14 LOTS OR 17, EVEN WHEN IT WAS 17, DID NOT REALLY WARRANT THE, UM, THE LEFT TURN LANE.

SO, UH, THE REDUCTION IN LOTS.

A LITTLE BIT ABOUT, UH, THE COMP COMPREHENSIVE PLAN DESIGNATION, AS I HAD MENTIONED, IT IS, UH, RECOMMENDED FOR RESIDENTIAL MEDIUM, WHICH DOES, UM, UH, RECOMMEND A AVERAGE LOT SIZE OF ONE ACRE.

SO THEY HAVE REDUCED FROM 14, UH, FROM 17 TO 14.

UH, THIS DOES BRING IT A LITTLE CLOSER TO THE, UM, AVERAGE, UH, SIZE OF ONE ACRE.

CURRENTLY, IT WOULD BE 2,800

[00:30:01]

PLUS SQUARE FEET, UM, AS AN AVERAGE, OR, UM, JUST SHY OF TWO THIRDS OF AN ACRE IS WHAT THEY'RE CURRENTLY PROPOSING.

UM, JUST, UM, A LITTLE BIT ABOUT AVERAGE AND DENSITY.

I'VE BEEN ASKED TO MAKE SURE THAT THIS CLEAR HOW ARE DESIGNATED? SO AVERAGE IS TAKEN, UH, FEELING A THIRD GRADE MATH TEACHER RIGHT NOW, BUT, UH, BASICALLY YOU ADD UP ALL THE, UH, THE LOT SIZES AND THEN DIVIDE 'EM BY THE NUMBER OF LOTS.

UH, THIS DOES NOT FACTOR IN ANYTHING OUTSIDE OF THE LOTS.

SO ANY OPEN SPACE, ANY ROAD, ANY AMENITIES, BUFFERS DOESN'T TAKE ANY OF THAT INTO ACCOUNT.

UM, I DID WANT TO POINT OUT THAT, UH, UH, RECENT APPLICATIONS, UH, REDUCTION IN LOTS BRINGS, OH, SORRY.

START THAT OVER.

UM, SO RECENT APPLICATIONS HAVE BEEN APPROVED WITHOUT MEETING THE AVERAGE LOT SIDE PROVISION.

UH, THE DENSITIES, UH, AND SUCH AND SUCH DEVELOPMENTS HAVE BEEN LESS THAN ONE ACRE.

A COUPLE, UH, A COUPLE OF EXAMPLES OF THAT ARE TUCKAHOE BRIDGE, WHICH WAS, UH, APPROVED BACK IN 2018, 98, LOTS ON 98, JUST A LITTLE BIT OVER 98 ACRES.

AND THEN MOST RECENTLY, UH, TOWN AND COUNTRY, THIS IS THE, UM, THE SUBDIVISION THAT WAS APPROVED ON SONGBIRD, JUST OFF OCK 65 LOTS.

I'M JUST A LITTLE OVER ABOUT 60, UM, FIVE ACRES.

SO, DENSITY, JUST A LITTLE BIT ABOUT HOW DENSITY IS CALCULATED.

SO BASICALLY, UM, YOU TAKE, UH, THE OVERALL ACREAGE AND DIVIDE THE NUMBER OF LOTS.

SO 14 LOTS, UH, DIVIDED BY 14 ACRES IS JUST A LITTLE BIT UNDER ONE ACRE.

I MEAN THE, UM, THE ONE TO ONE RATIO.

UM, SO NOTING, UH, IN THOSE APPLICATIONS, THIS DOES TAKE INTO ACCOUNT THE ABILITY TO DO OPEN SPACE, THE ABILITY TO DO, UH, ROADS, BUFFERS, OTHER AMENITIES, UH, TO ALLOW A SMALLER LOT TO REQUIRE TO, YOU KNOW, BE ABLE TO OFFER THOSE OTHER THINGS.

ONE OF THE THINGS THAT WE LOOK AT IS, UM, PUBLIC WATER AND SEWER, PUBLIC ROADS, AND AGAIN, WHAT KIND OF AMENITIES AND BUFFERS THAT ARE OFFERED.

THERE WAS A COMMUNITY MEETING HELD BACK IN FEBRUARY OF 2022.

THIS IS OVER A YEAR AGO.

UM, THE MAJOR CONCERNS, UH, THAT WERE RAISED INCLUDED THE SIZE OF THE LOTS BUFFERS ALONG RIVER ROAD BUFFERS TO EXCEED, UM, TO EXISTING DEVELOPMENTS AND THE LOCATION OF THE NEW HOUSES TO, UM, EXISTING DEVELOPMENTS.

UM, AS OF PUBLISHING THIS, THIS AFTERNOON, WE RECEIVED 14 EMAILS IN OPPOSITION.

IN ADDITION, I HAD SEVERAL PHONE CALLS AND OFFICE VISITS FROM CITIZENS.

UH, KIND OF A SUMMARY OF, UH, SOME OF THE CONCERNS, INCLUDING THE LACK OF PERIMETER BUFFER, NO TURN LANES, UM, LOT SIZE CHAR, UH, LOT SIZE CHARACTER OF THE NEIGHBORHOOD, PROPOSED NEIGHBORHOODS, STORMWATER RUNOFF AND EROSION AND SEDIMENT CONTROL, LIGHT POLLUTION, TREE REMOVAL, AS WELL AS LACK OF SIDEWALKS.

THE APPLICANT'S PROPOSAL IN RESPONSE TO THE FEBRUARY PLANNING COMMISSION PUBLIC HEARING, UM, TO ADDRESS SOME OF THOSE CONCERNS, THEY DID REDUCE THE, UH, NUMBER OF LOTS TO SEVEN, UH, 14 FROM 17.

AGAIN, NOT MEETING THE COMPREHENSIVE PLAN DESIGNATION OF OUR RECOMMENDATION OF ONE AVERAGE, ONE ACRE LOTS, UM, INCREASING THE RIVER ROAD BUFFER FROM 81 TO 100 FEET.

THIS IS CONSISTENT WITH, UH, RECENT RESIDENTIAL SETBACKS FOR NEW NEIGHBORHOODS, PROVIDING A 15 FOOT NATURAL BUFFER ADJACENT TO THE RESIDENTIAL SUBDIVISION AND COMMITTING TO A FULL RIGHT LANE, RIGHT TURN LANE.

UM, HERE'S JUST AN OVERVIEW OF THE PROFFERS.

I DO HAVE AN OTHER SLIDES THAT GO INTO THEM IN GREAT DETAIL.

I'D BE HAPPY TO GO THROUGH THEM AS NEEDED.

BUT, UM, JUST AT THE HIGH LEVEL, I'D MENTIONED THE CONCEPTUAL PLAN SHOWS, UH, THE 14 MAXIMUM, UH, SINGLE FAMILY LOTS, THE BUFFERS, BOTH THE A HUNDRED FOOT BUFFER AND THE 15 FOOT PERIMETER BUFFER, ALONG WITH, UM, LANDSCAPING REQUIREMENTS FOR ANY REMOVED TREES OR SUPPLEMENTAL TREES, UM, ELEVATIONS, BUILDING SIZES, I MENTIONED THAT THOSE WERE, UM, OFFERED AS WELL AS, UM, UM, UH, MATERIALS FOR THE BUILDINGS, A CASH PROFFER TO, UH, MITIGATE THE IMPACT OF THE DEVELOPMENT OF $9,180 PER RESIDENTIAL UNIT.

UM, RIGHT OF WAY DEDICATION.

ALL THE ROADS WILL BE PUBLIC.

UM, OPEN SPACE WILL BE DEDICATED AND MAINTAINED BY THE HOA.

LOTS WILL BE, UM, SORTED AND IRRIGATED.

UM, THERE'LL BE AN ENTRANCE FEATURE THAT'S DESCRIBED IN THE PROFFERS UNDERGROUND UTILITIES AND, UM, MAXIMUM, UH, MINIMUM SETBACKS.

THEY HAVE, UM, OFFERED SOME MINIMUM SETBACKS.

UM, THEY ARE STILL REQUESTING A, UH, LEFT TURN LANE WAIVER.

SO THAT, UH, SUMMARIZES MY PRESENTATION.

I'D

[00:35:01]

BE HAPPY TO ANSWER ANY OF YOUR QUESTIONS.

WE ALSO HAVE THE APPLICANT HERE.

YES, I HAVE A QUESTION.

WOULD, OF COURSE, WOULD YOU, WOULD YOU MIND COMMENTING ON WHAT THE APPLICANT WOULD, WOULD DO WITHOUT THE BENEFIT OF AN APPROVAL? WELL, I'M GONNA LEAVE THAT TO THE APPLICANT TO, UM, TO DISCUSS.

HOWEVER, HE HAS INDICATED A NUMBER OF TIMES THAT THEY DO DO HAVE AN ABILITY TO DO A BY RIGHT, UH, SUBDIVISION BASED ON THE EXISTING, UM, ZONING AND, AND, AND LOT SIZES THAT THEY HAVE CURRENTLY.

UM, UH, SOMEONE FROM THE AUDIENCE JUST MADE A COMMENT, I BELIEVE THE APPLICANT WILL BE ADDRESSING, UH, WHAT THAT MEANS.

NO QUESTIONS QUESTION.

TO MAKE SURE THAT IF THERE'S ANY OPEN AREAS OR AREAS THAT NEED TO BE SUPPLEMENTED, UH, TO THE EXTENT THAT ANY TREES HAVE DIED, WE NEED TO MAKE SURE THAT WE HAVE THIS TYPE OF, UH, DEVELOPMENT WILL INCLUDE AS A QUALITY DEVELOPMENT INCLUDE THESE, THIS LANDSCAPING THAT WE PROVIDED FOR.

OF COURSE.

WOULD THE APPLICANT LIKE TO SPEAK THE NEXT SLIDE? YES, SHE'S ALRIGHT.

WELL, THERE, IT'S, UH, MR. CHAIR, MEMBERS OF THE COMMISSION.

MY NAME IS ANDY KAMAN HERE ON BEHALF OF THE APPLICANT, UH, FOR LOCKHARD GREEN.

ALSO HAVE WITH THIS EDDIE IN WILLIE GO AND GARY SCOTT O AS WELL AS THE LOCKHARTS, WHO ARE THE PROPERTY OWNERS FOR THIS PROPERTY.

UH, AS USUAL, THANK YOU TO MS. SHERRY FOR A COMPREHENSIVE THAT WAY.

UH, REPORT, UM, WE WERE PLEASED TO PRESENT TO YOU LOCKHART GREEN ON THE 14.2 ACRES ON THE NORTH SIDE OF RIVER ROAD, EAST OF BLAIR ROAD, UH, LOCATED NEXT TO US HAS BEEN DESCRIBED RIVERGATE, UH, BOTH BEHIND AND AND TO THE WEST AND WICKHAM GLEN, AS WELL AS THE CURRENT PROPERTY OWNERS WHO WILL ACTUALLY OCCUPY THE TWO LOTS THAT MS. SHERRY HAD TALKED ABOUT, UH, TO THE, UH, IMMEDIATELY TO THE WEST.

UH, THEY LIVING ON THE HOMES THERE.

SO THEY'RE OBVIOUSLY HAVE A VESTED INTEREST IN THIS DEVELOPMENT AND THE QUALITY OF IT.

AND OBVIOUSLY THEY'VE SEEN THROUGH THE COURSE AS THEY'VE LIVED THERE AS WELL.

THE DEVELOPMENT THAT'S OCCURRED IN THE AREA, UH, AND WITHOUT OBJECTION AND BRINGING FORTH ALSO ACROSS IS NOT ONLY LOWER TUCKAHOE, BUT DOWN THE ROAD IS RANDOLPH SQUARE AND, AND TO THE, UH, AND FURTHER TO THE WEST IS WEST OAK SUBDIVISION, WHICH WE'LL BE COMMENTING ON LATER.

WE'VE ALREADY TALKED ABOUT THE COMPREHENSIVE PLAN MAP AS WELL AS THE ZONING, WHICH I WILL, UH, GET TO YOUR QUESTION, MR. MYERS.

I'VE GOT A PLAN THAT SHOWS A THY RIGHT, UH, ZONING THAT WE COULD OTHERWISE DO WITH THE PROPERTY IF WE DIDN'T COME FORWARD WITH ANYTHING AS HAS BEEN PROPOSED.

NOW WE'RE ASKING FOR THE 14 LOTS AND HAS BEEN DESCRIBED WELL WITH THE, UH, AVERAGE OF, UM, 14 LOTS ON 14 ACRES, AVERAGING THE ONE ACRE LOTS WHEN YOU TAKE INTO ACCOUNT THE BUFFERS AND THE ROADS AND THE SETBACKS THAT ARE PROVIDED.

THE PREVIOUS PLAN WE PROVIDED IS SHOWN HERE, SHOWS A 17 LOTS WITH A REDUCED BUFFER ALONG RIVER ROAD WITHOUT ANY BUFFERS AROUND THE ADJA.

AND, UH, OTHERWISE, I, WE BELIEVE THAT THE PROPOSED PLAN IS NOT ONLY CONSISTENT WITH THE COMPREHENSIVE PLAN, BUT ALSO CONSISTENT WITH, UH, RECENT REZONINGS FOR RESIDENTIAL CASES IN THE AREA.

UH, GOING THROUGH QUICKLY, AND I THINK SOME OF YOU HAVE SEEN THIS AS WELL, UH, FROM MS. SHERRY'S REPORT, IS THAT WE'VE DECREASED DOWN TO 14, UH, LOTS FROM THE 17, UH, WHICH IS ONLY TWO LOTS MORE THAN WE HAVE BY RIGHT OF 12 LOTS.

WE'VE ALSO PROVIDED A RIVER ROAD BUFFER, INCREASING THAT FROM 81 TO 100 FEET AS WELL AS THE FULL TURN LANE MEETING BOTH COUNTY AND BDOT STANDARDS.

UH, COMING OFF OF RIVER ROAD.

THIS IS IN ADDITION TO THE DEDICATION OF RIVER ROAD THAT WE'VE CONTINUED TO DO FOR.

SO, UH, FROM THE PREVIOUS CASE AS WELL, WHEN YOU HEARD THIS IN FEBRUARY, WE ALSO ADDED IN THE PROFF FOR SPECIFIC DETAILS AS HAS GONE THROUGH BY MS. SHERRY OF WHAT WE'RE GOING TO PROVIDE FOR THAT WAS FARMLAND, NOT THE WETLANDS AREA, BUT THE OTHER AREA TO THE EAST WAS FARMLAND.

THERE'S A LOT OF SCRUB IN THERE.

SO WE'VE, WE'VE, UH, SPECIFIED PLANTINGS THAT WOULD GO IN THERE.

UH, AND ALL THAT COMMON AREA, INCLUDING THE SETBACKS IN THE REAR THAT WE'LL TALK ABOUT IN A SECOND, ARE PART OF COMMON AREA THAT'LL BE OWNED BY THE HOA, MAINTAINED BY AND CONTROLLED BY THE HOA, NOT PART OF LOTS.

UM, CLEARLY IF WE COULD HAVE PUT THOSE IN AS PART OF OUR LOTS, WE COULD MAKE THEM LARGER LOTS AND TAKE ADVANTAGE OF THOSE ACREAGE.

BUT WE INSTEAD THINK IT'S BETTER TO BE CONTROLLED BY AN HOA AT THIS POINT.

WE'VE ALSO INCREASED THE REAR YARD SETBACK TO 35 FEET, UM, IN ADDITION TO THE 15 FEET FOR A TOTAL OF 50 FEET SETBACK.

UH, BUT THE 15 FEET BEING THE, UH, BUFFER AREA THAT WE'VE PROVIDED FOR ALONG WICKHAM GLEN, AS WELL AS THE RIVERGATE SUBDIVISION, WHICH WE'VE SHOWN IN THIS AREA AS WELL.

AGAIN, THE PROFFER DETAIL, THE SPECIFIC LANDSCAPING AND THE 15 FEET AS PART OF THE HOA, THE 35 FOOT SETBACK OUTSIDE OF THAT 15 FEET IS NOT PART OF THE HOA.

IT'S PART OF THE ACTUAL LOT, UH, THAT WE HAVE.

AND THIS IS THE, UH, BLACK AND WHITE VERSION, THAT'S THE OFFICIAL VERSION THAT'S PROVIDED THAT YOU CAN SEE THE FULL TURN LANE SEE A LITTLE BIT DIFFERENT IN THE, UH, THE COMMON AREAS THAT ARE, UH, PROVIDED FOR IN THIS PROPERTY.

UH, IN THIS PROPOSAL, UH, MS. SHERRY IS ALSO PROVIDED FOR A NUMBER OF THE QUALITY DEVELOPMENT STANDARDS THAT WE'VE OFFERED.

WE THINK THEY'RE SIGNIFICANT, UH, AND, AND NOT ONLY ACHIEVE WHAT RECENT ZONING CASES HAVE, BUT EXCEED THEM IN MANY CASES.

AND THIS IS SOME OF THE DETAILS THAT WE'VE GOTTEN INTO WITH RESPECT TO THE A HUNDRED FOOT BUFFER ON RIVER ROAD AS WELL AS THE 15 FOOT BUFFER,

[00:40:01]

SO THIS IS NOT JUST SOMETHING WHERE WE GO IN AND SAY, HEY, THIS IS WHAT WE HAVE CURRENTLY AND WE'RE GONNA DO STICK WITH THAT.

WE'RE ACTUALLY PROVIDING IN THE PROFFERS THIS SPECIFIC LANGUAGE THAT WE PROVIDED FOR AS WELL AS, AS YOU CAN SEE, THE ELEVATIONS THAT MS. SHERRY IS SHOWING.

SO ONE OF THE, UH, CONCERNS THAT WAS RAISED IN THE, IN, IN THE VARIOUS LETTERS OF OPPOSITION AND AT THE PLANNING COMMISSION IN THE PAST MEETINGS WAS OBVIOUSLY LOT SIZES.

AND, AND IF YOU CAN SEE JUST TO THE LEFT, THERE'S THE GREEN AREAS, THE LOCKHART GREEN, WHICH IS THE, THE DIAMOND SHAPED LOTS THAT YOU'VE SEEN THERE.

AND WE'VE, WE'VE IDENTIFIED THE LOT SIZES THAT WE HAVE FROM, RANGING FROM 24 TO 41,000 SQUARE FEET.

AND, AND CLEARLY RIVERGATE, WHICH SURROUNDS US AND WICKHAM GLEN, ARE LARGER LOTS.

THOSE ARE IN BLUE.

THOSE ARE THE ONE ACRE PLUS LOTS.

BUT THIS IS NOT INCONSISTENT WITH WHAT SURROUNDS THE AREA, WHICH IS IN THE RIVER ROAD, UH, COMMUNITY AND CORRIDOR, WHICH INCLUDES WEST OAK AT THE VERY BOTTOM, WHICH IS THE YELLOW LOTS THAT ARE, UH, BELOW THE 24,000 SQUARE FEET.

SO IT IS OUR PROPOSAL THAT THERE'S, WITH A VARIETY OF SIZES, PARTICULARLY WITH WEST OAK, THIS HAS NOT IMPACTED THE SALES PRICE AND PROPERTY VALUES IN THE AREA.

AND THIS IS CONSISTENT.

WHAT WE'RE PROPOSING IS CONSISTENT WITH THE SURROUNDING AREA.

CONCERNS OBVIOUSLY HAVE BEEN RAISED REGARDING THE COMPREHENSIVE PLAN AND AND REQUIRING AN AVERAGE OF ONE ACRE LOTS.

AS I SAID, WE COULD HAVE PLAYED WITH THE NUMBERS AND PROVIDED FOR BOTH THE SETBACKS AND THE BUFFERS AND PROVIDED THEM IN LOTS.

WE THINK THIS IS BETTER TO HAVE THEM IN COMMON AREAS AND, AND BEYOND THE OPEN SPACE, UH, IN THE, IN THE, UH, IN THE ORDINANCE ITSELF.

BUT AS YOU KNOW, THE COMPREHENSIVE PLAN IS A GUIDE.

AND RECENTLY WITH RESPECT TO CERTAIN DEVELOPMENTS, UH, MAINTAINING CONSISTENT WITH OTHER RECENT REZONINGS, 14 LOTS ON 14 ACRES IS CONSISTENT WITH THOSE AND ALSO CONSISTENT WITH THE DESIGN STANDARDS THAT ARE EX EXPECTED IN THIS, UM, IN THESE TYPE OF DEVELOPMENTS.

FURTHER, WE'VE PROVIDED FOR, UM, ON OUR PROPERTY, AND THIS IS TO ANSWER YOUR QUESTION, MR. MEYER, UH, MEYERS, THAT IS THAT WE COULD CURRENTLY UNDER THE CURRENT ZONING WITH THE, WITH THE A TWO AND THE R ONE CURRENTLY GET 12 LOTS ON THE PROPERTY, WE'RE ASKING FOR 14.

WE COULD GET 12 WITHOUT DOING A THING, WITHOUT PROVIDING ANY OF THE BUFFERS OR ANY OF THE ENHANCED SETBACKS, UH, OR ANYTHING OF THE NATURE OF THE PROFFERS, INCLUDING THE MINIMUM HOUSE SIZES.

NOW THAT DOES INCLUDE TWO ACRE LOTS IN THE REAR.

AND THEN UNDER THE COMPREHENSIVE PLAN, IF WE JUST REZONE THAT WE, INSTEAD OF THREE, TWO ACRE LOTS, WE COULD PROBABLY GET FIVE LOTS IN THERE.

SO WE COULD ACTUALLY GET THE 14 LOTS IF WE JUST WE'RE CONSISTENT WITH THE COMP PLAN AND JUST ZONE THE BACK.

WE HAVE R ONE IN THE FRONT AND THAT REQUIRES, UH, 24,000 SQUARE FOOT MINIMUM HOME SIZES OR LOT SIZES.

AND WE CAN MEET THAT AND THAT'S WHERE WE CAN GET 12 LOTS IN CURRENTLY.

AND WE HAVE TO KEEP THAT IN CONTEXT OF WHAT WE'RE ASKING FOR.

WE'RE PROVIDING FOR, BECAUSE WE WANT TO BE ABLE TO MEET AND HAVE A HIGHER STANDARD AND A HIGHER QUALITY CONSISTENT WITH THE RIVER ROAD, RIVER ROAD COMMUNITIES.

BUT WE ALSO THINK THAT WE CAN ACHIEVE THAT BY HAVING THE ABILITY TO GET TWO EXTRA LOTS.

AND NOW THEY DON'T MEET THE EXACT ONE ACRE REQUIREMENTS OF THE, UH, OF THE COMPREHENSIVE PLAN AS IS SUGGESTED.

BUT THE REALITY IS THAT BASED ON THE COMMON AREAS THAT WE HAVE, WE COULD HAVE PUT THOSE IN THE LOTS AND ACHIEVED A GREATER ONE TO GET UP TO THAT 14, CLOSER TO THAT 14, UM, UH, LOTS TO 14 ACRES AND GET INTO CLOSER TO THE ONE ACRE AVERAGES.

SO, UM, WITH THAT, UH, WE'VE, UH, OBVIOUSLY HAVE TRIED TO ADDRESS ALL THE CONCERNS THAT ARE PROVIDED, INCLUDING A LACK OF A BUFFER AND PROVIDING FOR MORE DETAIL ON THE LANDSCAPING THAT WE'VE ALSO HAD.

ONE OF THE CONCERNS THAT WAS RAISED ABOUT THE STORM WATER, THIS EXISTING FARM POND IS GOING TO BE CONVERTED INTO A BMP INTO A STORMWATER MANAGEMENT FACILITY.

AND AS YOU KNOW, UNDER THE STATE REGULATIONS, WE HAVE TO MEET THE STATE REGULATIONS.

AND SO WHEN WE COME FORWARD WITH OUR PLAN OF DEVELOPMENT FOR THE SUBDIVISION, WE HAVE TO SUBMIT THROUGH ENGINEERING DRAWINGS AND THROUGH A LOT OF DETAIL INTO THE COUNTY WHO CONFIRMS THAT WE'RE MEETING ALL STORMWATER REGULATIONS, WHICH REQUIRE US TO CAPTURE ALL THE WATER, NOT ONLY COMING INTO OUR SITE, BUT MAKING SURE THAT WE DON'T EXCEED PRE-DEVELOPMENT RATES.

SO ANY STORM WATER THAT COMES OFF OUR SITE HAS TO BE EQUAL OR LESS THAN IN QUANTITY AND EQUAL OR BETTER THAN IN QUALITY.

SO WE'RE BEING ABLE TO PROVIDE THAT.

SO WE ACTUALLY HAVE TO BE ABLE TO CAPTURE THE STORM WATER AND IS DONE SPECIFICALLY THROUGH THE CONCEPTS OF, OF, THROUGH THE P OD PROCESS, AND SO THAT WE HAVE A, UH, DON'T EXCEED THOSE PRE-DEVELOPMENT RATES.

SO THAT'S SOMETHING THAT'S DONE AS YOU KNOW, AT THE SITE PLANNER, THE P O D VERSION, THAT'S A LOT OF WORK THAT GOES INTO THAT AND A LOT OF DETAILED ENGINEERING THAT GOES INTO THAT.

AND WE CAN'T DO THAT UNTIL WE GO THROUGH THE ZONING PROCESS, BUT WE'RE REQUIRED TO DO IT AND WE CANNOT EXCEED THOSE STATE OR WE HAVE TO EQUAL OR EXCEED THOSE STATE REQUIREMENTS.

WE NEED TO CAPTURE ALL THAT STORM WATER TO ACHIEVE A POSITIVE DRAINAGE, WHICH WE WILL.

SO WE'VE MADE SUBSTANTIAL CHANGES.

WE BELIEVE IN RESPONSE TO THE CONCERNS THAT WERE RAISED BY THE STAFF, BY THE PLANNING COMMISSION, AND BY THE COMMUNITY.

AND WHILE THE ONLY THING THAT WE THINK THAT WE'RE NOT CONSISTENT WITH IS THE GUIDANCE THAT HAS BEEN

[00:45:01]

PROVIDED BY THE COMPREHENSIVE PLAN.

WE BELIEVE WE HAVE THROUGH THE QUALITY OF STANDARDS THAT WE'VE PROVIDED IN OUR PROPERTY CONDITIONS, AS WELL AS CONSISTENT WITH, UH, RECENT CASES IN THE AREA, AND ALSO WITH RECENT SIZE OF LOTS IN THE AREA AS WELL.

WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS AND I'D ASK THAT YOU RECOMMEND THIS FOR APPROVAL TO THE BOARD OF SUPERVISORS WHEN THE BUFFERS IN THE BACKYARD, DO YOU, SO YOU HAVE A 15 FOOT BUFFER BOARDING RIVERGATE AND WICKHAM GLEN.

YEAH, WICKHAM GLEN.

THEN YOU'RE SAYING YOU'RE HAVING AN ADDITIONAL 35 FEET.

IS THAT GONNA BE UNCLEARED AREA OR IS THAT SET BACK TO THE HOUSE? UH, THAT'S A SETBACK TO THE HOUSE.

THE IDEA IS THAT IT WAS HOPEFULLY WOULD BE, UM, UH, REMAINED TREATED AND NOT HAVE TO BE CLEARED, BUT WE HAVE TO ACHIEVE POSITIVE DRAINAGE SURE.

ON THE SITE, RIGHT? WE HAVE THAT, THAT'S KIND OF A BALANCING ACT.

YOU'VE GOTTA BE ABLE TO CAPTURE ALL THE WATER AND HOLD IT, WHICH EVERYBODY WANTS US TO DO.

IN ORDER TO DO THAT, WE MAY HAVE TO CLEAR SOME OF THAT AREA, UH, IN ORDER TO ACHIEVE THAT POSITIVE DRAINAGE.

AND THAT'S THE REALITY OF DEALING WITH THE STATE STORMWATER REGULATIONS.

UH, OUR BELIEF IS THAT WITH THAT 15 FOOT BUFFER THAT WE CAN PROVIDE SUBSTANTIAL LANDSCAPING AND SOME SCREENING, UH, WHICH WAS NOT PROVIDED IN THE OTHER CASES SURROUNDING US, BUT WE'RE THE ONLY ONES THAT WOULD BE PROVIDING THAT.

SO, AND WE'VE GOT SUBSTANTIAL SETBACKS AS WELL FROM THE EXISTING HOMES, UM, ON THIS AREA AS WELL.

SO WE FEEL LIKE WE CAN ACHIEVE THAT, UH, AND ALSO ACHIEVE THE STORM WATER REQUIREMENTS.

DO YOU KNOW WHAT THE, UH, RIVERGATE HOUSE ON THAT LOT IS? SETBACK? I FOLLOW THAT SETBACK FROM YOUR, YOUR LINE.

UM, I BELIEVE THAT WE HAVE, UH, THAT WE'VE SHOWN, UM, RIGHT THERE.

IT'S ABOUT, UH, FROM THAT CLOSEST LOT YOU CAN SEE THAT WE, WHERE IT SAYS RIVERGATE, THAT HOME IS THERE.

IT'S ABOUT 204 FEET FROM HOME TO HOME AT THAT POINT.

SO WE'VE GOT A 50 FOOT SETBACK OURSELVES, UH, FROM OUR HOME.

SO THAT, THAT'D BE ABOUT 150 THAT THEY'VE GOT ON THERE.

SO IT'S A 204, UH, FOOT TOTAL THAT WE'VE GOT SET BACK.

UH, UM, IN ADDITION TO THE BUFFER.

WE'LL OPEN UP FOR THE, UH, PUBLIC COMMENT WHEN WE SHOULD SPEAK.

YOU HAVE THREE MINUTES COME UP, GIVE YOU YOUR NAME AND ADDRESS, AND THE LITTLE LIGHTS UP HERE WILL INDICATE WHEN YOUR YOUR TIME STARTS AND WHEN YOUR TIME FINISHES.

THE NAME IS TONY PELLING, 70 WEST SQUARE DRIVE ON RANDOLPH SQUARE.

AND, UH, THIS EVENING I'M REPRESENTING OUR RESIDENCE ASSOCIATION AND OUR NEIGHBORS.

UM, I WAS A BIT SURPRISED THAT, UH, WE SHOULD BE CALLED INTO SUPPORT FOR THIS PROJECT.

UM, AND I COULD JUST LIKE TO POINT OUT THAT, UH, OUR SETBACK FROM THE ROAD IS A HUNDRED YARDS AND NOT A HUNDRED FEET.

UM, THE, I DON'T THINK IT BEHOOVES US IN RANDOLPH SQUARE TO TRY TO STEM THE TIDE OF DEVELOPMENT.

AND WHEN I THINK MOST OF US ARE RECONCILED THAT DEVELOPMENT IS GOING TO CONTINUE ALONG RIVER ROAD, IT'S JUST TOO ATTRACTIVE A PROPOSITION.

UM, SO AS FAR AS MY BOARD IS CONCERNED, UM, WE, UH, ARE GRATEFUL FOR THE CHANGES THAT HAVE BEEN MADE, UH, TO THIS PROPOSAL.

UM, WE ARE PLEASED THAT THE 100 FOOT SETBACK, UM, HAS BEEN EMBRACED AND, UM, WE HAVE A LITTLE CONCERN ABOUT THE SIZE OF THE HOUSES IN RELATION TO THE PLOTS, UM, OF 3,200 SQUARE FEET.

HOUSES MAKE THE, THE PLACE LOOK A BIT CROWDED.

BUT, UM, I GUESS IT'S, UH, A QUESTION OF WHETHER THE, UM, DEVELOPER CAN SELL THEM ON THAT BASIS.

SO, UM, I, I GUESS THE RANDALL SQUARE ATTITUDE IS, UH, WE JUST HAVE TO BE RECONCILED TO THIS KIND OF DEVELOPMENT.

THANK YOU VERY MUCH.

I HAVE COMMENTS FOR MYSELF AND THEN ALSO FOR A NEIGHBOR SO I CAN GET THREE MINUTES FOR EACH.

IS YOUR NEIGHBOR HERE? NO, SIR.

I HAVE A, A LETTER FROM HIM.

CAN YOU, CAN YOU GIVE THE NAME AND ADDRESS OF YOUR NAME? OH, WELL, WHEN I, WHEN I GET TO IT.

MY, MY NAME IS JAMES O' HAMLIN.

I LIVE AT 40 44 RIVERGATE DRIVE.

UH, WE LI LIVE IN LOT A TO ALPHA TWO.

WE DIRECTLY BORDERS THE NORTHERN BOUNDARY OF THIS, UH, PROPERTY IN QUESTION.

SO WE ARE MOSTLY AFFECTED BY, I WON'T SAY MOSTLY A LOT AFFECTED

[00:50:01]

BY THIS PROPERTY.

UH, WE'VE BEEN TALKING ABOUT, UH, WATER DRAIN OFF.

WATER IS A RUNOFF, IS A SIGNIFICANT ISSUE.

THE GENTLEMAN UP HERE BEFORE IS TALKING ABOUT DRAIN OFF TO THE EAST, WHO WE ARE TO THE NORTH.

THE PROPERTY THAT'S BEING TALKED ABOUT IS HIGHER THAN OUR PROPERTY, AND WHEN WE MOVED IN, WE HAD DRAIN OFF FROM THERE AND WE HAD TO HANDLE, HANDLE THAT WITH THE DRAIN SYSTEM.

UH, HE HAS NOT TALKED ABOUT THAT TONIGHT.

THAT IS A SIGNIFICANT ISSUE.

WE'RE GONNA BE VERY NEGATIVELY EFFECTIVE BY THAT.

THE, UH, YOU, UH, YOU YOU'RE TURNING DOWN THIS PLAN BEFORE THEY'VE COME IN WITH A CHANGE.

THAT'S NOT MUCH OF A CHANGE IN MY, MY REGARD.

UM, THE APPROVAL OF ZONE REQUEST, WE SET AN OMINOUS PRES, UH, PRECEDENT FOR THE NE FOR THE NEIGHBORHOOD.

UH, THERE ARE PEOPLE, WE HAVE, OTHER PEOPLE HAVE BOUGHT HOUSES BASED ON WHAT THE PLAN SAID, AND NOW THAT'S BEING CHANGED AND THAT'S GONNA HAVE A NEGATIVE EFFECT, I BELIEVE.

AND A LOT OF OTHER PEOPLE BELIEVE THE, UH, PROPOSED BUFFER ZONE BETWEEN RIVERGATE WOULD ALLOW HOUSE WITHIN 50 YARDS OF MY BACKYARD, 50 FEET OF MY BACKYARD.

HE SAID IT'S 15 FOOT BUFFER AND THEN 35 FOOT FEET BACK FROM THAT.

SO IT'S 50 50 FEET.

THAT'S GONNA BE BASICALLY MY BACKYARD BECAUSE ONE OF THOSE HOUSES WILL BE RIGHT BEHIND MY HOUSE.

AND THEY, AND WE'RE TALKING ABOUT THE, UH, THAT, UH, BUFFER ZONE.

THERE'S NO PLANS TO PLANT ANYTHING IN THERE.

AND RIGHT NOW THERE'S A LOT OF DEAD TREES IN THERE, SO THAT'S NOT A BUFFER AT ALL.

UM, MY FEELING, OUR FEELING IS THAT THE, THE, UH, PROPOSED CHANGES DID NOT CHANGE THE, UH, ORIGINAL PROPOSAL THAT MUCH.

CERTAINLY NOT ENOUGH TO CHANGE OUR RECOMMENDATION.

AND WE RECOMMEND YOU DO NOT APPROVE OF THIS OWNER CHANGE THEN.

MY NEIGHBOR? YES.

MY NEIGHBOR, HIS NAME IS SEAN LOCKHART.

EXCUSE ME, SEAN.

UH, THAT'S MY OTHER NEIGHBOR, SEAN, UH, BOYER, UH, SEAN, S H A W N BOYER, B O Y E R.

HE LIVES AT 4 45 RE EIGHT DRIVE.

AND I'LL JUST READ HIS, HIS COMMENTS.

UH, I, I LIVE IN, I JUST GAVE YOU ADDRESS.

UH, HE IS TRAVELING, WILL NOT BE ABLE TO BE THIS MEETING.

AS OF THE CASE WITH ALL MY NEIGHBORS, I ADAMANTLY OPPOSE A DEVELOPMENT AS PROPOSED.

MY UNDERSTANDING IS THAT THE PRE PLANNING COMMITTEE PREVIOUSLY VOTED FIVE ZERO AGAINST PROPOSED CHANGE, PRIMARILY BECAUSE THE PROPOSED LOT SIZES WERE NOT IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, WHICH REQUIRES TWO AC ACRES, LOTS OR GREATER THAN THE ERROR.

IN FACT, THE REVISED PLAN IS REQUESTING A, A TWO ACRE MINIMUM BE REDUCED BY 75% TO ONE HALF ACRE LOTS, WHICH OBVIOUSLY DOES NOT MEET THE COMPREHENSIVE PLAN.

TO MY KNOWLEDGE, THE, THE BELL HAS NOT PROVIDE ANY SUFFICIENT RATIONALE WARRANT A CHANGE IN A COMPREHENSIVE PLAN.

THE PLAN COMMITTEE VOTED AGAINST INITIAL PROPOSAL BECAUSE OF THIS ISSUE, AND REVISED PROPOSAL DOES NOTHING TO ADDRESS US.

I THINK THAT WHEN YOU HAVE A PLAN AND THEN YOU DON'T STICK TO THAT PLAN, YOU A LOT OF, LOT OF EFFORT AND REASON THINKING WENT INTO THE ORIGINAL PLAN AND YOU OUGHT TO DO WITH THAT AMOUNT OF THINKING AND REASONING BEFORE YOU MAKE CHANGES TO THAT PLAN.

OTHERWISE, THERE'LL BE LOTS OF REPERCUSSIONS THAT, UH, WOULD NOT BE PLEASANT.

THE PROCEDURE PRECEDENT WAS SET FORTH FOR FUTURE DEVELOPMENT ALONG RIVER ROAD CO CORRIDOR, WHICH WOULD NEGATIVE NEGATIVELY AFFECT PROPERTY VALUE ALONG RIVER ROAD IN A SIGNIFICANT MANNER, SPECIFICALLY IN RIVERGATE AND WICKHAM GLEN, ONCE THE ONE EXCEPTION IS MADE, OPENS A FLOODGATE FOR NUMEROUS OTHER EXCEPTIONS, RENDERING THE WHOLE PURPOSE OF THE COMPREHENSIVE PLAN OBSOLETE.

ADDITIONALLY, THE PROPOSED BUFFER ZONE VENT BETWEEN RIVERGATE AND ALLOWED HOMES WOULD BE ALLOWED.

HOMES WOULD BE BUILT WITHIN 50 FEET OF OUR CURRENT REG RIVERGATE HOMES WITH LITTLE OR NO SPECIFICATION REGARDING LANDSCAPE INTO OBS SCORE OF, OF SCORE, THE BOTH NOISE AND THE SITE BASED IN THE ABOVE, I WOULD ASK THE PROPOSAL AND CHANGE BE DENIED AGAIN.

SO THAT'S FROM MR. BOYER.

ANY OTHER QUESTIONS? THANK YOU.

PLANNING COMMISSION IS THE FACT THAT ATTENTION EXISTS RIGHT NOW BETWEEN THE COMP PLAN AND THE ZONING ORDINANCE BECAUSE OF THIS SPLIT ZONE IN THE LOTS.

HELLO, MR. CHAIRMAN, MEMBERS OF THE COMMISSION.

MY NAME'S CHRIS MCKENZIE.

I'M AN ATTORNEY WITH SANZ ANDERSON AND I'M HERE ON BEHALF OF THE WICKHAM GLEN HOA.

UM, AND I WAS HERE IN APRIL AND I'VE BEEN AT THE MEETING SINCE.

UH, AND, UH, WICKHAM GLENN HAS TAKEN INTO ACCOUNT ALL THE NEW INFORMATION THAT'S BEEN DEVELOPED AND THE CHANGES IN THE, IN THE PROPOSAL.

UM, AND THE HOA REMAINS OPPOSED TO THIS DEVELOPMENT.

AND THE, THE PRIMARY REASON FOR THAT, THE OVERARCHING REASON FOR THAT IS THIS COMP PLAN ISSUE.

AND WHAT I THINK MERITS PARTICULAR CONSIDERATION FROM THE

[00:55:01]

THERE'S R ONE LOTS, UH, THERE'S AN R ONE ZONING HERE AND THEN THERE'S A TWO ZONING IN THE BACK R ONE ZONING BUY RIGHT ALLOWS HALF ACRE LOTS.

AND THAT'S WHY AS, AS HAS BEEN DISCUSSED, THERE CAN BE A FAIRLY DENSE BUY RIGHT DEVELOPMENT IN THIS LOT.

NOW, WHETHER IT CAN BE 12 LOTS OR, OR SOME OTHER NUMBER.

I MEAN, I THINK IF THERE WAS BUY RIGHT DEVELOPMENT, YOU WOULDN'T HAVE THE TURN LANE WAIVER.

SO THOSE WOULD'VE TO BE ACCOUNTED FOR.

BUT SOMEWHERE IN THAT RANGE WOULD BE THE BUY RIGHT DEVELOPMENT.

UM, AND THAT OBVIOUSLY IS INCONSISTENT WITH THE COMP PLAN.

WE'VE BEEN OVER THAT A COUPLE OF TIMES.

THE COMP PLAN SAYS THAT YOU NEED A ONE ACRE AVERAGE LOT SIZE.

AND SO RIGHT THERE, AS IT STANDS RIGHT NOW, THERE'S, THERE'S A TENSION BETWEEN WHAT THE COMP PLAN RECOMMENDS FOR THE COUNTY IN THIS CORRIDOR, UH, AND WHAT THE EXISTING ZONING PROVIDES FOR.

AND SO THE ISSUE BEFORE THE PLANNING COMMISSION TONIGHT IS WHETHER YOU'RE GOING TO RECOMMEND TO INCREASE THAT TENSION BY FURTHER REZONING THE BACK OR TO MAINTAIN THE STATUS QUO AND NOT ADD FOR ANY ADDITIONAL TENSION BETWEEN THE ZONING ORDINANCE AND THE COMP PLAN.

AND WHAT WICKHAM GLEN IS, IS ADVOCATING, I THINK, FAIRLY STRONGLY FOR, IS FOR YOU TO NOT VOTE TO INCREASE WHAT IS ALREADY ATTENTION BETWEEN THE COMP PLAN AND THE ZONING ORDINANCE.

UM, AND THE, THE REASON FOR THAT, UM, THERE'S A COUPLE, THERE'S A COUPLE REASONS FOR THAT.

UM, BUT, BUT THE BIGGEST IS, UH, WE THINK THE GOAL SHOULD BE TO HARMONIZE AS MUCH AS POSSIBLE THE ZONING ORDINANCE AND THE COMP PLANT.

AND WE AGREE WITH SOME OF THE OTHER COMMENTS THAT, THAT THIS WOULD ESTABLISH A PRECEDENT FOR THIS RIVER ROAD CORRIDOR IF, IF THE IDEA, BECAUSE THIS SPLIT ZONE IS NOT UNIQUE TO THIS, THESE PARTICULAR LOTS, IF YOU LOOK ON LOTS ELSEWHERE, UM, THERE IS R THERE ARE OTHER SPLIT ZONES.

I THINK IT WAS A RESULT OF SOME, SOME DEVELOPMENT IN RIVER ROAD WHERE YOU HAVE THIS R ONE ZONING, UM, WITH A TWO IN THE BACK.

AND SO, UM, THE, THIS TENSION'S GONNA EXIST ELSEWHERE AND THE QUESTION'S GONNA BE, UM, WHETHER YOU SET A PRECEDENT OF EXACERBATING THAT TENSION OR TRYING TO CONTINUE TO HARMONIZE.

AND I, THAT WENT BY REALLY QUICKLY.

UM, SO, UH, THE LIGHTS AREN'T SEQUENCED WITH, I MEAN, YOU'RE ALLOWED SINCE YOU'RE SPEAKING FOR THE THING SIX MINUTES.

APPLICATION AND CONTINUE TO TRY TO PROMOTE HARMONIZATION BETWEEN THE ZONING ORDINANCE AND THE COMP PLAN.

I'M NOT SURE THE LIGHTS ARE, WE HAVE TO, I'LL WRAP IT UP.

I'LL RESTART THE LIGHTS.

THAT'S OKAY.

I'LL, UM, AND I AND OTHER PEOPLE WANT TO TALK, BUT I WAS LIKE, I KNOW I, I KNOW I'M GONNA RUN THROUGH THIS TIME QUICKLY, BUT THAT WOULD BUY REALLY QUICKLY, .

UM, SO THE OTHER COUPLE THINGS I WANNA POINT OUT IS THOSE, THOSE OTHER APPLICATIONS THAT WERE GIVEN AS A REFERENCE THAT HAVE ONE ACRE DENT OR ONE LOT DENSITY, ONE TO ONE DENSITY, UM, THEY ARE FAIRLY DISTINGUISHABLE.

THEY'RE FROM AN ENTIRELY DISTRICT, DIFFERENT DISTRICT.

THEY'RE IN DISTRICT FOUR AND NOT DISTRICT FIVE WHERE THIS IS.

UM, AND THE RIVER RIVER ROAD CORRIDOR HAS ITS OWN UNIQUE SET OF PROVISIONS IN THE COMPREHENSIVE PLAN.

SO, YOU KNOW, COMPARING, COMPARING THIS DEVELOPMENT TO, TO A DEVELOPMENT FROM ANOTHER DISTRICT OUTSIDE THE RIVER ROAD CORRIDOR TO US ISN'T TOO PERSUASIVE.

UM, AND THE IMPORTANT THING TO REMEMBER FROM THAT RIVER ROAD CORRIDOR AND THE COMP PLAN GENERALLY IS WHAT IT ADVISES IN ADDITION TO ONE ACRE LOTS, IS TO BE IN CHARACTER WITH THE EXISTING NEIGHBORHOOD AND NOT DO HARM, UM, TO, TO, TO NEIGHBORING PROPERTIES.

AND THE STORM WATER ISSUE REMAINS A BIG POINT OF CONCERN FROM WICKHAM GLEN IN THAT LATTER CATEGORY BECAUSE OF THE UNIQUE TOPOGRAPHY HERE AND THE SERIES OF, OF PONDS THAT EXIST, UM, REALLY ANY DEVELOPMENT IN THIS AREA IS GOING TO DO HARM TO WICKHAM.

GLEN WICKHAM, GLEN ACKNOWLEDGES THIS IS NOT THEIR LAND.

THERE'S A CERTAIN AMOUNT OF BUYRIGHT DEVELOPMENT THAT CAN HAPPEN, BUT WHAT THEY'RE TRYING TO AGAIN, ADVOCATE FOR IS NOT TO INCREASE THE AMOUNT OF DENSITY AND, AND, AND REDUCTION IN LOSS SITES BEYOND WHAT'S ALLOWED BECAUSE OF THEIR CONCERNS ABOUT THAT HARM.

AND THEY'RE SO CONCERNED, IN FACT THAT THEY COMMISSIONED AN ENGINEERING REPORT AND SUBMITTED TO THE COUNTY.

AND IT DETAILS THE, THE, THE NUMEROUS NEGATIVE IN IMPACTS THAT MIGHT OCCUR IN DEVELOPMENT IN PARTICULAR DURING THE CONSTRUCTION PHASE, WHEN THAT, WHEN THOSE RESTRICTIONS ON, ON FLOAT AND NEIGHBORING PROPERTIES ARE LESSENED.

AND THAT REPORT SHOULD BE, UH, IN YOUR FILE AND IT'S WITH THE COUNTY.

UM, AND YOU KNOW, THE, THE LAST KIND OF THING TO POINT OUT IS WICKHAM GLEN ACKNOWLEDGES THAT THIS, THAT THIS, AGAIN, THAT DEVELOPMENT MAY HAPPEN HERE.

UM, AND THEY WANT TO BE A GOOD NEIGHBOR.

AND FRANKLY, THAT'S KIND OF SURPRISINGLY HAS NOT REALLY HEARD FROM THIS APPLICANT OVER THE YEAR AND A HALF, UM, THAT THIS HAS BEEN PENDING.

THEIR CONCERNS WERE VOICED AT THE FEBRUARY 14TH, 2022 MEETING AND THEY'VE NOT HEARD ANYTHING ABOUT TRYING TO SEEK SOME KIND OF COMPROMISE MEASURE ON THIS.

UM, AND SO THEIR POSITION IS THAT THEY WOULD VERY MUCH REQUEST THAT THE PLANNING COMMISSION AGAIN, RECOMMEND DENIAL THIS

[01:00:01]

THANK YOU VERY MUCH.

THANK YOU MR. CHAIRMAN.

GENTLEMEN.

UM, LADIES, UH, I'M TED LENHARDT.

I LIVE AT 13 2 82 CAL STATE COURT IN THE RIVERGATE SUBDIVISION.

UM, I KNOW ALMOST ALL OF YOU ALL, AND YOU KNOW THAT I'M A VERY PLAIN SPEAKING PERSON, SO LET'S GET TO IT.

WHY ARE WE HERE? WE'RE HERE BECAUSE YOU'RE BEING ASKED TO MODIFY A COMPREHENSIVE PLAN THAT THE WICKHAM GLEN RESIDENTS AND THE RIVERGATE RESIDENTS ALL ADHERE TO EVERY PIECE OF IT WITHOUT PROFFERS.

WHY ARE YOU ASKED TO DO THAT? BECAUSE THE DEVELOPER CAN'T MAKE HIS NUMBERS WORK IF HE GOES TO AN ACRE PROPERTY.

IT'S JUST THAT SIMPLE.

HE CAN'T MAKE THE NUMBERS WORK.

GENTLEMEN, THAT'S NOT MY PROBLEM.

IT'S NOT RIVER GATES'S PROBLEM, AND IT'S NOT WICKHAM GLEN'S PROBLEM.

I DON'T KNOW WHAT THE PROBLEM IS AS TO WHAT HE CAN'T DO.

BUT HE HAS ENOUGH LAND TO DO A ONE ACRE SETBACK, A ONE ACRE LOT SIZE, TO HAVE ALL THE ACCESS AND EGRESS, TO HAVE THE VEGETATION ZONE, TO HAVE EVERYTHING THAT WE ALL HAD TO DO, EXCEPT HE'S BEING ASKED TO DO IT BECAUSE HE CAN'T MAKE THE MONEY.

WELL, I'M SORRY.

THAT'S A TERRIBLE THING.

GO DO SOMETHING SOMEPLACE ELSE, BUT DON'T BLAME IT ON US.

WE WELCOME THIS DEVELOPMENT IF THEY ADHERE THE SAME RULES THAT WE ALL ADHERE TO WHEN WE BUILD OUR HOMES, BUT WE'RE BEING ASKED TO MAKE A MODIFICATION FOR A DEVELOPER CUZ HE CAN'T MAKE THE MATH WORK.

I'M SORRY.

I DON'T EVEN UNDERSTAND WHY THEY, WERE YOU HERE DEBATING WHETHER OR NOT TO, TO NOT TURN THIS DOWN A SECOND TIME.

GENTLEMEN, WE HAVE A CORRIDOR FOR RIVER ROAD AND IT STARTS AT THE COUNTY LINE.

IT EXTENDS OUT TOWARD RIVERGATE AND ONTO APOLLO'S RESTAURANT.

THERE WE, IT'S WONDERFUL PLACE TO LIVE.

YOU'VE DEVELOPED THE CHARACTER, DON'T MESS IT UP, BY SIMPLY DECIDING TO HELP THE DEVELOPER MAKE HIS NUMBERS WORK OVER THE BACKS OF RIVERGATE WICKHAM.

GLAD.

THANK YOU, MR. CHAIRMAN, MEMBERS OF THE COMMISSION.

I'M GEORGE MAHONEY.

I LIVE AT 3 25 WICKHAM GLEN DRIVE.

I'M ON THE BOARD OF THE WICKHAM GLEN HOMEOWNER ASSOCIATION.

WE'VE FILED A NUMBER OF COMMENTS WITH YOU ALL, AND I HOPE, UM, THAT YOU'VE READ THEM.

I WANNA SUMMARIZE A COUPLE OF POINTS.

EVER SINCE THE COMMUNITY MEETING ON VALENTINE'S DAY LAST YEAR, EVERY ONE OF THOSE CITIZEN COMMENTS ABOUT THIS DEVELOPMENT HAS BEEN NEGATIVE.

NO ONE WANTS THIS DEVELOPMENT.

THE ONLY COMMENTS YOU'VE HEARD IN FAVOR OF THIS APPLICATION ARE FROM THE LANDOWNERS THEMSELVES.

THE REASON EVERYONE IS SO UPSET IS APTLY SUMMARIZED BY THE COUNTY'S OWN COMPREHENSIVE PLAN, WHICH CALLS OUT THE RIVER ROAD COMMUNITIES FOR SPECIAL ATTENTION.

THE PLAN SAYS ANY DEVELOPMENT, INCLUDING INFILL DEVELOPMENT, SHOULD BE IN CHARACTER WITH EXISTING HIGH QUALITY DEVELOPMENT, COMPLEMENT EXISTING USES, AND DEMONSTRATE MINIMAL IMPACTS ON EXISTING NEIGHBORHOODS.

THE PROPOSED DEVELOPMENT DOES NONE OF THOSE THINGS, AND THAT'S WHY EVERYONE IS AGAINST.

WE ALL RECOGNIZE THAT THE RIVER ROAD CORRIDOR, AN IMPORTANT GATEWAY TO THE COUNTY, WILL BE DEVELOPED, BUT THIS DEVELOPMENT IS THE WRONG ONE.

IT HAS THE CLEAR POTENTIAL TO DO ACTUAL HARM TO WICKHAM GLEN, WHICH IS WHY WE COMMISSIONED THE EXPERT REPORT.

A REPORT THAT'S BEEN COMPLETELY IGNORED BY THIS DEVELOPER.

THE RIVER ROAD COMMUNITIES DESERVE BETTER THAN A VOTE THAT WOULD SET THE PRECEDENT FOR FUTURE DEVELOPMENTS WITH VISIBLE LOTS AS SMALL AS 24,000 SQUARE FEET, BARELY HALF AN ACRE.

THERE ARE AREAS OF THE COUNTY THAT ARE SLATED FOR HIGH DENSITY GROWTH, BUT THE RIVER ROAD CORRIDOR IS NOT ONE OF THOSE.

ITS INTEGRITY SHOULD BE RESPECTED.

WE ASK THAT YOU PLEASE LISTEN TO WHAT YOUR CONSTITUENTS ARE TELLING YOU SO CONSISTENTLY AND THAT YOU VOTE AGAIN TO DENY THE APPLICATION.

THANK YOU, GENTLEMEN.

IS THERE TO SET A CHARACTER FOR RIVER ROAD.

MY NAME IS MARK MONAHAN.

I'M PRESIDENT OF THE WICKHAM GLEN COMMUNITY ASSOCIATION.

UM, THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK.

I DON'T WANT TO GO OVER EVERYTHING THAT, UH, PREVIOUSLY HAS BEEN SAID.

THE, UH, THE COMPREHENSIVE PLAN

[01:05:02]

AS YOU DRIVE EAST FROM HENRICO COUNTY.

AS SOON AS YOU CROSS THE BRIDGE, EVERYTHING CHANGES TO A NICE BUCOLIC SETTING.

AS YOU GO UP THE HILL PAST RANDOLPH SQUARE, YOU BEGIN TO SEE EVERYTHING OPEN UP A LITTLE BIT TO THE FRONT OF THE CHURCH, THE NEIGHBORS ACROSS THE CHURCH, AND THEN, UH, TO THE RIGHT, OUR NEIGHBORHOOD.

YOU WILL SEE THAT THERE IS GREEN SPACE.

AND THEN, UH, RIGHT NOW, UNFORTUNATELY, THERE ARE PIPES FROM THE, UH, THE SEWER SYSTEM REDO THAT'S BEING DONE.

BUT RIGHT NOW YOU SEE GREEN SPACE.

UH, THERE'S THE 50 FOOT EASEMENT FOR, UM, THE SEWER LINE AND THEN THE LOCKHART PROPERTY.

15 FEET OF EASEMENT ON THAT VIEW IS NOTHING.

15 FEET IS FIVE STEPS.

1, 2, 3, 4, 5.

YOU WILL SEE ALL THOSE HOUSES LINED UP THERE.

I DON'T THINK THERE'S ANY WAY TO PREVENT THAT.

THAT'S EXACTLY WHAT YOU SEE IS YOUR DRIVE OUT RIVER ROAD THROUGH HENRICO COUNTY.

AND IT, I DON'T BELIEVE THAT THAT'S WHAT GUCCI COUNTY WANTS TO HAVE.

THE CHAR WANTS THE CHARACTERISTIC OF THAT DRIVE TO LOOK LIKE, UM, AS DEVELOPMENT PROGRESSES ALONG RIVER ROAD.

SO THAT'S, UM, YOU KNOW, I THINK, UM, BASICALLY THAT'S WHAT WE, WE ARE AGAINST.

WE WANT TO KEEP IT THE, THE WAY IT LOOKS, UM, THE FEEL.

THAT'S WHAT THE COMPREHENSIVE PLAN WANTS AND THAT'S WHY WE RECOMMEND AGAINST THIS DEVELOPMENT AS PROPOSED PRESENT.

HELLO, MY NAME IS JEANIE RIVERS, UH, 1 32 90 KENWOOD COURT IN RIVERGATE.

AND I'M FIRST GONNA READ, UM, I'M ACTUALLY FIRST, UH, SPEAKING ON BEHALF OF A, UH, NEIGHBOR WHO COULD NOT BE HERE TONIGHT AND ASK, AND HIS NAME IS, UH, THEIR NAMES ARE ROB AND KATHLEEN ALLEN.

THEY'RE AT 13 2 53 BAR MCCLAIN PLANE.

WE MOVED FROM THE POUNCEY TRACK KNUCKLES ROAD CORRIDOR SIX YEARS AGO TO ESCAPE THE HOUSING DENSITY AND TRAFFIC OF THE SHORT PUMP AREA.

THE SERENITY AND PRIVACY OF GOODLAND COUNTY, ALONG WITH THE CONFIDENCE THAT THE COUNTY WOULD NOT OVERDEVELOP IS WHAT ATTRACTED US TO RIVERGATE.

WE LOOK FORWARD TO WELCOMING NEW NEIGHBORS, BUT IT NEEDS TO BE IN A SENSITIVE, SENSIBLE DEVELOPMENT THAT PROMOTES THE BENEFITS THAT GUC LIMB PROVIDES.

PLEASE DON'T SHORT PUMP OUR RIVER ROAD CORRIDOR.

SMALL LOTS AND DENSE HOUSING DOES NOT FIT INTO THE CURRENT COMPLEXION OF RIVER ROAD.

THIS WILL BEGIN TO LOOK LIKE POUNCEY TRACKED ROAD WHERE DEVELOPERS ARE SQUEEZING SMALL DEVELOPMENTS ONTO SMALL LOTS WITH NO ORGANIZATION.

WE DO NOT SUPPORT CREATING AN ISLAND OF SMALL LOT HOME SITES INSERTED BETWEEN RIVERGATE AND WICKHAM GLEN, THE CURRENT ZONING IS SUFFICIENT FOR THE DEVELOPMENT AND SHOULD BE ADHERED TO IN ORDER TO MAINTAIN THE CONTINUITY OF PRIVACY PROVIDED BY THE EXISTING RIVER ROAD.

WAS, UM, SHOWN UP THERE PRETTY, PRETTY QUICKLY.

UM, I'M THE PRESIDENT OF THE RIVERGATE UM, HOMEOWNERS ASSOCIATION.

AND I ALSO WANNA SPEAK NOT ONLY ON MY HUSBAND AND I AND MY BEHALF, BUT ON THE HOMEOWNERS ASSOCIATION OF RIVERGATE.

UH, AS HAS ALREADY BEEN MENTIONED, AND I'LL TRY TO BE BRIEF, UH, BACK IN FE ON FEBRUARY 14TH, VALENTINE'S DAY OF 2022 WAS THE FIRST PUBLIC HEARING WHERE 36 PEOPLE CAME OUT ON VALENTINE'S EVENING INSTEAD OF GOING TO DINNER, UM, WITH THEIR SPOUSES AND WANTED TO HEAR WHAT WAS GOING ON AND, AND VOICED OUR CONCERNS.

AND WE'VE ALL BEEN VERY DISAPPOINTED THAT WHEN WE CAME TO THE, TO THE FEBRUARY MEETING OF THE PLANNING COMMISSION THIS YEAR, NO CHANGES HAD BEEN MADE WHATSOEVER.

UM, WE FELT COMPLETELY UNHEARD, UM, BY THE DEVELOPER.

WE ARE ENCOURAGED THAT THERE ARE SOME CHANGES NOW, BUT I CAN TELL YOU, I KNOW YOU'VE SEEN LETTERS AT THAT WERE SENT TO MS. SHERRY BACK, UM, FOR THE FEBRUARY MEETING AND MANY MORE LETTERS THAT I'VE BEEN COP COPIED ON FROM RESIDENCE, UH, FOR THIS, UH, FOR THIS, UH, CURRENT MEETING.

UM, AS WELL AS TO THE, TO THE, UH, BOARD OF SUPERVISORS BEFORE THAT, BEFORE IT GOT DEFERRED BACK TO YOU.

UM, THEY'VE ALL BEEN NEGATIVE.

THE, THE CONCERNS, THE MAJORITY OF THE CONCERNS ARE AROUND THE, THE MINIMAL, UH, BUFFER, AS WAS POINTED OUT, 15 FEET IS A VERY INSIGNIFICANT BUFFER.

UH, THE RIVERGATE AND WICKHAM GLEN LOTS ARE ALL A MINIMUM OF TWO TO THREE ACRES, NOT AN AVERAGE OF TWO TO THREE ACRES, AS WAS, UM, IMPLIED BY SOME OF THE SLIDES THAT WERE BROUGHT UP EARLIER.

UM, I ALSO NOTICED, EVEN THOUGH THEY WERE BROUGHT UP RATHER QUICKLY, UH, THE BY RIGHT PLAN THAT YOU ASKED FOR, THAT THE, THAT THEY PUT IN WITHOUT ANY ZONING CHANGES.

I DIDN'T SEE THAT THERE WAS ANY TURN LANE THERE OR BUFFER ON RIVER ROAD, UH, OR THE, THE PLANS FOR THE WATER MANAGEMENT IN THAT PLAN.

UM, SO I, I THINK, UM, I, AND AGAIN, IT WAS BROUGHT UP, UM, IT

[01:10:01]

SO MAYBE I, I MISSED SOME OF THOSE THINGS, BUT I, I DON'T THINK THAT EVEN THE 12 HOMES, UM, ARE GONNA MEET THE, THE COMPREHENSIVE PLAN, UH, WITHOUT PROFFERS.

UM, SO WE, WE WOULD JUST VERY MUCH, UH, APPRECIATE AND LIKE YOU TO SUPPORT, UM, THE, THE COMPREHENSIVE PLAN AND PROTECTING NEIGHBORS LIKE MR. HUEY AND LENNY SPOKE EARLIER.

HIS PROPERTY WOULD HAVE THREE HOUSES IN HIS BACKYARD THAT HE'S LITERALLY LOOKING AT WITH A 15 FOOT BUFFER, WHICH IS, WHICH IS, UH, WE FEEL IS VERY INSUFFICIENT.

UH, MY NAME'S AL RIVERS.

I LIVE AT 1 32 90 KENWOOD COURT.

UM, I'M, I'M SURPRISED, JUST SURPRISED.

UM, THERE WERE SUBTLE CHANGES.

UH, I DON'T BELIEVE THEY ADDRESSED THE ISSUES THAT THIS COMMISSION VOTED ACTUALLY LAST TIME.

UH, THEN WAS FURTHER SURPRISED BY EVEN THE COMMENT, WELL, WE CAN DO WHAT WE WANT TO DO IF WE DO THIS.

UH, THAT REALLY WASN'T, EXCUSE ME, THE ATMOSPHERE THAT WE'VE SOUGHT IN ANYBODY DEVELOPING RIVER ROAD.

WE'RE TRYING TO KEEP GLAND COUNTY AS PRISTINE AS POSSIBLE WITH THE INFLUX OF PEOPLE THAT REALLY WANNA LIVE HERE.

BUT I THINK THE, THE PROBLEM WITH THIS IS WE'RE STILL TRYING TO JAM THESE HOMES INTO A, A SMALL LOT.

UM, THE 15 FOOT BUFFER IS REALLY IMPORTANT CUZ IT'S NOT ENOUGH.

WE HAVE A 40 ACRE LAKE.

SOME KID RUNS OUT HIS BACKYARD THROUGH THE BUFFER, THROUGH THE WOODS AND DROWNS IN THE LAKE.

WHERE'S THE LIABILITY FOR THAT? AS FAR AS WE KNOW, I DON'T EVEN KNOW IF THERE'S GONNA BE ANYTHING BE BETWEEN IT.

IT'S A PUBLIC STREET, RIGHT? AND SO I, I GUESS I CAN JUST DRIVE UP.

ANYBODY CAN DRIVE UP THAT STREET, UH, RIVER ROAD PARK ON THE STREET, PUT A HOOD ON, GO THROUGH SOMEBODY'S YARD, AND ROB ONE OF THE HOUSES OVER THERE.

WE HAVE SOME OF THOSE ISSUES RIGHT NOW.

THE BUFFER'S IMPORTANT.

IF YOU PUT ONE, IF YOU HOLD THEM TO THE ONE ACRE, IT AT LEAST ADDS TO THE USE OF SPACE IN SUCH A WAY THAT, THAT MAYBE IT, THERE'S SOME SECURITY TO IT.

UM, UH, ON BEHALF OF MYSELF AND OTHERS, I WOULD ASK THAT YOU DENY THEM AS IT CURRENTLY IS CONSTRUCTED.

AND, UM, SO I WOULD ASK THAT YOU ALL, YOU KNOW, STICK JUST LET THE RULES APPLY TO THEM LIKE THEY DO TO EVERYONE ELSE.

APRIL GARNET, AGAIN, FIVE 11 RIVERGATE DRIVE.

THIS IS THE REASON WHY I WAS HERE TODAY.

UM, I GUESS I HAVE A COUPLE COMMENTS.

ONE IS I DON'T UNDERSTAND WHY THE RULES WOULD APPLY TO SOME PEOPLE AND NOT OTHERS.

I THINK THE RULES APPLY TO ALL OF US, AND AS SOME OF MY OTHER NEIGHBORS MORE ELOQUENTLY POINTED OUT THAN I AM, YOU KNOW, THESE WICKHAM, GLEN AND RIVERGATE, WE DID THOSE THINGS.

AND WITH REGARD TO RANDOLPH SQUARE AND THEIR, YOU KNOW, POSITION ON THIS ISSUE, I UNDERSTAND THEY'RE IN A LITTLE BIT OF A DIFFERENT POSITION.

NUMBER ONE, THEY ARE ACROSS THE STREET AS HE POINTED OUT, THEY HAVE A LARGE SETBACK BEFORE YOU EVEN GET TO WHERE THEIR HOUSES BEGIN.

AND THEY GET THE BENEFIT OF A HUNDRED FOOT PUFFER AT THE FRONT OF THE RIVER ROAD SIDE, WHICH OUR NEIGHBORS AND RIVERGATE DRIVE.

AND IN WICKHAM GLEN DO NOT BENEFIT FROM THAT.

I AGREE THAT 15 FEET SEEMS LAUGHABLY INADEQUATE, UM, OR TRAGICALLY NOT LAUGHABLY.

AND SO I WOULD SAY THAT'S NOT ENOUGH.

AND ALSO, YES, WE HAVE HAD AN IN INFLUX OF BREAK-INS IN OUR NEIGHBORHOOD RECENTLY WHERE PEOPLE ARE USING THESE PUBLIC ROADS.

SO THE FACT THAT THOSE ROADS ARE GOING TO BE PUBLIC TO ME IS A NEGATIVE BECAUSE IT JUST BRINGS MORE PEOPLE IN WHERE THEY HAVE A PLACE TO PARK AND THEN THEY CAN WALK ACROSS AND ACCESS THE HOMES IN OUR NEIGHBORHOOD.

ALSO, YOU KNOW, THAT, THAT'S REALLY CLOSE TO OUR LAKE, WHICH IS A BEAUTIFUL PART OF OUR NEIGHBORHOOD, AND THERE'S A REAL PEACEFULNESS AND, AND SERENITY TO THAT.

WE HAVE, UM, NEIGHBORHOOD GET TOGETHERS THERE AT OUR, UM, GAZEBO THAT IS PART OF OUR HOA PROPERTY.

AND THESE HOUSES WOULD BE RIGHT THERE.

AND I AM A LITTLE BIT FURTHER AROUND, BUT I DO FEEL LIKE THIS WOULD JUST CHANGE THE OVERALL FEELING.

[01:15:01]

SO THANK YOU.

ANYONE ELSE WISHING TO SPEAK? UH, GOOD EVENING.

MY NAME IS DAN BUTLER, 4 42 RIVER EIGHT DRIVE.

I LIVE NEXT DOOR TO MR. O' HAMLIN, WHO SPOKE BEFORE AND ACROSS THE STREET FROM THE BOYERS, UM, WHOM HE READ A LETTER FROM.

AND I JUST WANTED TO, UH, ALSO STATE MY OPPOSITION TO THE PLAN AS IT WAS SUBMITTED.

UM, WE'VE HEARD ABOUT A COUPLE THINGS TONIGHT.

ONE WAS THIS COMPREHENSIVE PLAN, AND I HEARD EARLY IN THE EVENING THAT THE REVISED PLAN THAT WAS SUBMITTED BY THE DEVELOPER GETS US CLOSER TO THE COMPREHENSIVE PLAN OF AN ACRE CLOSER BEING 0.61 OR 0.62 ACRES.

SO TO ME, THAT'S 40% LESS THAN THE INTENT OF A COMPREHENSIVE PLAN.

NOW IT'S BEEN POINTED OUT BY A NUMBER OF PEOPLE THAT THIS DEVELOPMENT IS SORT OF SANDWICHED BETWEEN RIVERGATE AND WICKHAM GLEN AND THE BACK PART OF THAT IS CURRENTLY ZONED AGRICULTURAL LIMITED A TWO.

AND IF I READ FROM THAT, THE STATEMENT OF INTENT, THIS DISTRICT IS INTENDED TO PROVIDE A TRANSITIONAL RURAL AREA BETWEEN THE GENERAL AGRICULTURAL DISTRICT AND THE MORE INTENSE DEVELOPMENT OCCURRING IN THE EASTERN PORTION OF THE COUNTY.

THIS DISTRICT ALLOWS FOR AGRICUL AGRICULTURAL AND FORESTAL LAND USES COMMINGLED WITH RURAL RESIDENTIAL DEVELOPMENT, TWO ACRE MINIMUM LOT SIZE AND AGRICULTURAL BASED BUSINESSES.

THIS DISTRICT SERVES TO PROTECT AGRICULTURAL AND FORESTAL LANDS, THEREBY CONSERVING THE COUNTY'S NATURAL RESOURCES.

NOW THE WAY THAT LOT IS SET UP, THE BACK PART IS A TWO, SUPPOSEDLY TWO ACRES.

THAT REAR PORTION IS THE PART THAT DIRECTLY FACES RIVERGATE AND WICKHAM GLEN, IF YOU KEEP THAT AS TWO ACRES ZONING, I THINK A LOT OF THE CONCERNS YOU'VE HEARD WILL BE AMELIORATED TO SOME EXTENT.

SO I JUST WANTED TO, UH, LEND SUPPORT TO THOSE WHO HAVE SPOKEN AGAINST THAT THIS EVENING.

ESPECIALLY CONSIDERING THAT PARTICULAR THING, IT SHOULD BE A NO VOTE ON THIS UNTIL CHANGES ARE MADE.

HELLO, MY NAME IS SHARON DILLARD.

I LIVE AT FOUR 40 RIVERGATE DRIVE.

UH, GENTLEMAN AND LADIES, THANK YOU FOR LETTING ME TALK.

UM, MANY ISSUES HAVE BEEN RAISED, AND I DON'T WANNA BE REPETITIVE, BUT THERE IS SOMETHING THAT I THINK IT'S IMPORTANT FOR THE BOARD, UM, TO CONSIDER WHEN, ESPECIALLY ON THE ISSUES OF THAT 15 FOOT BUFFER THAT THEY'RE OFFERING AFTER THE 35 FOOT BUFFER ON THIS PLAN.

AND THE REASON IS, AND CORRECT ME IF I'M WRONG, BUT I SPOKE WITH THE DEVELOPER AT THE LAST MEETING ON VALENTINE'S DAY, CUZ I WAS REALLY CONCERNED ABOUT THAT.

AND WHAT I WAS TOLD IS THAT THINGS LIKE DECKS, PATIOS, AND SO FORTH CAN BE BUILT ON THAT 35 FOOT SPACE.

AND AS FAR AS I WAS TOLD, UH, ALMOST AS A ZERO LOT LINE SORT OF ISSUE.

SO IT'S NOT JUST THAT THE BUILDING STOPS, AS I UNDERSTOOD IT AT 35 FEET, IT'S THAT THE HOUSE STOPS THERE.

AND I THINK WHEN YOU'RE THINKING OF, OF THE ADJACENT NEIGHBORS AND THE FACT THAT THE EXPECTATION WAS WHEN YOU BOUGHT THIS HOME, THAT THERE WOULD BE TWO ACRES ZONING WITH THAT A TWO, BECAUSE MOST PEOPLE BUYING PROPERTIES LIKE WE DID RESEARCH THE AREA BEFORE YOU PURCHASED.

AND THOSE ARE ALL A HUGE PART OF ANY PURCHASE DECISION THAT YOU MAKE.

AND TO, TO VIOLATE THAT EXPECTATION IN SUCH A SIGNIFICANT WAY FROM TWO ACRES TO 0.6 ACRES APPROXIMATELY, AND THEN TAKING, BASICALLY BUILDING CAPABILITIES UP TO THE LOT LINE, IT, IT'S UNACCEPTABLE.

AND I WOULD THINK THAT THE BOARD WOULD BE VERY CONCERNED FOR CITIZENS OF GLAND COUNTY AND THE CURRENT PROPERTY OWNERS AS TO THEIR RIGHTS AND EXPECTATIONS.

AND SO IT SEEMS TO ME, ALONG WITH EVERYTHING ELSE,

[01:20:01]

NO ONE'S OBJECTING TO APPROPRIATE BUILDING THAT MEETS THE CURRENT ZONES.

BUT I COULD SEE NO REASON, ESPECIALLY ON A HISTORIC CORRIDOR FOR THIS SORT OF CONCESSION TO BE MADE.

AND I THANK YOU FOR HEARING ME TONIGHT.

ANYONE ELSE WISH TO SPEAK, MR. CHAIR? COMMITTEE MEMBERS? UH, MY NAME IS FRED BAIK, 4 52 RIVERGATE DRIVE.

UM, I MOVED TO RIVERGATE LAST YEAR FROM GLEN ALLEN.

I I LIVED IN ONE ACRE LOT AND MY NEIGHBORS, THEY WERE ON ONE ACRE LOT.

AND THE REASON WHY I MOVED TO GLAND IS TO HAVE A LITTLE MORE ROOM.

I DID NOT MOVE TO GLAND TO HAVE HALF ACRE LOTS IN MY BACKYARD.

UM, I THINK THE PLAN THAT THEY PRESENTED THAT WITH, WITH THE ZONING THAT THEY CAN DO 12 ACRE LOTS, I DON'T THINK THAT'S GONNA BE ACCURATE.

UM, IF YOU LOOK AT THE LOTS AROUND THIS PROPERTY WITH RIVERGATE, THEY'RE ALL FOUR ACRE TO THE SMALLEST.

ONE IS THREE ACRE LOT.

SO THIS DEV DEVELOPMENT IS NOT IN SHAPE OR FORM COMPARABLE TO RIVERGATE AND NOT MY PROPERTY.

UM, IF WE KEEP THE ZONING AS IS, I MEAN, IT IS DESIGNED TO PROTECT HOMEOWNERS LIKE US.

UM, IT GIVE US BUFFER BETWEEN THE R ONE AND OUR PROPERTIES THAT WOULD BE IDEAL.

AND I'LL URGE YOU TO REJECT THE PLAN AS IS AS PROPOSED TODAY.

WHICH WE TALKED ABOUT, HAS AN AVERAGE, WHICH IS RIGHT NEXT TO RIVERGATE, WHICH IS IN DISTRICT FIVE, HAS AN AVERAGE LOT SIZE OF 0.46 ACRES LESS THAN WHAT WE HAVE.

ANYONE ELSE WISH TO SPEAK? ALRIGHT, I'LL CLOSE A PUBLIC COMMENT PERIOD.

WOULD THE APPLICANT LIKE TO, UH, MR. BUBBLE, WHAT DO YOU WANNA CALL IT? HAPPY TO ADDRESS ANY SPECIFIC ISSUES YOU HAVE.

I JUST HAVE THREE SPECIFIC ONES THAT I'D LIKE TO AT LEAST ADDRESS.

FIRST IS WITH RESPECT TO THE, UH, UH, BUFFER.

THERE WAS A COUPLE STATEMENTS ABOUT, UH, UH, THE RIVER ROAD CORRIDOR BUFFER THAT IS A HUNDRED FEET, NOT 15 FEET.

UM, THE 15 FEET IS ALONG THE ADJACENT, UH, ADJACENT EXISTING SUBDIVISIONS.

AND THEN ALSO QUESTIONS FOR NO PLANS FOR PLANTING.

I PUT UP THERE AND YOU HAVE IN YOUR PROFFERS SPECIFIC PLANS THAT WE HAVE FOR THE PLANTING AS IS NECESSARY, PROVIDED THE SPECIFIC PROFFERS, UH, INCLUDING, FOR EXAMPLE, AVERAGING THREE TREES EVERY 50 FEET, LINEAR FEET, MAKING SURE THAT THAT'S A, UH, A SUBSTANTIAL BUFFER.

AND THEN, UH, YOU KNOW, I WOULD POINT OUT THAT WHILE EVERYONE IN, IN THE CURRENT, UH, REZONINGS FOR RESIDENTIAL IS IN GURIN COUNTY IS GEARING TOWARDS AND POINTING TOWARDS MORE OF A BUFFER.

BUT NEITHER ONE OF THE SUBDIVISIONS THAT ARE ADJACENT TO THE LOCKHARTS PROVIDED FOR A SPECIFIC BUFFER TO THE LOCKHARTS THEMSELVES.

THEY'RE ASKING FOR US AND THE LOCKHARTS TO DEVELOP THAT AND THE CURRENT, UH, DEVELOPER TO DO THAT.

WE FEEL LIKE WE CAN DO A SUBSTANTIAL BUFFER WITH THE SETBACK.

SO WE DO A LOT OF, UH, PROTECTION FOR THE NEIGHBORS.

WITH RESPECT TO THE STORM WATER, THE CONCERN WAS ABOUT, PARTICULARLY WITH RIVERGATE, EVERYTHING THAT'S BEING CAPTURED ON THE PROPERTY, INCLUDING, UH, PROPERTY ALONG RIVERGATE IS BEING BROUGHT TO THE POND.

THERE'S A LITTLE BIT OF ALONG RIVER ROAD THAT'S GOING TO THE WETLANDS AREA.

SO THERE'S, BUT EVERYTHING'S EITHER GOING TO THE RIVER ROAD ALONG TO THE WETLANDS, EXISTING WETLANDS, OR IT'S GOING TO THE POND.

THE MAJORITY OF IT'S GOING TO THE POND, INCLUDING ANYTHING ALONG, UH, RIVERGATE AND THEN TO THE WEST OR EAST.

IT'S ALL GOING TO THE POND FIRST TO BE CLEANED AND THEN, UH, TAKEN OUT AT, AT A REDUCED RATE, UH, THAT WE HAVE OTHERWISE, UH, WITH RESPECT TO THE, UH, UM, INCREASING DENSITY, DOESN'T MATTER IF THERE'S THREE LOTS OR 500 LOTS ON THIS, WE STILL HAVE TO CAPTURE THE STORM.

WATER IS STILL THE SAME RESULT, MAY HAVE MORE IMPERVIOUS SURFACE.

WE STILL HAVE TO CAPTURE IT IN THE SAME MANNER AND MEET ALL STATE, STATE REGULATIONS.

SO IT'S NOT A DENSITY ISSUE.

IT'S COMPLYING WITH STATE LAWS, UH, FROM THAT STANDPOINT.

AND, UH, WE DID NOT IGNORE THE STORMWATER PLAN.

WE'VE HAD KOONS BRYAN TAKE A LOOK AT THE, UH, UH, STORMWATER PLAN THAT WICKHAM GLEN HAD PROVIDED.

IT'S JUST TOO EARLY.

WE CAN'T DESIGN A PLAN SPECIFIC TO THIS DEVELOPMENT AT THE ZONING CASE.

IT JUST ISN'T DONE.

UH, IT JUST COSTS TOO MUCH AND THERE'S TOO MANY UNKNOWNS UNTIL YOU GET THROUGH THE ZONING CASE.

UH, THAT WILL BE TAKEN INTO ACCOUNT AND WE HAVE TO, AS I SAID, COMPLY WITH THE STATE, UH, STATE REQUIREMENTS.

UH, AND THEN WITH FINALLY, WITH RESPECT TO THE COMPREHENSIVE PLAN, UH, THERE'S, UH, WE'RE NOT, YOU KNOW, THERE'S COMMENTS THAT WE'RE NOT SEEKING ANY COMPROMISE.

YOU KNOW, WE'VE BEEN IN TOUCH WITH THE HOAS.

UM, WE'VE LET THEM KNOW EVERY TIME WE'VE SUBMITTED TO THE COUNTY AND WE HAVE MADE THE CONCESSIONS THAT WE'VE PROVIDED, WE'VE ACTUALLY, A NUMBER OF THESE SPEAKERS HAVE CALLED THE LANDOWNERS AND HAVE CALLED MR. GOODS TO TALK TO THEM SPECIFICALLY.

UH, THE REAL CRUX OF THIS COMES DOWN TO, AS YOU KNOW, IS ABOUT THE, THE SIZE OF THE LOTS.

THAT'S WHAT WE'RE REALLY GETTING DOWN TO IS THE CONCERN.

WE'VE, WE FEEL LIKE WE'VE COMPLIED WITH AND COMPROMISED ON EVERYTHING ELSE AND TRYING TO BE CONSISTENT.

BUT AT THE END OF THE DAY, WITH RESPECT TO OTHER DEVELOPMENTS, AND THEY'RE TALKING ABOUT OTHER DEVELOPMENTS IN OTHER DISTRICTS, WEST OAK,

[01:25:01]

IT HASN'T AFFECTED, UH, HOME SALE VALUES UNDER THE CURRENT MARKET AND HAS BEEN DEVELOPED AND EXIST HARMONIOUSLY WITH THE EXISTING RIVERGATE AND THE RIVER ROAD CORRIDOR.

AND WE TALKED ABOUT A LITTLE BIT ABOUT HARMONY.

WE'RE NOT ASKING FOR A CHANGE IN THE COMPREHENSIVE PLAN.

WE BELIEVE THAT WE ARE CONSISTENT WITH THE COMPREHENSIVE PLAN.

THE COMPREHENSIVE PLAN IS NOT JUST ABOUT LOT SIZE AND ONLY LOT SIZE AND NOTHING BUT LOT SIZE.

THAT COMPREHENSIVE PLAN TALKS ABOUT IS SOMEONE HAS ALREADY TALKED ABOUT THE CHARACTER DEVELOPMENT PART OF WHAT WE'RE PROPOSING WHILE HAVING LESS THAN THE ONE ACRE THAT WE'RE TALKING ABOUT ON AVERAGE, EVEN THOUGH WE ARE AT 14 LOTS PER 14 ACRES.

BUT THE WAY THAT THE COUNTY STAFF, UH, DOES THE MATH, WE ACTUALLY PROVIDE FOR A LOT MORE TO BE ABLE TO SIT STAND WITHIN THE CHARACTER OF THE DEVELOPMENT OF THE AREA.

WE DO NOT HAVE TO HAVE A BUFFER ON RIVER ROAD AT ALL IF WE DEVELOP BY RIGHT? WE HAVE TO HAVE A ZERO BUFFER.

WE DO HAVE TO HAVE THE TURN LANES, BUT THAT'S THE ONLY THING THAT WE ARE REQUIRED TO HAVE OTHERWISE, AND WE CAN PROVIDE THAT.

OTHERWISE WE CAN PROVIDE, YOU KNOW, IT IS TWO ACRE LOTS IN THE BACK, BUT WE CAN PROVIDE FOR THE 12 LOTS AND YOU GET NOTHING OTHERWISE AS FAR AS QUALITY ASSURANCES.

AND PEOPLE TALK ABOUT THE RIVER ROAD, RIVER ROAD CORRIDOR, BUT THEY ALSO AT THE SAME TIME TALK ABOUT WANTING TO HAVE LARGER LOTS.

AND IT'S A BALANCE ACT AND UNDER, AND THE REALITY IS WE HAVE R ONE ZONING AND WE CAN DEVELOP NINE LOTS ON THE R ONE PART AND THREE LOTS ON THE A TWO PART.

AND THAT'S SOMETHING THAT WE DON'T WANT TO DO.

WE WANT TO BE ABLE TO HAVE A HIGHER QUALITY STANDARD.

I DON'T EVEN KNOW HOW TO RESPOND TO THE, UH, UH, TO THE PUBLIC ROAD STANDARDS.

THOSE ARE REQUIRED AND WITH GLEN HAS PUBLIC ROADS, UH, THEY'RE WITHIN, WITHIN THE AREA THAT DOES NOT CAUSE CRIME IN AND OF ITSELF.

UH, BUT WE DO PROVIDE FOREIGN MEAT, WE THINK THE OTHER CONTEXT OF THE COMPREHENSIVE PLAN THAT ARE OTHERWISE OUT THERE AND WITH SPECIFICALLY WITH RESPECT TO THE CHARACTER OF DEVELOPMENT.

AND, UH, WE DON'T WANT AS FAR AS A CONSIDERATION, UM, OTHERWISE WITH A BUY RIGHT DEVELOPMENT, WE WANT TO BE ABLE TO PROVIDE THE QUALITY STANDARDS AND IN RETURN FOR ASK FOR TWO ADDITIONAL LOTS.

THAT'S ALL WE'RE ASKING FOR IS JUST THOSE TWO ADDITIONAL LOTS TO BE ABLE TO PROVIDE FOR THE CHARACTER THAT A COMPREHENSIVE PLAN CALLS FOR.

WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS AND ASK AGAIN THAT YOU RECOMMEND THIS FOR APPROVAL UP TO THE, UH, BOARD OF SUPERVISORS QUESTIONS.

MY QUESTION IS, UH, MR. COLLINS, THE, UH, PERIMETER BUFFER, UM, WHY THE 15 FEET? WHY 15 FEET? YES SIR.

WELL, UH, IN ESSENCE, I'M, I'M HAPPY TO PULL IT UP IF YOU WANT, UH, TO BE ABLE TO PROVIDE, BUT WE'VE GOTTA BE ABLE TO PROVIDE FOR PUBLIC ROADS AND THE, UH, COMMON AREAS THAT WE HAVE.

OTHERWISE, WE FEEL LIKE THE 15 FEET, WHICH IS OUTSIDE OF THE, OH, SORRY, I CAN PUT OUT THE .

UH, WE FEEL LIKE THE 15 FEET IS, UH, IT PROVIDES FOR SOME BUFFERING.

UH, WE KNOW THAT IT'S NOT A 50 FOOT BUFFER OR A HUNDRED FOOT BUFFER.

UM, THERE'S NO BUFFER ON THE OTHER SIDE ON EITHER WICKHAM GLEN OR ON THE RIVERGATE SIDE.

UM, AND THAT WE FEEL LIKE WITH IT COMBINED WITH THE 35 FEET FOR A TOTAL OF 50 FOOT SETBACK THAT, UH, FOR A BUILDING SETBACK THAT THAT'LL PROVIDE FOR, YOU KNOW, UM, A, A A, A NICE SCREEN.

OTHERWISE THAT'S TYPICAL.

WITHIN THE, UH, AREA, WE'VE ADDED A LOT OF LANDSCAPING REQUIREMENTS.

AS YOU CAN SEE ON RIVERGATE.

YOU KNOW, THERE IS ONE LOT, IT IS ONE LOT THAT'S BEHIND US AND IT'S, UH, UH, TWO LOTS ON WICKHAM GLEN.

SO WE FEEL LIKE THAT, YOU KNOW, THE 15 FEET DOES PROVIDE SOME PROTECTION, UH, ALONG WITH THE 35 FOOT SETBACK WITH THE, UH, SUBSTANTIAL BUFFERING THAT WE PROVIDED FOR IN THE LANDSCAPING.

ANY QUESTIONS? I HAVE ONE QUESTION REGARDING HERE, AGAIN, REGARDING THE BUFFER.

UM, AM I RIGHT IN ASSUMING THAT WHEN THE LOTS ARE DEVELOPED, THEY'LL BE DENUDED UP TO THAT 15 FOOT LINE? NO, NOT NECESSARILY.

NO TREES? WELL, I MEAN, THEY COULD BE, AGAIN, IT DEPENDS UPON THE ENGINEERING THAT HAS TO GO THROUGH AND FIGURE OUT HOW TO HAVE, UH, WITH RESPECT TO THE STORM WATER AND CAPTURING THE STORM WATER.

UH, WE COULD, BUT, UM, THE IDEA IS TO KEEP GUARANTEED TO KEEP THAT 15 FOOT NATURAL.

A LOT OF PEOPLE LIKE TO HAVE AS RIVERGATE AND WICKHAM GLEN HAVE TALKED ABOUT HAVING, UH, WOODED AREAS.

AND IF WE CAN ACHIEVE THAT TO HAVE THE POSITIVE DRAINAGE THAT WE'RE NECESSARILY REQUIRED TO HAVE BY THE STATE CODE, THEN WE CAN DO THAT AND WE CAN LEAVE THOSE TREES.

IF WE CAN'T, BASED ON THE TOPOGRAPHY, WE MAY HAVE TO CLEAR THOSE IN ORDER TO BE ABLE TO HAVE THE POSITIVE DRAINAGE THAT WE'RE REQUIRED TO HAVE.

IT JUST DEPENDS ON THE TOPO AND HOW, HOW THE GRADING WORKS AND BEING ABLE TO PROVIDE THAT.

AGAIN, WE DON'T HAVE TO, UH, GO IN THERE, BUT WE WON'T KNOW UNTIL SUCH TIME AS WE GO THROUGH THE, UH, P O D PROCESS.

THE REASON I ASK IS MOST SUB DEVELOPMENTS WHO WE'VE SEEN LATELY OF THIS SIZE, YOU KNOW, ALL THE TREES ARE GONE MM-HMM.

EXCEPT FOR ONE TREE THE COUNTY REQUIRES IN THE FRONT YARD, SO MM-HMM.

WELL, THE IDEA IS TO KEEP THOSE, THAT 35 FOOT, WE CAN'T, WE CAN'T GUARANTEE, WE DIDN'T WANNA GUARANTEE, WE'RE NOT TRYING TO TRICK ANYONE.

WE'RE TRYING TO, UH, KEEP THE 15 FEET NATURAL AND, AND NOT TOUCH THAT THE 35 FEET MAY OR MAY NOT, UH, HAVE TO BE CLEARED OF TREES.

IT JUST DEPENDS ON THE ENGINEERING AS IT GOES THROUGH THE STORMWATER CONCEPT.

LIKELY FAIR AMOUNT OF THE 35 FEET WOULD HAVE TO BE CLEARED JUST TO CONSTRUCT A HOME.

SO I MEAN, THAT'S, THAT'S FAIRLY LIKELY.

IT DEPENDS ON WHERE THE HOME IS LOCATED.

IMPACT ON TREES WHEN YOU DO ANY CONSTRUCTION.

I MEAN, AT, AT THE END OF THE DAY, YOU KNOW, THERE'S A, UH,

[01:30:01]

UH, THEY MAY BE IMPACTED FROM THAT, BUT, UH, THAT AREA'S IN THE REAR YARD.

SO THE HOPE IS THAT IF IT IS RETAINED WITH TREES, THAT THAT WOULDN'T BE IN NECESSARILY, NECESSARILY HAVE TO BE IMPACTED.

COULD BE, BUT WOULDN'T NECESSARILY HAVE TO BE.

AND, AND I MEAN, THE BUFFER WOULD BE PROVIDED ALSO FOR THE HOMES THAT WOULD BE BUILT HERE NOT TO SEE THE HOMES IN RIVERGATE.

AND LOOK, I'M GOING WELL, THAT'S TRUE TOO.

YEAH, IT WORKS BOTH WAYS.

BUT YOU KNOW, OUR THOUGHT IS THAT WITH THE QUALITY OF PROFITS, THESE ARE, THESE ARE BEAUTIFUL HOMES AS WELL, AND THEY'RE GONNA BE IN A MILLION AND A HALF.

UH, THAT'S THE EXPECTATION UNDER THE CURRENT MARKET THAT THOSE WILL SELL FOR A MILLION AND A HALF PLUS.

RIGHT.

SO THESE ARE, THESE ARE GONNA BE NICE HOMES AS WELL.

NO OTHER QUESTIONS.

THE STAFF HAVE ANYTHING YOU WANT TO ADD TO THIS? I'VE GOT SOME QUESTIONS FOR STAFF I DO AS WELL.

GO AHEAD.

YES, SIR.

UM, THE, WITH THE, WE, WE KEEP HEARING THAT THE, THEY CAN GET 12 LOTS BY RIGHT AS IS.

THAT'S WHAT THEY HAVE PROPOSED, THAT THAT WILL MATHEMATICALLY WORK OUT THAT THEY CAN GET 12 LOTS.

UH, AGAIN, I HAVEN'T DONE A, THIS WAS ACTUALLY THE FIRST TIME I ACTUALLY SAW THE LAYOUT FOR THE 12 LOTS.

I THINK MAYBE IT MAY HAVE BEEN IN THE PRESENTATION IN FEBRUARY, BUT WE HAVE NOT DONE AN ANALYSIS.

UM, I KNOW THAT THAT WAS SOMETHING THAT WAS ASKED OF STAFF, BUT THERE'S SO MANY DIFFERENT WAYS IT COULD BE DRAWN TO MAKE IT WORK AND NOT WORK.

SO, UM, HE'S INDICATED THAT THAT, UM, IT IS LIKELY THAT IS WHAT THEY'VE INDICATED AND, AND, AND, AND HAVING THOSE BY RIGHT.

THE, THE BUFFERS WOULD NOT BE REQUIRED? NO, THERE WOULD BE NO BUFFER OR OPEN SPACE REQUIRED.

ONLY THE SETBACKS THAT THE COUNTY WOULD HAVE CORRECT.

SETBACKS.

THEN, AS MR. CONLAN MENTIONED, THE, UH, TURN LANES.

, MS. SHERRY.

AND IN ADDITION TO WHAT, UH, MR. DUKE, SO THE, THEY WOULD NOT BE REQUIRED TO HAVE THE, THE, UH, THE PERIMETER BUFFERS OR THE BUFFERS ALONG RIVER ROAD, UM, WITH A AS IS BY, RIGHT? THAT IS CORRECT.

UM, SO ANY, UH, HARDSCAPE OR ACCESSORY BUILDINGS COULD BE, YOU KNOW, POSSIBLY AT THE REAR MOST PORTION OF THE LOT? YES.

YES, THEY WOULD, THEY WOULD BE ABLE TO DEVELOP WITH THE REAR LOT, UH, VISIBLE FROM THE ROAD.

AND THEN I GUESS TO THE BEST OF THE COUNTY'S ABILITY, DOES RIVERGATE OR, UM, WICKHAM GLEN, I GUESS THE TWO ADJOINING PROPERTIES HAVE ANY SORT OF BUFFER THAT THEY PROFFERED IN THEIR DEVELOPMENT? YES.

IT'S INTERESTING, UM, THAT, UH, MR. CONLAN MENTIONED THAT I THINK I HAD INDICATED, UM, EARLIER THAT, UM, RIVERGATE HAD A 50 FOOT PERIMETER BUFFER.

JUST LOOKING AT THE PROFFERS.

I THINK THAT THEY DID NOT HAVE A B A 50 FOOT BUFFER.

DO NOT.

THEY DID.

NO, THEY DID HAVE THE, UM, THE ROAD BUFFERS, BUT NOT THE 50 FOOT BUFFER.

THEY DID NOT HAVE A 50 FOOT REAR BUFFER.

SO RIVER, NO, ACCORDING TO THE RIVERGATE PROFFERS, I'M LOOKING AT THEM NOW.

THERE IS A BUFFER SECTION THAT DOES TALK ABOUT, UM, 150 FOOT BUFFER IN A, IN A, UM, A WETLAND MITIGATION AREA ON RIVER ROAD, UM, 120 FOOT BUFFER PROVIDED ALONG PATTERSON AVENUE AND UTILITY.

SO, UM, I THINK THAT THERE IS NO 50 FOOT PERIMETER PER BUFFER.

YES.

CORRECT.

AND THEN, UM, IN WICKHAM GLEN, OKAY, LET ME TELL YOU WHAT WICKHAM GLEN DOES HAVE.

SO WICKHAM GLEN, UM, THEY HAVE A MINIMUM 300 FEET BUFFER LANDSCAPE ALONG, UM, SIX 50 RIVER ROAD, UM, AS WELL AS A 50 FOOT BUFFER ALONG THE, UM, PERIMETERS OF THE EAST, WEST AND NORTHERN EDGE.

THAT ONE DOES REQUIRE A 50 FOOT BUFFER.

AND THAT IS A 50 FOOT BUFFER.

THAT'S NOT, UH, BUFFER PLUS SETBACK, CORRECT? NO, THAT'S JUST THE BUFFER.

THE SETBACK WOULD HAVE TO BE OUTSIDE OF THAT BUFFER.

THE BUILDING SETBACK MENTION, THAT'S ALSO WITH UTILITIES, THAT ONE.

THAT'S RIGHT.

UTILITY AGREEMENTS ARE NOT.

RIVERGATE QUESTIONABLE, UH, RETINOL SQUARE, UH, 700 FOOT ON THE ROAD, 200 TO THE CHURCH, A 200 FROM LO TUCKO AND, UH, WEST OAK, THAT WAS DONE IN OH TWO AS A 35 FOOT IMETER.

AND AS, AS, UM, MR. CASH'S, UH, STATING THAT IS ALSO WHERE THE UTILITY EASEMENTS RUN ON THE WICKHAM GLEN SIDE IN THE BUFFER MM-HMM.

THAT, AND THAT'S NOT A VEGETATIVE BUFFER, THAT'S JUST, THAT'S CORRECT.

I ALSO, ANY QUESTIONS, STAFF? I THINK THAT'S IT.

WE'LL CLOSE THE PUBLIC HEARING AND STAFF COMMENTS AS SALE FOR THE, UH, BOARD TO DISCUSS THE ITEMS. UM, SINCE THIS IS MY DISTRICT, I GUESS I'LL, UH, SLEEP INTO THE FIRE.

UM, I HAVE A PROBLEM WITH THE 50 15 FOOT BUFFER.

UM, I'M LOOKING AT THE CHART THAT WE HAVE, AND, UH, WE'VE GOT WICKHAM WITH A 50 FOOT BUCKER OFF

[01:35:01]

UH, I KNOW WE HAD A DEVELOPMENT ON BLAIR ROAD, UH, A FEW YEARS AGO THAT HAD A, I THINK IT HAD A 10 OR 15 FOOT BUFFER.

WE TURNED IT DOWN AND THEY CAME BACK AND, UH, UH, INCREASED IT TO, I THINK IT WAS AT LEAST 50 OR 60 FEET.

UM, IT WAS BEFORE YOUR TIME .

UM, AND, AND 15 FEET IS NOTHING.

I MEAN, 15 FEET IS MY HEAD OF THE, THE, UH, COLUMN.

SO THAT'S, I DON'T REALLY CONSIDER THAT A BUFFER.

UM, AND, UH, I'M REALLY, UH, BOUND BY THE, THE COMPREHENSIVE PLAN.

THREE OF US ON THIS BOARD WROTE, KEPT WRITE THAT PLAN.

THERE IS NO OLD BUSINESS, OLD BUSINESS.

, AND IT'S SORT OF EMBEDDED IN OUR PSYCHIC THAT YEAH, THIS IS WHAT THE CITIZENS WANTED.

WE WENT THROUGH ALL THESE REVIEW PERIODS, PUBLIC HEARINGS, UH, AND LASTED AT LEAST A YEAR BEFORE WE FINALLY DEVELOPED THAT THING.

AND WE, WE'VE BEEN FAIRLY CONSISTENT IN OUR VOTING AND THE DISCUSSIONS THAT WE FOLLOW.

THE COMPREHENSIVE PLAN, UH, YOU START DEVIATING FROM IT, AND THEN AFTER A WHILE, IT, IT HAS NO MEANING AT ALL BECAUSE YOU'VE DESTROYED THE CONTENT OF IT.

UH, AND WHAT SIZES, UH, GOING FROM ONE ACRE, LOTS TO 0.6, THREE LOTS IS, IS NOT EVEN CLOSE.

I MEAN, IF YOU ARE A 0.99 OR 0.98, THAT'S CLOSE ENOUGH ENGINEERING ACCURACY.

BUT 0.63 IS NOT, NOT THAT CLOSE.

UH, AND I THINK WE REALLY HAVE A DUTY TO THE CITIZENS TO STICK AS CLOSE AS WE CAN TO THE COMP PLAN, UNLESS THERE'S A REAL SIGNIFICANT REASON NOT TO.

UH, AND THINGS THAT ARE, THAT ARE BROUGHT TO THE TABLE, UH, OFFSET WAY WE DIFFER FROM THE CONCIERGE PLAN.

UH, SO I'M, UH, UH, I'M ON THE, THE OPINION THAT, UH, THIS SHOULD BE DENIED.

I TEND TO AGREE WITH YOU.

UM, TOM, YOU KNOW, LOOKING AT THIS CHART RIGHT HERE, THERE'S, THERE'S ACTUALLY A, UM, A SUBDIVISION THAT HAS LIKE FOUR TENTHS OF AN ACRE, UH, UH, PER LOT.

BUT THE THING IS THIS THAT WAS APPROVED LONG, LONG BEFORE ANY OF US WERE ON THE PLANNING COMMISSION.

I DON'T THINK ANY OF US HAVE EVER, UH, APPROVED ANYTHING LIKE THAT.

UM, IT, UH, IT'S TROUBLING THAT THIS IS SO FAR FROM WHAT WE HAD ENVISIONED IN A COMPREHENSIVE PLAN.

SO I'M OPPOSED TO AS WELL.

ANYONE ELSE? MR. I DON'T HAVE ANYTHING.

I, I AGREE.

I THINK THE, I MEAN, THE AVERAGE, THE AVERAGE LOT SIZE AND THE, UH, THE PERIMETER BUFFER, I THINK THE RIVER ROAD BUFFER, I THINK ALL OF THE OTHER ADDITIONS THAT WERE MADE, UM, MINUS THE PERIMETER BUFFER AND THE, THE AVERAGE LOT SIZE, THOSE ARE THE TWO ISSUES AS MR. ROCKER.

CHARLIE STATED WHAT WASN'T THERE SUBDIVISION WE DID THAT WAS LESS THAN THAT ON GLARE ROAD AND SOME TYPING ON THIS WAS DONE.

UH, IT'S UNDER CONSTRUCTION NOW, SO IT WAS A COUPLE.

IT WAS, AND IT WAS A FAIR, BUT IT'S A SMALL, SMALLER LOTS, BUT MAYBE, BUT MORE BUFFER HAD A LOT MORE BUFFER AND IT BACKED UP TO HOUSES ALONG.

UH, THEREFORE, UH, I GUESS I MOVED THAT THE COMMISSION, UH, WELL, EXCUSE ME.

HUH? BOTTOM.

GOT THE NEW LANGUAGE HERE.

I HAVEN'T GOT THE RIGHT SHEET.

OH, OKAY.

UM, BASED ON THE INFORMATION STAFF REPORT FROM THE PUBLIC HEARING, I MOVE THAT THE COMMISSION RECOMMEND DENIAL OF REZONING TO RESIDENTIAL LIMITED R ONE OR PROFIT CONDITIONS ON THE GROUNDS THAT IS NOT KEEPING WITH THE PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE, AND GOOD ZONING PRACTICE, AND IS NOT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN.

AND YOU CAN ADD BUFFER TO THAT IF YOU WANT.

AND, UH, THE BUFFERS ARE NOT CONSISTENT WITH, UH, UH, GOOD ZONING PRACTICE IN WHAT WE'VE DONE IN THE PAST.

I SECOND GOOD.

AND SECOND CALLER ROLL CALL.

[01:40:01]

, WE'RE VOTING ON JUST FOR CLARITY, A MOTION TO RECOMMEND DENIAL.

RIGHT, RIGHT.

AND, AND SO IF YOU VOTE NAY, YOU'RE VOTING AGAINST DENIAL.

THE MOTION TO RECOMMEND DENIAL PASSES ON A FOUR ONE VOTE.

THIS CASE WILL BE SCHEDULED FOR PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS ON JULY 3RD, 2023, WITH A RECOMMENDATION OF DENIAL FROM THE PLANNING COMMISSION, OLD BUSINESS, BUSINESS BUSINESS.

IS THERE ANY, UH, OLD BUSINESS?

[8. Old Business - None]

THERE IS ONE ITEM OF OTHER

[9. Other Business]

BUSINESS.

THERE IS A VILLAGE PLAN UPDATE.

I JUST WANTED TO, UM, UP 10 MINUTE BREAK THERE.

THANK YOU FOR STEPPING IN THERE.

GIVING US STRAIGHT.

YEAH, I WAS THINKING THE SAME THING.

THE FIRST ONE WAS INTENTIONAL, THE SECOND ONE WAS UNINTENTIONAL.

SO I CAUGHT THE SAME THING.

MY BRAIN, MY BRAIN WAS LIKE, LOOKING FOR YOU.

THAT'S A GOOD CHART.

UH, IT'S SOME CLARIFICATION ON A COUPLE THINGS.

UH, JUST WANTED TO GIVE A, UH, BRIEF UPDATE ON THE, UH, TWO SMALL AREA PLANS, UH, BOTH THE, UH, COURTHOUSE VILLAGE AND THE CENTERVILLE SMALL AREA.

UH, WE HAVE GONE THROUGH TWO PUBLIC HEARINGS THIS LAST MONTH.

UH, THE, UM, COURTHOUSE HAD A PUBLIC HEARING ON THE 22ND.

SO THIS IS SCHEDULED TO BE, UM, HEARD AT THE BOARD OF SUPERVISORS ON, UH, JUNE 12TH HERE AT, UM, THE COUNTY, UH, BOARDROOM, AS THAT WILL BE HELD AT SIX O'CLOCK.

UH, THE CENTERVILLE AREA SMALL AREA PLAN WAS RECOMMENDED FOR DEFERRAL.

UM, AND THIS WAS HELD AT THE PUBLIC HEARING ON THE 24TH.

UH, THE, THE NEXT STEP FORWARD FOR, UH, THIS PLAN IS THAT THERE IS A SCHEDULED JOINT WORK SESSION BETWEEN THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS THAT WILL BE HELD ON JUNE 16TH, UH, 15TH, EXCUSE ME, JUNE 15TH AT SIX O'CLOCK.

UH, THIS IS AN OPPORTUNITY FOR THE BOARD AND THE PLANNING COMMISSION TO DISCUSS THE NEXT STEPS FORWARD WITH THE PLANNING PROCESS.

UM, AT THE PLANNING COMMISSION MEETING, UH, THE PUBLIC HEARING FOR THE CENTERVILLE SMALL AREA PLAN, IT WAS, UM, VOTED TO DEFER UNTIL, UM, THE JULY 6TH MEETING WHERE, UH, THE NEXT STEPS WOULD BE ANNOUNCED.

SO, UM, THE WORK SESSION ON THE 15TH, UH, JOINT WORK SESSION ON THE 15TH FOLLOWED BY A, UM, A, A PATH MOVING FORWARD THAT WILL BE, UH, DISCUSSED AND ANNOUNCED AT THE JULY MEETING.

THAT'S REALLY ALL I HAVE TO REPORT.

IT'S BEEN A VERY BUSY MONTH WITH THE, UM, THE PLANNING PROCESS.

AND SO, UM, MOVING FORWARD, THAT'S THE PLAN.