* 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. [00:00:08] GOOD EVENING. I'M NOW CALLED TO ORDER THE PLANNING COMMISSION MEETING FOR JULY THE 17TH, 2025. [1. Call To Order] MME. PARKER, DO WE HAVE A QUORUM TONIGHT? YES SIR. MR. CHAIRMAN, WE HAVE A QUORUM. ALRIGHT, THANK YOU VERY MUCH. I KNOW WE ARE MISSING SOME, BUT WE ARE GLAD THAT THOSE ARE HERE, ARE HERE. WE'RE NOW STAND FOR THE PLEDGE OF ALLEGIANCE, UH, AND THE INVOCATION BY MR. KURT [2. Pledge of Allegiance] PAT UP. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MOST GRACIOUS GOD, THANK YOU FOR ENABLING US TO [3. Invocation - Led By Mr. Pituck] GATHER HERE TODAY. THANK YOU FOR THIS BODY OF PEOPLE THAT YOU HAVE ORDAINED TO RULE THIS GREAT COUNTY. NOW, AS WE GO ABOUT DOING THE BUSINESS SET FORTH TODAY, HELP US TO KEEP YOU FIRST IN EVERYTHING THAT WE SAY AND DO BLESS ALL WHO ARE IN AUTHORITY WITH THE PROPER KNOWLEDGE, WISDOM, AND UNDERSTANDING. SO THAT MAY PROSPER UNDER THEIR LEADERSHIP. MOST OF ALL, BIND US TOGETHER IN A SPIRIT OF LOVE, WHICH SURPASSES ALL THINGS. IT IS IN YOUR OMNIPOTENT NAME WE PRAY. AMEN. AMEN. WE'LL NOW HAVE THE APPROVAL OF MINUTES, THE PLAINTIFF COMMISSION [4. Approval of Minutes] MEETING, THE REGULAR MEETING THAT WAS HELD [A. Minutes of Jun 17, 2025 6:00 PM] ON JUNE THE 17TH, 2025. HAS EVERYONE HAD THE OPPORTUNITY TO READ THE MINUTES FROM THAT PARTICULAR MEETING? AND ARE THERE ANY COMMENTS OR IS THERE A MOTION FOR APPROVAL? I'VE READ AND, UH, MAKE A MOTION FOR APPROVAL. I SECOND IT AND WE CAN DO A ROLL CALL. UM, MR. COSBY AYE. MR. PATEK AYE. MR. KIMBERLY AYE. THANK YOU. WE WILL NOW HAVE THE DIRECTOR'S REPORT AND ANY ANNOUNCEMENTS FROM STAFF. [5. Director's Report / Announcements] THANK YOU MR. CHAIRMAN, MEMBERS OF THE COMMISSION. I'M JAMIE SHERRY, DIRECTOR OF COMMUNITY DEVELOPMENT AND AS, UH, THE CHAIRMAN SAID, I WILL BE PRESENTING IN MY REPORT THIS EVENING, UPCOMING PLANNING AND ZONING RELATED, UM, MEETINGS. SO AT OUR BOARD OF SUPERVISORS MEETING, WHICH WILL BE HELD ON AUGUST 5TH, THERE WILL BE TWO PUBLIC HEARINGS. UH, THE FIRST ONE IS IN DISTRICT FOUR. IT IS AN APPLICATION BY TRAVIS JOHNSON FOR A, A CONDITIONAL USED PERMIT TO OPERATE AN UNHOSTED SHORT-TERM RENTAL. THE PROPERTY IS LOCATED AT 2 0 7 ECHO MEADOWS ROAD IN DISTRICT FIVE. THERE'S A CONDITIONAL USE PERMIT AMENDMENT, AN APPLICATION BY BENEDICTINE SOCIETY OF VIRGINIA. THEY WILL BE REQUESTING TO INCREASE THE OCCUPANCY OF THE SCHOOL FROM 300 AND, UH, 935 TO 1500 THAT WOULD BE AT THE SCHOOL CAMPUS. AT THE AUGUST 21ST PLANNING COMMISSION MEETING, THERE WILL BE THREE PUBLIC HEARINGS AND ONE ACTION ITEM. THE ACTION ITEM WILL BE A SUBDIVISION ACCEPTANCE. THIS WILL BE A PC ACTION ONLY. IT WILL NOT, UH, GO TO THE PUBLIC, UM, GO FOR PUBLIC HEARING AND IT WILL NOT BE HEARD AT THE BOARD OF SUPERVISORS. THIS APPLICATION IS IN DISTRICT ONE. UH, THE APPLICANT IS NORMAN WALTER. HE'S SEEKING AN EXCEPTION TO THE ACCESS REQUIREMENTS OF THE SUBDIVISION. THERE'S ALSO TWO PUBLIC HEARINGS IN DISTRICT FOUR. THERE'S AN APPLICATION BY GLAND COUNTY BOARD OF SUPERVISORS REQUESTING AN AMENDMENT TO REZONING CASE RZ 2 20 18 4 TO REMOVE ACCESS REQUIREMENTS FOR FOUR LOTS ON POND VIEW LANE. THERE WILL ALSO BE A CON, UH, COMPREHENSIVE PLAN AMENDMENT IN ORDER TO ESTABLISH A TECHNOLOGY OVERLAY DISTRICT, AS WELL AS AN AMENDMENT TO THE ZONING ORDINANCE, ESTABLISHING A TECHNOLOGY OVERLAY DISTRICT AND TO DECREASE PARKING STANDARDS FOR DATA CENTERS. ON THE SCREEN, THERE IS A WEB, UM, PAGE THAT THE COUNTY HAS SET UP. IT'S ON THE PLANNING AND ZONING WEBPAGE. YOU WILL BE ABLE TO FIND IT AT THE BOTTOM IF THAT, IF YOU'RE NOT ABLE TO ACCESS THIS, UH, LIVE. UH, THERE ARE, UH, TWO COMMUNITY MEETINGS SCHEDULED. UH, BOTH ARE APPLICATIONS BY ROGEL AND MARTA BENSON. THEY ARE BOTH FOR CONDITIONAL USE PERMITS FOR UNHOSTED SHORT-TERM RENTALS. UH, THE FIRST COMMUNITY MEETING IS IN DISTRICT ONE. THE MEETING WILL BE HELD ON AUGUST 11TH AT 6:00 PM ON, UH, FLEMING ROAD. 4,700 [00:05:01] FLEMING HOME IS, UH, FLEMING ROAD IS THE LOCATION OF THE HOME THAT THEY WANT TO HAVE THE SHORT-TERM RENTAL IN. AND THEN THE SECOND COMMUNITY MEETING BY THE VINCES IS IN DISTRICT FIVE. THIS MEETING WILL BE HELD ON THE 14TH OF AUGUST AT 6:00 PM AT THE SUBJECT PROPERTY, WHICH IS 17. UM, 1117. NO, 117. SORRY. DOGWOOD DRIVE. AND THAT CONCLUDES MY PRESENTATION. , DOES ANYBODY HAVE ANY QUESTIONS FOR ME? NO. ALRIGHT. THANKS. THANK YOU. THANK YOU. OUR NEXT ITEM THIS EVENING IS CITIZEN COMMENT PERIOD [6. Citizen Comment Period] PER THE PLANNING COMMISSION BYLAWS. SECTION FOUR, ADDRESSING THE COMMISSION. PUBLIC COMMENTS. GENERALLY, ALL PERSONS WHO SPEAK BEFORE THE COMMISSION DURING THE CITIZEN COMMENT PERIOD OR A PUBLIC HEARING SHALL DO SO FROM THE LECTERN AND FURNISH THEIR NAMES AND ADDRESSES TO THE COMMISSION. A SPEAKER SHALL ONLY SPEAK ONCE ON ANY ITEM UNLESS THE COMMISSION ASKS THE SPEAKER TO ANSWER QUESTIONS. NO PERSON MAY ADDRESS THE COMMISSION UNLESS THEY HAVE FIRST BEEN RECOGNIZED BY THE CHAIR. EACH PERSON WHO DESIRES TO SPEAK SHALL BE GIVEN TIME TO PRESENT ORAL OR WRITTEN COMMUNICATIONS. COMMENTS SHALL BE DIRECTED TO THE COMMISSION, NOT THE AUDIENCE. CITIZEN COMMENT PERIOD. THE CITIZEN COMMENT PERIOD PROVIDES A PUBLIC FORUM FOR THE COMMISSION TO HEAR FROM CITIZENS ABOUT MATTERS PERTINENT TO THE ACTIVITIES, ISSUES, OR POLICIES OF THE COMMISSION. THE CITIZEN COMMENT PERIOD IS LIMITED TO MATTERS THAT ARE NOT SCHEDULED FOR PUBLIC HEARING ON TONIGHT'S AGENDA. THANK YOU. IF YOU WISH TO SPEAK DURING THE CITIZEN, UH, COMMENT PERIOD, PLEASE COME FORWARD. FIRST AND FOREMOST, STATE YOUR NAME, YOUR ADDRESS, UH, AND YOUR ADDRESS. YOU'LL HAVE THREE MINUTES TO SPEAK. YOU'LL SEE ON THE PODIUM THAT THERE ARE LIGHTS, THOSE LITTLE GLOBES. THE GREEN LIGHT INDICATES OF COURSE, THAT YOU CAN GO. THE YELLOW LIGHT INDICATES THAT YOUR TIME IS RUNNING LOW AND THE RED LIGHT INDICATES THAT YOUR TIME HAS EXPIRED. IF THERE AGAIN, IF THERE'S ANYONE WHO WANTS TO SPEAK AGAIN ON SOMETHING THAT IS NOT RELATED TO OUR AGENDA TONIGHT, YOU'RE WELCOME TO COME FORWARD. HEY, THE, YOU DOING? CAN I SPEAK NOW? PLEASE DO. YES. MY NAME'S TERRY PIT. YES, I LIVE AT PITTS DRIVE, GLAND, VIRGINIA, RIGHT BEHIND THE OLD BANK OF GLAND. UH, WHAT I'M HERE TODAY IS, UM, I'M HAVING ISSUES WITH WATER AND SAND AND GRAVEL. EVERY TIME A HARD RAIN COMES, IT WASHES EVERYTHING DOWN. WHOOPS. DOWN THE SIDE OF THE, DOWN, DOWN, DOWN INTO THE CULVERT. AND WHAT IT DOES IS COME DOWN THE CREEK AND PILES UP DOWN THE BOTTOM OF THE CREEK. NOW THIS HAS DONE THOUSANDS OF DOLLARS WORTH OF DAMAGE ALREADY OVER LIKE A EIGHT YEAR. WELL, REALLY, LIKE TWO YEARS HAS BEEN DOING, PILING UP AND STARTING TO GROW. WEEDS UP ABOUT THIS HIGH, WHICH USED TO BE GRASS RIGHT THERE. AND THIS IS THE SAND THAT'S COME DOWN. IT'S GOTTEN DIRTY BECAUSE, YOU KNOW, IT MIXES IN WITH THE, UH, ACTUAL, YOU KNOW, MUD AND ALL THAT KIND OF STUFF. BUT ANYWAYS, I NEED, I ALREADY HAD TWO PEOPLE FROM THE PLANT COMMISSION COME DOWN ABOUT A YEAR AND A HALF AGO, AND THEY CAME DOWN, BROKE CORPS OF ENGINEERS PERSON. WELL, SHE CAME DOWN THERE AFTER ABOUT FIVE OR SIX YEARS WORTH OF DAMAGE. AND IT, YOU KNOW, THE, THE WATER WENT AROUND THE CREEK AND WHAT IT'S DOING, IT'S CAVE THE CREEK AND IN ON ITSELF WITH DIRT, MUD, AND GRASS. SO SHE DIDN'T SEE ALL OF THAT. SHE JUST CAME DOWN THERE AFTER THE DAMAGE WAS DONE. AND, UH, WHAT I NEED TO DO IS I NEED TO DIG IT OUT OUT THREE FEET DEEP AND TWO FEET WIDE. AND THAT WOULD HELP OUT GREATLY WITH THE WATER COMING DOWN THERE. AND THEN I MAYBE GET MY GRASS BACK TO NORMAL LIKE IT SHOULD BE. SO I ALREADY TALKED TO THE BOARD OF SUPERVISORS ABOUT IT, BOARD OF SUPER ONCE, BOARD OF SUPERVISOR AND A, UH, PERSON, ENVIRONMENTAL PERSON. THEY WERE SUPPOSED TO COME DOWN AND NEVER CAME DOWN THERE. SO, UM, I'M JUST COMING HERE IN FRONT OF Y'ALL TO LET Y'ALL KNOW WHAT'S HAPPENING AND SEE IF I CAN GET SOMETHING DONE. SO THAT'S ALL. OKAY. THANK Y'ALL. THANK YOU. THANK YOU, SIR. ANYONE ELSE? LET'S GO AHEAD. HELLO, MY NAME IS CAROLYN ELLIOTT. I LIVE AT 2 5 1 2 POPLAR FOREST LANE IN MAIDENS. AND I'M HERE TO TALK ABOUT THE SERENITY TRAIL SUBDIVISION. NO, NO, NOT THAT'S TONIGHT'S, THAT'S ON THE AGENDA. SO WHEN THAT, WHEN THE PUBLIC COMMENT PERIOD FOR THAT PARTICULAR PROJECT COMES FORWARD, I WILL ANNOUNCE THAT AND THEN YOU AND ANYONE ELSE CAN SPEAK THEN. BUT RIGHT NOW, THIS IS FOR ITEMS THAT ARE NOT ON OUR AGENDA TONIGHT. I APPRECIATE IT. THANK YOU. YEAH, THANK YOU. NO PROBLEM. [00:10:01] ANYONE ELSE? AGAIN, ITEMS NOT ON OUR AGENDA TONIGHT. IF NONE, I'LL CLOSE THE PUBLIC COMMENT PERIOD. OKAY. WE HAVE NO UNFINISHED BUSINESS, BUT WE DO HAVE ONE ITEM OF NEW [7. Unfinished Business - None] BUSINESS. UM, THIS IS AN ACTION ITEM BEFORE THE COMMISSION [8. New Business] AND WILL NOT COME BEFORE THE BOARD OF SUPERVISORS. DISTRICT FIVE CMP [1. District 5 - CMP-2025-00001 Application by Summit Real Estate Group requesting approval of a Conceptual Master Plan for a warehouse use on 23.18 acres on Tax Map No. 63-37-1-1-0 in West Creek Business Park. The property is zoned Industrial, Limited (M-1) with proffered conditions and is governed by the proffers associated with West Creek Business Park. The Comprehensive Plan designates this area as Prime Economic Development.] 20 25 1 APPLICATION BY SUMMIT REAL ESTATE GROUP REQUESTING APPROVAL OF A CONCEPTUAL MASTER PLAN FOR A WAREHOUSE USE ON 23 POINT 18 ACRES ON TAX MAP NUMBER 63 3 7 1 1 0 IN WEST CREEK BUSINESS PARK. THE PROPERTY IS ZONED INDUSTRIAL LIMITED M1 WITH PROFFERED CONDITIONS AND IS GOVERNED BY THE PROFFERS ASSOCIATED WITH WEST CREEK BUSINESS PARK. THANK YOU MS. PARKER. THANK YOU, MR. CHAIRMAN. UH, FOR THE RECORD, MY NAME IS CARRIE RAGLIN. I'M THE PLANNING MANAGER WITH THE COUNTY, AND I'LL BE PROVIDING THE STAFF PRESENTATION FOR THIS APPLICATION. AS STATED, THIS REQUEST IS WITHIN DISTRICT FIVE. IT IS AN APPLICATION FOR APPROVAL OF A CONCEPTUAL MASTER PLAN. THE VICINITY MAP ON THE LEFT INDICATES A SUBJECT AREA OUTLINED IN RED. THE AERIAL PHOTO ON THE RIGHT INDICATES THE SUBJECT PROPERTY ALSO OUTLINED IN RED. FOR BETTER REFERENCE, THE SUBJECT PROPERTY IS LOCATED DIRECTLY WEST OF 2 88 AND IS SITUATED BETWEEN ROUTE 2 88 AND WEST CREEK PARKWAY. IF I CAN USE THIS, 2 88 IS HERE AND WEST CREEK PARKWAY IS LOCATED HERE. THE ZONING MAP ON THE LEFT DEMONSTRATES THE SUBJECT PROPERTY AND ADJACENT PROPERTIES AS THE M1 ZONING DISTRICT. THE COMPREHENSIVE PLAN MAP ON THE RIGHT DEMONSTRATES THE SUBJECT PROPERTY AS WELL AS ADJACENT PROPERTIES AS PRIME ECONOMIC DEVELOPMENT. AGAIN, THIS IS A REQUEST TO APPROVE A CONCEPTUAL MASTER PLAN FOR A WAREHOUSE. UH, THIS IS BEFORE YOU BECAUSE PROFFERS ASSOCIATED WITH WEST CREEK BUSINESS PARKS SPECIFICALLY REQUIRE PLANNING, COMMISSION REVIEW, AND APPROVAL OF CONCEPTUAL MASTER PLANS WITHIN THE PARK. UH, CONSIDERATION OF THIS APPLICATION AS STATED BY MS. PARKER, THIS IS AN ACTION ITEM ON THE AGENDA AND IS NOT A PUBLIC HEARING. THE CURRENT ZONING, AGAIN, IS M1 IN WHICH WAREHOUSE USE IS PERMITTED BY WRIGHT WITHIN THE DISTRICT. OTHER PROFFERS ASSOCIATED SPECIFICALLY WITH THE WEST CREEK BUSINESS PARK INCLUDE, UH, DEVELOPMENT STANDARDS FOR THE SITE TO INCLUDE SPECIFIC LANDSCAPING ROAD DEDICATIONS AT LEAST, UH, 30% OPEN SPACE ON THE PROPERTIES BUFFERS, UH, AGAINST ROADWAYS. SPECIFIC SETBACKS FOR BUILDING AND PARKING AREAS REQUIRES UNDERGROUND UTILITIES AS WELL AS, UH, FOR BEST MANAGEMENT PRACTICES ASSOCIATED WITH STORM WATER TO SERVE AS AMENITIES WITHIN THE SITE. ON THE SLIDE, YOU CAN SEE THE PROPOSED CONCEPTUAL PLAN ON THE RIGHT. UM, I WILL SHOW THIS IN A LARGER FORMAT ON THE NEXT SCREEN, BUT I'LL GO OVER THE DETAILS HERE. THE PLAN DEMONSTRATES A SINGLE WAREHOUSE BUILDING SITUATED NEAR THE CENTER OF THE SITE WITH THE MAIN ENTRANCE ON WEST CREEK PARKWAY. AN EMERGENCY ACCESS POINT IS ALSO PROVIDED, WHICH PROVIDES FULL CIRCULATION AROUND THE BUILDING. AT THE FRONT OF THE BUILDING ARE SPACES FOR STAFF AND VISITORS. WHILE THE LOADING DOCKS AND TRAILER STALL AREAS ARE AT THE BACK OF THE BUILDING, THERE ARE TWO STORMWATER BASINS AS IDENTIFIED AS WELL AS RETAINED VE VEGETATION AROUND THE PERIMETER OF THE PARCEL. SO HERE, I'LL JUST TAKE A MOMENT WITH IT LARGER ON THE SCREEN AND PRINT OUT. UH, TO POINT OUT SPECIFICALLY THE PROPOSED BUILDING, THE PARKING AREAS HERE, STORMWATER BASIN ONE AND TWO, THERE IS A MAIN ENTRANCE POINT, LET ME TRY THIS SIDE. A MAIN ENTRANCE ON WEST CREEK HERE AND THEN THE EMERGENCY ENTRANCE IS LOCATED HERE. THE CONCEPTUAL PLAN IS INTENDED TO BE GENERAL IN NATURE SPECIFICALLY, AND THEN FOLLOWED BY A DETAILED PLAN OF DEVELOPMENT APPROVAL SHOULD ANY ISSUES ARISE. THE POD WHERE THE SITE PLANS ARE NOT IN CONFORMANCE WITH THE CONCEPTUAL PLAN, THE APPLICANT WOULD THEN NEED TO REVISE THEIR CMP APPLICATION AND THEY WOULD HAVE TO RETURN TO THE PLANNING COMMISSION FOR REVISED APPROVAL OF THE CONCEPT PLAN. SO IT SHOULD BE NOTED THAT, UH, PLAN DEVELOPMENT IS CURRENTLY UNDER REVIEW WITH STAFF. UNDER THOSE REVIEW PROCEDURES, STAFF IS ABLE TO COMMENT ON SPECIFIC MEASUREMENTS AND ENGINEERING OF THE SITE. THE POD UNDER REVIEW DOES ALSO INCLUDE OFFSITE IMPROVEMENTS OF BOTH RIGHT AND LEFT TURN LANES ONTO THE MAIN ENTRANCE OF WEST CREEK PARKWAY. [00:15:03] AND THE CONCEPT PLAN IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. OKAY, MR. CHAIRMAN, THIS CONCLUDES THE STAFF PRESENTATION. UH, THE APPLICANT I BELIEVE IS HERE AND CAN ANSWER QUESTIONS IF NEEDED, BUT I HAVEN'T SEEN THAT. OKAY, SO YOU GO AHEAD. NO, I DON'T HAVE ANY QUESTIONS FOR YOU. DO YOU HAVE QUESTIONS FOR ME? JUST ONE, ONE QUESTION ON THE, IN, ON THE PLAN. UM, ON THE FAR, I GUESS ON THE FAR LEFT SIDE, THERE'S A, UM, THERE'S LIKE A ROAD CUT IN THERE. WHAT IS THAT? IS THAT AN EMERGENCY, UM, AS WELL, OR IS THAT FOR SHIPPING? I BELIEVE THAT THAT'S TO PROVIDE CIRCULATION FOR THE EMERGENCY ACCESS MM-HMM . SO THERE'S A, A TURNAROUND AREA AT THE BULB. OKAY. ALL THEY CUT THROUGH THE TREES THERE. UH, IT, IT'S NOT A, IT DOESN'T LOOK LIKE IT'S PAVED IN THIS, THIS IS, UH, AN AN EASEMENT, I BELIEVE. OKAY. BUT NOT THE EMERGENCY ACCESS MM-HMM . WHICH IS LOCATED DOWN HERE. ALRIGHT. THANK YOU. YOU'RE WELCOME. AND DOES THIS, THIS DOES NOT MEET THE SEPARATION, UM, BETWEEN ENTRANCES. IS, IS THAT THE CONCERN? THAT IS, THAT IS TRUE. UM, IN REVIEW OF THE PO DS AND WHEN WE HAD THE CALCULATIONS TO LOOK AT, IT WAS REVEALED THAT THEY DIDN'T MEET THE REMOTENESS RIGHT REQUIREMENT FOR THE FIRE DEPARTMENT, BUT THEY, THE APPLICANT DID RECEIVE A WAIVER FOR THAT. OKAY. THAT WAS RECEIVED ON JULY 7TH. ALL RIGHT. GOOD. ALRIGHT. THANK YOU. THANK YOU. WOULD THE APPLICANT LIKE TO SPEAK, UH, ON BEHALF OF THIS PARTICULAR, UM, PROJECT? YOUR SLUDGE SHOULD BE AT THE END OF YOUR THANK YOU. UH, GOOD EVENING. UH, MR. CHAIRMAN. GOOD EVENING. MEMBERS OF THE COMMISSION. MY NAME'S MALACHI MILLS. I'M WITH ARC K AND K ENGINEERING. I REPRESENT THE OWNER, UM, RANDY WEE OPERATING PARTNERS, UH, UNDER THE LIMITED, UH, POWER OF ATTORNEY, BUT ALSO SUMMIT WHO'S PROPOSING TO DO THE DEVELOPMENT. AND CARRIE STAFF'S DONE A GREAT JOB PRESENTING THE CASE. SO UNLESS THERE ARE SPECIFIC QUESTIONS, I'M, YEAH, I DON'T HAVE MUCH ELSE TO SAY. I WILL SAY THAT I, I THINK, UH, MR. CRIMINAL YOU COMMENTED OR MR. SCOTT ABOUT THAT ONE LEG COMING IN THAT, THAT, THAT IS A WATERLINE EASEMENT. THERE'S WATERLINE STUB THAT COMES ACROSS FROM PREVIOUSLY FROM, UH, UH, YOU KNOW, THE WEST CREEK DEVELOPMENT MM-HMM . SO WE ARE SHOWING THAT BEING CLEARED. UM, IT WOULD'VE, TO STAY CLEAR, IT IS GONNA BE A 12 INCH WATER MAIN COMING IN. AND WE DID, WE WORKED OUT EARLIER WITH THE, UH, UH, CODE MODIFICATION REQUEST BECAUSE WE'RE, WE ARE JAMMED UP BECAUSE OF THE LIMITED ACCESS OF BDOT, THE ON RAMP OF 2 88 AND ALL OF 2 88 THAT WRAPS AROUND THREE QUARTERS OF THE PROPERTY. WE WEREN'T ABLE TO MEET THAT SEPARATION FOR THE, UH, FIRE ACCESS. BUT IT IS, YOU KNOW, IT'S GATED TO EMERGENCY ONLY, SO MM-HMM . HOPEFULLY NEVER TO BE USED, BUT IT IS SOMETHING WE WORK THROUGH AND, AND, AND, AND OF COORDINATE ALL THAT WITH VDOT. SO. OKAY. SO IF THERE AREN'T ANY OTHER SPECIFIC QUESTIONS, UM, I'LL LET EVERYBODY GET ON WITH THE REST OF THE BUSINESS. ALL RIGHT. I'M FINE. THANK YOU. THANK YOU. YES, SIR. THANK YOU. I'M FINE. DO I HAVE A MOTION I MOVE THAT THE COMMISSION APPROVE THE CONCEPTUAL MASTER PLAN FOR SUMMIT REAL ESTATE GROUP TO DEVELOP A WAREHOUSE IN WEST CREEK BUSINESS PARK. I SECOND THAT. IT'S BEEN PROPERLY MOVED. AND SECOND, UM, CAN WE HAVE A, DO WE NEED A ROLL CALL VOTE? SURE. UH, MR. COSBY AYE. MR. PATEK AYE. MR. KIMBERLY AYE. THE MOTION TO APPROVE PASSES ON A 3.0 VOTE AND WE DON'T HAVE ANY REQUEST TO DEFER THIS EVENING. NO ADDITIONS, DELETIONS, [9. Requests to Defer, Additions, Deletions, or Changes to the Order of Public Hearings] OR CHANGES TO THE ORDER OF THE PUBLIC HEARINGS? OUR FIRST PUBLIC HEARING TONIGHT IS IN DISTRICT THREE, RZ 20 25 2 [10. Public Hearing Items] APPLICATION BY SERENITY [1. District 3 - RZ-2025-00002 Application by Serenity Trail LLC (Project: Serenity Trail) requesting to rezone 109.22 acres from Agricultural, Limited (A-2) to Residential, Preservation (R-P) with proffered conditions, at 2453 Maidens Road on Tax Map No. 31-1-0-83-0. The Comprehensive Plan designates this area as Rural Enhancement Area] TRAIL LLC PROJECT, SERENITY TRAIL REQUESTING TO REZONE 109 POINT 22 ACRES FROM AGRICULTURAL LIMITED A TWO TO RESIDENTIAL PRESERVATION RP WITH PROFFERED CONDITIONS AT 24 53 MAIDENS ROAD ON TAX MAP NUMBER 31 1 0 83. THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT AREA. I WOULD LIKE TO ADD ON BEHALF OF COMMISSIONER MCLAUGHLIN, WHO IS ABSENT THIS EVENING, I WOULD LIKE TO READ THE FOLLOWING INTO THE RECORD OF THIS PLANNING COMMISSION MEETING. COMMISSIONER JESS MCLAUGHLIN, DISTRICT THREE HAS A PERSONAL INTEREST IN REZONING 20 25 2 SERENITY TRAIL AND HEREBY DISQUALIFIES HIMSELF FROM PARTICIPATING IN THE PUBLIC HEARING OR ANY CONSIDERATION OF THIS PROJECT AS REQUIRED BY VIRGINIA CODE SECTION 2.23112 A AND OR 2.2 3 115 F. MR. MCLAUGHLIN IS A REAL ESTATE BROKER WITH LONG AND FOSTER REAL ESTATE AND REPRESENTS [00:20:01] A CLIENT WHO IS INTERESTED IN PURCHASING 24 53 MAIDENS ROAD GLAND, VIRGINIA, THE SUBJECT PARCEL OF THE ABOVE REFERENCED REZONING APPLICATION HE HAS SIGNED. THANK YOU MS. WALKER. OH, SORRY. THANK YOU. HE HAS SIGNED AN AFFIDAVIT ATTESTING TO HIS PERSONAL INTEREST, WHICH WILL REMAIN ON FILE WITH THE PLANNING COMMISSION RECORD FOR A PERIOD OF FIVE YEARS. THANK YOU. THANK YOU. THANK YOU MS. PARKER. MR. CHAIRMAN, I'LL STATE FOR THE RECORD AGAIN, MY NAME IS CARRIE RAGLIN. I'M THE PLANNING MANAGER FOR THE COUNTY AND WILL BE PROVIDING THE STAFF PRESENTATION FOR THIS APPLICATION. I'LL STATE QUICKLY ONE MORE TIME. THE REQUEST IS WITHIN DISTRICT THREE IS AN APPLICATION FOR REZONING FROM THE A TWO DISTRICT TO THE, THE RP DISTRICT WITH PROFFERED CONDITIONS. ON YOUR SCREEN TO THE LEFT IS THE VICINITY MAP WITH THE SUBJECT AREA OUTLINED IN RED. THE AERIAL AERIAL PHOTO ON THE RIGHT INDICATES THE SUBJECT PROPERTY ALSO OUTLINED IN RED FOR A BETTER REFERENCE, THAT PARCELS LOCATED JUST EAST OF MAIDENS ROAD AND SOUTH OF THE INTERSECTION WITH POOR HOUSE ROAD. SO I'LL WORK TO DEMONSTRATE HERE. THIS IS MAIDEN'S ROAD GOING NORTH TO SOUTH ALONG THE SCREEN. POOR HOUSE ROAD IS LOCATED HERE AT THE INTERSECTION AT THE RED DOT AND THE SUBJECT PROPERTIES IN RED. UH, THERE IS ALSO A SMALL PARCEL, WHICH IS NOT PART OF THIS APPLICATION AT THE CENTER OF THE SUBJECT PARCEL. UH, THIS IS CURRENTLY USED AS A CEMETERY, BUT AGAIN, IS NOT PART OF THE APPLICATION. THE ZONING MAP ON THE LEFT DEMONSTRATES THE SUBJECT PROPERTY AND MOST ADJACENT PROPERTIES AS THE A TWO DISTRICT. THE COMPREHENSIVE PLAN MAP ON THE RIGHT DEMONSTRATES THE SUBJECT PROPERTY AND ADJACENT PROPERTIES AS ROLE ENHANCEMENT. THE SMALL CEMETERY PARCEL IDENTIFIED AT THE, AT THE CENTER OF THE SUBJECT PROPERTY IS SEMI-PUBLIC, AND THAT'S DUE TO ITS USE AS A CEMETERY. THE PROPERTY CURRENTLY OPERATES AS A RESIDENCE KNOWN AS SERENITY FARM, AND INCLUDES A HOUSE AS LONG AS LONG WITH A A POOL GARAGE AND ACCESSORY BUILDINGS WITHIN THE BOUNDARIES OF THE PROPERTY IS AN APPROXIMATELY TWO ACRE POND. AND THE SEPARATE CEMETERY PARCEL DISCUSSED BEFORE A STAFFED, UH, CALCULATED APPROXIMATELY 40 ACRES OF THE PROPERTY IS OPEN FIELD AND HAS BEEN HISTORICALLY HARVESTED FOR HAY. THE REMAINING ACREAGE IS FORESTED ALONG WITH WETLANDS AND STEEP SLOPES. THE VIEW SHED FROM MAIDEN'S ROAD IS GENERALLY OPEN FIELD ON EITHER SIDE OF THE EXISTING DRIVEWAY, AND THE PHOTO ON THE RIGHT IS TAKEN FROM THE EDGE OF MAIDEN'S ROAD, UH, RIGHT OF WAY VIEWING EAST ACROSS THE PARCEL FRONTAGE. THE APPLICANT IS REQUESTING TO REZONE APPROXIMATELY 109 ACRES FROM AGRICULTURAL LIMITED TO RESIDENTIAL PRESERVATION WITH CRAWFORD CONDITIONS IN ORDER TO CREATE 24 SINGLE FAMILY DWELLINGS ON BOTH PRIVATE WELL AND PRIVATE SEPTIC SYSTEMS. THE EXISTING RESIDENTS WILL OCCUPY ONE OF THE 24 LOTS, WHICH WILL CREATE 23 NEW RESIDENTIAL LOTS. THE PROPOSAL INCLUDES 50% OF THE TOTAL ACREAGE OF THE PARCEL AS A PRESERVATION TRACT, UH, WITH RESIDENTIAL LOTS, AT LEAST TWO ACRES IN SIZE. THERE ARE 12 VOLUNTARY CONDITIONS WHICH HAVE BEEN PROFFERED. THESE INCLUDE A 10 FOOT RIGHT OF WAY DEDICATION ALONG MAIDEN'S ROAD, AS WELL AS A REQUEST TO WAIVE THE LEFT TURN LANE. NOTE THAT THIS IS A CHANGE FROM THE STAFF REPORT. STAFF REPORT, WHICH STATED THAT THE APPLICANT WAS REQUESTING WAIVERS FROM BOTH THE LEFT AND RIGHT TURN LANES. THEY HAVE UPDATED THEIR PROFFERS TO REMOVE THE RIGHT TURN LANE WAIVER REQUEST. UH, ONE OUTBUILDING USED AS THE CURRENT OWNER OWNER'S YOGA STUDIO WILL REMAIN WITH THE OPEN SPACE LOT AS A CLUBHOUSE AMENITY FOR THE NEW DEVELOPMENT. THE REMAINING ACREAGE OUTSIDE OF THE RESIDENTIAL LOTS AND THE RIGHT OF WAY WOULD BE MAINTAINED AS PRESERVATION AREAS AND OPEN SPACE AMENITIES. THIS IS AN EXCERPT FROM THE CRAWFORD REZONING PLAN SHEET FOUR, WHICH IS TITLED CONCEPTUAL REZONING PLAN. UH, THE PLAN DEMONSTRATES A SINGLE ENTRANCE ALONG MAIDEN'S ROAD, WHICH EXTENDS INTO THREE CUL-DE-SACS. THIS IS THE ENTRANCE HERE, 1 2 3 CUL-DE-SACS. THERE'S A 200 FOOT BUFFER AT THE FRONTAGE OF THE PROPERTY. THERE ARE 24 RESIDENTIAL LOTS DEMONSTRATED WITH THE EXISTING LOT AND EXISTING HOUSE AS LOT NINE. YOU CAN SEE HERE WITH THE BUILDING FOOTPRINT. THE TWO ACRE POND IS LOCATED AT THE NORTH END OF THE PARCEL. THE ACCESS ROAD, UH, WILL BE IMPROVED TO ALLOW FOR A FIRETRUCK ACCESS. UM, AND THE, UH, PROPOSED, UH, DRY FI DRY HYDRANT, THE REMAINDER OF THE PARCEL DEMONSTRATED IN GREEN [00:25:01] WILL BE PRESERVED AS THE REQUIRED PRESERVATION TRACT. THIS SLIDE IS SOME INFORMATION ABOUT THE RP ZONING DISTRICT REQUIREMENTS. UH, THIS LANGUAGE IS PULLED DIRECTLY FROM THE ZONING CODE. THE DISTRICT REQUIRES 50% OPEN SPACE MINIMUM LOT SIZES OF TWO ACRES. IT'S INTENDED TO PRESERVE RURAL VIEW SHEDS, VIEW SHEDS FROM PUBLIC ROADWAYS, AND TO RETAIN OPEN SPACE AND NATURAL AREAS AND CLUSTER STYLE RESIDENTIAL DEVELOPMENTS. THE CODE REQUIRES AN HOA TO BE FORMED FOR THE LONG-TERM MANAGEMENT OF THE PRESERVATION TRACT. AND A MANAGEMENT PLAN IS REQUIRED PRIOR TO THE PLAN OF DEVELOPMENT APPROVAL, WHICH SPECIFIES HOW THE PRESERVATION TRACT WILL BE MANAGED, AND THIS WILL BE APPROVED BY STAFF AT THE PLAN OF DEVELOPMENT STAGE. AS NOTED PRIOR, THE SUBJECT PROPERTY AND ALL ADJACENT PROPERTIES ARE DESIGNATED AS RURAL ENHANCEMENT AREA. THE SECOND AND THIRD BULLET POINTS IS LANGUAGE PULLED FROM THE PRES FROM THE COMPREHENSIVE PLAN. THE RURAL ENHANCEMENT AREA PROVIDES FOR LOW DENSITY RESIDENTIAL AGRICULTURAL FOREST, AND OTHER USES WHICH ARE NOT PLANNED FOR PUBLIC OR, OR CENTRAL UTILITIES. RESIDENTIAL USES SHOULD INCLUDE A SIGNIFICANT AMOUNT OF OPEN SPACE, LIMIT THE AMOUNT OF GRADING AND NATIVE PLANT REMOVAL, AND CREATE MINIMAL VIS VISUAL AND OTHER IMPACTS. STAFF CONCURS THE PROPOSAL IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. MAIDEN'S ROAD IS IDENTIFIED AS A MAJOR COLLECTOR IN THE COUNTY'S MAJOR THOROUGHFARE. PLAN. COUNTY CODE REQUIRES DEVELOPMENTS OF FIVE LOTS OR MORE ON MAJOR COLLECTORS TO PROVIDE A RIGHT TURN LANE. ALSO, DEVELOPMENTS OF 10 LOTS OR MORE ON MAJOR COLLECTORS MUST ALSO PROVIDE A LEFT TURN LANE. THE APPLICANT HAS REQUESTED A WAIVER FROM THE BOARD OF SUPERVISORS WITH THIS APPLICATION FOR RELIEF FROM THE LEFT TURN LANE REQUIREMENT. AGAIN, THIS IS A CHANGE FROM THE STAFF REPORT WHICH REQUESTED BOTH LEFT AND RIGHT. THE APPLICANT PROVIDED A TURN LANE ANALYSIS, WHICH CONCLUDED THAT NO OFFSITE ROADWAY IMPROVEMENTS WERE RECOMMENDED AND THEREFORE NO TURN LANES WERE WARRANTED. VDOT DID CONCUR WITH THE FINDINGS OF THE TURN LANE ANALYSIS. HOWEVER, THERE ARE STILL COUNTY REQUIREMENTS FOR TURN LANES FOR SOME PERSPECTIVE. THE IMAGE ON THE LEFT OF YOUR SCREEN IS TAKEN FROM THE APPROXIMATE PROPOSED ENTRANCE TO THE DEVELOPMENT VIEWING NORTH ON MAIDEN'S ROAD. THE IMAGE ON THE RIGHT OF YOUR SCREEN IS TAKEN FROM THE APPROXIMATE PROPOSED ENTRANCE TO THE DEVELOPMENT VIEWING SOUTH ON MAIDEN'S ROAD. COMMUNITY MEETING WAS HELD ON APRIL 14TH. THERE WERE 44 CITIZENS ALONG WITH BOARD OF SUPERVISORS, CHAIRMAN WINFREY AND PLANNING COMMISSIONER MISSION MEMBER LEY WERE IN ATTENDANCE. CITIZEN COMMENTS RELATED TO THE FOLLOWING TOPICS, MOST OF THE CONVERSATION WAS REGARDING TRAFFIC CONCERNS IN THE GENERAL AREA AND SPECIFICALLY ALONG MAINS ROAD NEAR THE ENTRANCE OF THE PROPOSED SUBDIVISION WHERE THERE'S BEEN FLOODING AND SNOW ACCUMULATION. UH, THERE WAS CONVERSATION REGARDING POTENTIAL STORM WATER RUNOFF IMPACTS. THERE WAS CONCERN ABOUT LOCAL WATER AVAILABILITY, NOTING THAT NEARBY WELLS HAVE GONE DRY IN THE PAST. THERE WAS QUESTIONS REGARDING THE PRESERVATION OF THE OPEN SPACE AREAS OVER TIME, AS WELL AS GENERAL CONCERNS THAT THE RURAL NATURE OF THE COUNTY WAS BEING DIMINISHED. THE REZONING PLAN OF FIVE SHEETS HAVE BEEN PROFFERED, WHICH INCLUDES GENERAL CONFORMANCE OF THE CONCEPTUAL PLAN, WHICH IS DEMONSTRATED ON THE RIGHT. THE DEVELOPER WILL BE REQUIRED TO INSTALL A DRY HYDRANT, THE POND FOR FIRE PROTECTION. THE EXISTING RESIDENCE WILL REMAIN AS A RESIDENTIAL LOT. SO THE PROPOSAL IS REALLY 23 ADDITIONAL RESIDENTIAL LOTS. AN HOA WILL BE ESTABLISHED TO MAINTAIN THE PRESERVATION TRACTS. A WAIVER FROM THE LEFT TURN LANE REQUIREMENT IS PROPOSED. THERE ARE STILL OUTSTANDING CONCERNS REGARDING THE CONDITION OF MAIDEN'S ROAD. THE PROPOSAL IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. ON THE FOLLOWING SLIDES, I WILL SUMMARIZE THE PROFFERED CONDITIONS. I DO HAVE THEM ALL AVAILABLE ON A SCREEN. IF THERE'S ANY QUESTIONS REGARDING THE SPECIFIC LANGUAGE, I CAN PULL THAT UP FOR, UH, THE PLANNING COMMISSION. SO BEAR WITH ME AS WE WALK THROUGH THESE. AGAIN, THESE ARE SUMMARIZED. UH, THE FIRST PROFFER IS, UH, GENERAL CONFORMANCE WITH A CONCEPTUAL PLAN. THE SECOND PROFFER IS SELECT LAND CLEARING FOR LIMITED CLEARING AROUND THE HOUSE SITES, DRIVEWAY AND DRAIN FIELDS. THIS MEANS THAT WHEN THE PROPERTY IS INITIALLY DEVELOPED, ONLY THE AMOUNT OF LAND THAT NEEDS TO BE CLEARED FOR THE HOUSE WILL BE DONE. UM, IT DOES NOT MEAN [00:30:01] THAT THAT WOULD BE IN PERPETUITY. IT DOES ALLOW FOR A PROPERTY OWNER TO WHO MAY PURCHASE THE PROPERTY IN FIVE YEARS TO CLEAR ADDITIONAL LAND FOR A GARAGE, A POOL, OR ANY OTHER BUILDINGS THAT THEY WOULD WANT ON THE PROPERTY. THE APPLICANT WILL CREATE A HOMEOWNER'S ASSOCIATION TO OWN AND MAINTAIN THE OPEN SPACE. THE COMMUNITY BUILDINGS FIRE PROTECTION SYSTEM, UH, UM, GRA GRAVEL ACCESS TO THE POND, OTHER DRAINED STRUCTURES, THE PRESERVATION PLAN FOR FORESTED AND UNCLEARED OPEN SPACE. UH, THE OPEN SPACE WILL BE MAINTAINED IN A PASSIVE MANNER TO PROMOTE WILDLIFE AND PLANT HABITAT AND WILL NOT INCLUDE THE ADDITION OF TRAILS OR STRUCTURES THAT WOULD INTERFERE WITH THE NATURAL SETTING PRESERVATION PLAN FOR COMMON AREAS. THIS IS GENERALLY TO MAINTAIN THE OPEN AND COMMUNITY SPACES THAT HAVE BEEN CLEARED. UH, THERE'S NO MORE THAN 24 SINGLE FAMILY RESIDENTIAL LOTS PROFFERED. THERE'S 10 FEET OF ADDITIONAL RIGHT OF WAY DEDICATION ALONG MAIDEN'S ROAD. THE ROADS WITHIN THE, WITHIN THE DEVELOPMENT WILL BE BUILT TO VDOT PUBLIC ROAD STANDARDS AND WILL BE OFFERED FOR ACCEPTANCE INTO THE PUBLIC ROAD SYSTEM. PROFFER NINE REQUESTS A WAIVER OF THE CODE SECTION 15 3 5 3 B TWO FOR LEFT TURN LANES AT THE PROPOSED ENTRANCE. AGAIN, THIS IS A CHANGE FROM THE STAFF REPORT. THERE'S A PROFFER TO PRESERVE THE CEMETERY AND PROVIDE ACCESS AT THE PLAN OF DEVELOPMENT. THEY'RE ALSO PROVIDING CASH PROFFERS FOR THE 23 NEW LOTS IN RESPONSE TO COMMUNITY FEEDBACK FROM THE COMMUNITY MEETING THEIR PROFFERING DEEP WELLS AT LEAST 100 FEET DEEP. MR. CHAIRMAN, THIS CONCLUDES THE STAFF PRESENTATION. THE APPLICANT IS HERE AND CAN ANSWER QUESTIONS IF NEEDED. DO YOU HAVE ANY QUESTIONS FOR ME, GENTLEMEN? NO. NO. NO. THANK YOU. THANK YOU. WANNA FORWARD, WOULD THE APPLICANT THE APPLICANT PLEASE COME FORWARD? THIS IS STRAIGHT FORWARD, FRONT BACK POINTERS AT THE TOP FORWARD BACK? YES. OKAY. GOOD EVENING. UH, MY NAME IS SCOTT COURTNEY. I AM WITH ARM GROUP. I AM THE CIVIL ENGINEER AND THE DESIGNER OF THE PROJECT. AND WITH ME TONIGHT, UH, IS MR. DAVID JEANETTE, WHO IS THE, UH, PROJECT, UH, DEVELOPER. I ALSO HAVE MR. CARL, UH, HOL WITH ME, WHO IS A TRAFFIC CONSULTANT, UH, WHO WILL ALSO, UH, LIKE TO SPEAK FOR JUST A COUPLE OF SLIDES AS WELL. UH, ONE OF THE THINGS I'D LIKE TO, UH, POINT OUT AS WE GET STARTED IS THE FACT THAT AS, UH, MS. RAGLANS PREVIOUSLY STATED, THIS MEETS THE COMPREHENSIVE PLAN. AND, AND I WANT TO MAKE SURE THAT WE UNDERSTAND THAT THIS IS A VERY UNIQUE PROPERTY. UH, IT IS A VERY BEAUTIFUL PIECE. UH, IF YOU HAVE BEEN OUT THERE OR KNOW IT. UH, YOU WILL ALSO RECOGNIZE THAT, THAT ONE OF THE SLIDES THAT, UH, MR. LAN, UH, SHOWED WAS THE VERY FRONT, UH, WHERE THE 200 FOOT BUFFER IS. THAT'S REALLY ABOUT ALMOST 300 FOOT OF PROPERTY. AND ON THE OTHER SIDE, ACTUALLY, THAT PROPERTY DROPS OFF NOW, NOT SIGNIFICANTLY, BUT IT'S ENOUGH THAT AS YOU'RE DRIVING THROUGH, YOU'RE NOT GONNA ACTUALLY SEE THE HOMES THAT ARE BACK THERE. UH, SO THAT ACTUALLY AS A NATURAL, UH, UM, UH, LAND FORM ACTUALLY MAINTAINS THE VERY RURAL CHARACTER OF THE, UH, AREA. AND SO I WANNA MAKE SURE THAT WE ALSO APPRECIATE THAT BECAUSE THERE'S VERY, VERY LITTLE GRADING REQUIRED FOR THIS PARTICULAR PROJECT. UM, ONE OF THE THINGS THAT I'D LIKE FOR US TO, TO KIND OF REITERATE REAL QUICK ARE THE COMMUNITY, UH, MEETING TOPICS. AND, UH, THERE WERE, UH, FOUR OF THEM THAT, UH, I'D LIKE FOR US TO ADDRESS. I'M GOING, THEY SEEM ALMOST TO BE A LITTLE BIT BACKWARDS FROM OUR PROFFERS, BUT I DO WANT US TO ADDRESS, UH, THE SHALLOW, WELL, ESPECIALLY THAT, UM, AND I CAN APPRECIATE, UH, THE, UH, ADJACENT PROPERTY OWNERS OR SOME OF THE NEARBY PROPERTY OWNERS HAVING SHALLOW WELLS. UH, THERE ARE SOME HERE TONIGHT ACTUALLY WHO HAVE STATED THAT THEY HAVE SHALLOW WELLS AND THEY'RE CONCERNED AND WE, WE DON'T BLAME 'EM. OKAY? WHICH IS WHY WE, UH, WANT TO GO AHEAD AND GO INTO FRACTURED ROCK. THAT'S AN ENTIRELY DIFFERENT AQUIFER. OKAY? AND THERE'S A CLAY, CLAY LENS, A CLAY LAYER BETWEEN THE SHALLOW WELL AREA AND THE FRACTURED ROCK. AGAIN, THAT'S, I WANNA MAKE SURE THAT WE UNDERSTAND [00:35:01] FRACTURED ROCK. UH, THESE ARE THE TYPE OF AQUIFERS THAT, UH, THE CITY OF VIRGINIA BEACH ACTUALLY GETS THEIR WATER FROM. UM, AND SO THERE IS A, A GREAT MAGNITUDE, A GREAT VOLUME OF WATER AVAILABLE. SO AS WE'RE GOING DOWN MORE THAN A HUNDRED FEET, ALRIGHT, WE HAVEN'T, WE HAVEN'T SAID WE'RE STOPPING AT A HUNDRED, WE'RE SAYING MORE THAN A HUNDRED FEET. WE, WE RECOGNIZE IT COULD BE A HUNDRED FIFTY, TWO HUNDRED, TWO FIFTY, OKAY? WE'RE NOT PUTTING A LIMIT ON IT. UH, BUT WE WANT TO GET DOWN INTO THAT, UH, TO, TO STAY AWAY AND, AND PROTECT THE SHALLOW AQUIFERS. OKAY? UH, AS FAR AS OPEN SPACE, WE KIND OF TALKED A LITTLE BIT ABOUT THAT. UH, BUT, UH, CERTAINLY PROFFER NUMBER THREE DOES, UH, REQUIRE A, AN HOA TO, TO MAINTAIN THE PROPERTY, UH, THAT IS THERE. AND ACTUALLY, PROFFER FIVE ALSO ALLOWS FOR NATURAL REFORESTATION OF SOME OF THE OPEN AREAS. SOME OF THE FIELDS IF, UH, THE HOA AND THE RESIDENTS DESIRE TO HAVE, UH, SOME REFORESTATION TAKE PLACE IN A NATURAL, UH, WAY. UH, PROFFER TWO. UH, AND, AND AS MS. RAGLAN ALSO STATED, ALSO LIMITS THE AMOUNT OF CLEARING THAT'S, UH, ALLOWED, UH, DURING THE DEVELOPMENT OF THE HOMES. UM, IF YOU'RE OUT THERE, ACTUALLY, UH, YOU'LL, YOU'LL RECOGNIZE THAT WHEN IT GETS TO THE WOODS, OKAY, THE PROPERTY DROPS OFF. FARMERS AREN'T, AREN'T, UH, UNWISE OR STUPID. I MEAN, IF PROPERTY ISN'T CLEAR, IF THE PROPERTY ISN'T CLEARED, THERE'S, THERE'S A REASON. USUALLY IT'S BECAUSE IT'S EITHER WETLANDS OR IT'S STEEP TERRAIN. UH, AND SO THAT'S NOT EXACTLY THE BEST PLACE TO PUT A HOUSE ANYWAY. SO YOU'LL FIND THAT WE'LL DO VERY LIMITED CLEARING FOR THE HOUSE, UH, CONSTRUCTION. UM, AS FAR AS STORMWATER RUNOFF, UM, WE'RE, YOU KNOW, SORT OF ALONG THE RIDGE WITH THE, WITH THE, OUR ROAD. AND SO AGAIN, WE'RE GONNA LEAVE A LOT OF THE TREES THAT WILL CREATE THE NATURAL DRAINAGE OF, OF SHEET FLOW. EVEN THOUGH WE'RE GONNA HAVE LIMITED HOMES, LIMITED ROADS, UM, IT'S, IT'S NOT GONNA HAVE THE IMPACT, UH, THAT, UM, REALLY SHOULD BE OF GREAT CONCERN BY OUR ADJACENT NEIGHBORS. OKAY? UH, AND THEN ON ONE SIDE, A LOT OF THE WATER'S GO, GONNA GO RIGHT INTO A CREEK IN A, IN OUR POND. SO WE HAVE ALMOST A NATURAL STORMWATER MANAGEMENT BASIN, UH, AT LEAST ON, UH, ONE SIDE. UM, SO I, I THINK THAT'S A, A GREAT BENEFIT AS WELL. UH, TO THE PROPERTY ITSELF. IT'S A NATURAL STORMWATER, UH, RETENTION, UH, AS FAR AS, UH, TRAFFIC, AND I KNOW THAT'S GONNA BE A, A BIG TOPIC TONIGHT, AND CERTAINLY, UM, I UNDERSTAND. I, I'VE DRIVEN THE ROAD. IT'S 40 MILES AN HOUR. UM, AND MATTER OF FACT, EVEN WHEN I WAS LEAVING, UH, THE OTHER DAY, I HAD A CAR PULL OUT IN FRONT OF ME AND I COULD HAVE HIT HIM. FORTUNATELY, I WAS DOING 40 MILES AN HOUR AROUND THE CURVE AND, AND WAS ABLE TO AT LEAST SLOW DOWN IN TIME, UH, TO, TO PREVENT THAT. SO AGAIN, UH, CARL, MR. UH, HURAN IS GONNA BE UP IN JUST A, A SECOND TO, UH, TALK MORE ABOUT TRAFFIC AND, AND ACCIDENTS AND THINGS OF THAT NATURE. BUT LET'S, LET'S LOOK AT, UH, THE AMOUNT OF TRAFFIC THAT VDOT HAS COUNTED ON THAT ROAD. THAT'S ONE CAR EVERY THREE MINUTES. WELL, ACTUALLY, I HAPPEN TO BE OUT THERE TODAY AND IT'S SEEMS LIKE THAT'S A LONG THREE MINUTES . I WAS WAITING FOR CARS TO COME THROUGH TO TAKE PICTURES OF THEM. UM, AND SO, UM, YES, THERE'S STILL TRAFFIC OUT THERE. ABSOLUTELY. UM, BUT IT'S NOT, IT, IT'S NOT ASHLAND ROAD BY ANY MEANS. IT'S NOT BROAD STREET BY ANY MEANS. OKAY. UM, BUT UM, IN THIS PARTICULAR CASE THOUGH, WE THINK THAT A RIGHT TURN LANE IS CERTAINLY, UH, WARRANTED. OUR CONCERN IS THE LEFT TURN LANE CAUSING THAT, UH, CREATING A LEFT TURN LANE IN THIS PARTICULAR SITUATION IS GONNA BE UNSAFE BECAUSE THE, UH, THE EXISTING CURVES THAT ARE THERE, UH, ONCE YOU PUT IN A LEFT TURN LANE AND ITS TRANSITION, OKAY, TO GET AROUND THAT LEFT TURN LANE IS GONNA CREATE, UH, CONDITIONS THAT ARE ACTUALLY NOT WITHIN VDO T'S, UM, DESIGN STANDARD, UH, ALLOWANCES. AND SO WITH THAT, WE HAVE A CONCERN THAT, UH, THAT, THAT COULD CREATE UNSAFE CONDITIONS. OKAY. I'M GONNA PAUSE HERE. I'M GONNA LET MR. HORAN, UH, COME UP, UH, MAKE A FEW COMMENTS AND THEN WE'D LIKE TO RETAIN THE REST FOR REBUTTAL, IF YOU DON'T MIND, PLEASE. GREAT. THANK YOU, SCOTT. UH, GOOD EVENING, COMMISSIONERS. UH, MY NAME'S [00:40:01] CARL HOLTRAN WITH GROVE SLATE ASSOCIATES, UH, IN RICHMOND, AND HAPPY TO BE HERE TONIGHT. UH, THIS IS MY SECOND PROJECT WITH MR. JEANETTE, AND I'VE TEAMED WITH, UH, SCOTT AND HIS FIRM MANY TIMES OVER THE YEARS. UM, SO I KNOW WE'RE A LITTLE BIT SHORT ON TIME, BUT JUST TO, UM, PROVIDE A LITTLE MORE INFORMATION ON THE TRAFFIC STUDY THAT WE DID. WE DID A TURN LANE WARRANT ANALYSIS, UH, THAT MS. RAGLAN REFERRED TO IN HER REPORT, UH, WHERE WE DID A TRAFFIC COUNT OUT AT THE INTERSECTION OF MAIDEN AND POORHOUSE MAIDENS ROAD AND POORHOUSE, AND, UH, CONFIRMED THAT THE VOLUMES ARE WELL BELOW, UM, THE TURN LANE WARRANT THRESHOLDS THAT ARE ESTABLISHED BY VDOT. UH, IN FACT, IF YOU TOOK THE, THE TRAFFIC VOLUMES THAT ARE OUT THERE TODAY AND MULTIPLIED THEM BY 10 IN BOTH DIRECTIONS, YOU STILL WOULD NOT WARRANT A TURN LANE IN EITHER DIRECTION. JUST TO GIVE YOU AN IDEA OF HOW FAR BELOW THE THRESHOLD WE ARE, YOU CAN MULTIPLY THE TRAFFIC BY 10 AND STILL NOT MEET A, MEET THE WARRANT FOR A TURN LANE. UH, BUT THE PLAN HAS BEEN UPDATED TO INCLUDE A RIGHT TURN LANE, UH, FROM MAIDENS ROAD TURNING INTO THE PROPERTY. I THINK I'VE GOT ONE MORE SLIDE. IS THIS, OH, WOULD THIS ADVANCE IT? THERE WE GO. UM, OKAY, SO I JUST TOUCHED ON THAT, . OKAY. AND THEN, UH, WE HAVE A SLIDE HERE REFERRING TO THE COLLISION HISTORY ON MAIDEN'S ROAD. 'CAUSE THERE HAVE BEEN SOME, UH, QUESTIONS OR CONCERNS ABOUT THE SAFETY OF THE ROAD. SO THERE'S, UH, AN ONLINE DATABASE THAT'S OPEN TO THE PUBLIC. UH, IT'S CALLED VIRGINIA ROADS.ORG IF YOU WANNA GO CHECK IT OUT. UH, IT'S A COLLISION DATABASE THAT'S BEEN, UH, MAINTAINED BY VDOT AND DMV. IT'S A ROLLING DATABASE THAT GOES BACK APPROXIMATELY EIGHT YEARS. SO IT, RIGHT NOW, THE ONLINE RECORDS ARE FROM 2017 TILL TODAY. AND, UH, WE LOOKED AT MAINTENANCE ROAD, UH, A ONE MILE STRETCH, BASICALLY A HALF A MILE TO THE NORTH OF THE SITE AND A HALF MILE TO THE SOUTH OF THE SITE. AND YOU CAN GO ON IT YOURSELF. YOU CAN SEE THERE'S BEEN, UH, ONLY THREE COLLISIONS ON THAT ONE MILE STRETCH OF MAIDEN'S ROAD SINCE 2017. ALL THREE OF THOSE WERE SINGLE VEHICLE ACCIDENTS. UH, I BELIEVE ALL THREE WERE RUNNING OFF THE ROAD. UH, AND ONE OF THOSE INVOLVED, UH, AVOIDING AN ANIMAL, PROBABLY A DEER THAT WAS IN THE ROAD. SO, JUST WANTED TO, I THINK I'M RUNNING OUTTA TIME. JUST WANTED TO RELAY WHAT'S, UH, WHAT WE FOUND ON THE SAFETY END OF THINGS. SO I THINK, SCOTT, I'LL TURN IT BACK TO YOU OR WE'RE GOOD. SO, UM, AVAILABLE FOR ANY QUESTIONS IF YOU HAVE ANY. AND THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU. WE'LL NOW HAVE THE, UH, PUBLIC HEARING, ANYONE WHO WISHES TO SPEAK AND COME FORWARD. YOU HAVE THREE MINUTES. WHEN THE GREEN LIGHT, UM, COMES ON, YOU THEN SPEAK. WHEN THE YELLOW LIGHT FLASHES, YOUR TIME IS DIMINISHING. AND WHEN THE RED LIGHT, UH, FLASHES, YOUR TIME IS EXTINGUISHED. AGAIN, IF YOU COME FORWARD, INDICATE YOUR NAME AND YOUR ADDRESS. MY NAME IS CAROLYN ELLIOT. I LIVE AT 2 5 1 2 POPLAR FOREST LANE IN MAIDENS. AND I WAS VERY INTERESTED TO HEAR THE PRESENTATION TONIGHT. WHAT WE ASKED THEM AT THE LAST MEETING WAS TO PROVIDE A COMPREHENSIVE WATER STUDY, WHICH THEY DID NOT DO. INSTEAD, THEY SAID THAT THEY WERE GONNA PUT IN DEEP WELLS. THAT'S NOT SATISFACTORY. THOSE OF US THAT HAVE LIVED IN THIS AREA FOR MORE THAN 30 YEARS WANT A WATER STUDY TO PROVE THAT THIS IS NOT GONNA IMPACT OUR WATER. AND ALSO THE TRAFFIC IS GOING TO BE A PROBLEM. BUT MORE IMPORTANTLY, I STARTED MY CAREER IN 1985 AT A HIGH SCHOOL ON HULL STREET IN CHESTERFIELD COUNTY. AND AT THAT TIME, IT LOOKED EXACTLY LIKE GOOCHLAND. NOW I GO BACK THERE AND I CAN'T BELIEVE IT. AND I'M SO GRATEFUL TO HAVE LIVED HERE FOR 30 YEARS AND SEEN THE EFFORTS THAT WE HAVE MADE NOT TO BECOME WESTERN CHESTERFIELD COUNTY. UH, THERE WAS A LAWSUIT MANY, MANY YEARS AGO THAT WAS FILED BY A DEVELOPER WHEN ALL THE WAY TO THE SUPREME COURT AND OUR COUNTY ATTORNEY, ANDREW MC ROBERTS, UM, FOUGHT THIS AND PRESENTED IN THE SUPREME COURT. AND THE, THE DISCUSSION WAS, HEY, YOU APPROVED ONE SUBDIVISION, SO YOU HAVE TO APPROVE ANOTHER ONE. IN OTHER WORDS, THERE'S A DOMINO EFFECT. ANDREW MC ROBERTS TOOK IT TO THE SUPREME COURT AND THE SUPREME COURT OF VIRGINIA SAID, THERE'S NO DOMINO EFFECT. YOU HAVE THE RIGHT TO APPROVE OR DISAPPROVE OF DEVELOPMENTS. AND WE ARE ASKING YOU TONIGHT TO PLEASE STOP WHAT'S GOING ON. AND PLEASE HALT THIS. THOSE OF US THAT HAVE LIVED HERE LOVE THE RURAL AREA. YOU KNOW, I DON'T EVEN CONSIDER MYSELF A NATIVE 'CAUSE SO MANY PEOPLE HAVE BEEN HERE FOR GENERATIONS AND GENERATIONS. UM, WE'RE WORRIED ABOUT THE WATER, WE'RE WORRIED ABOUT THE ROADS, AND WE'RE WORRIED ABOUT, UH, THE IMPACT ON SCHOOLS AND EVERYTHING ELSE. SO I'M ASKING YOU TONIGHT TO PLEASE DENY THIS PROPOSAL. THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU. ANYONE ELSE? [00:45:01] MR. CHAIRMAN, MEMBERS OF COMMISSION, MADAM COUNCIL, MADAM SECRETARY. MY NAME IS BEN SLOAN. I RESIDED 2 0 5 2 MAIDENS ROAD MAINTENANCE, VIRGINIA 2 3 1 0 2. MR. CHAIRMAN, IF I MAY, I'M NOT, UH, SOMETHING TO PUT IT IN THE RECORD AND ALSO PASS OUT. UH, I RISE IN OPPOSITION FOR, UH, THIS DEVELOPMENT AND ASK FOR AT BEST, DEFERRING OR, UH, DISAPPROVING BASED ON TWO PRINCIPLES. ONE IS THE ISSUE OF SAFETY. WHAT YOU HAVE BEFORE YOU IS THE NUMBER OF ACCIDENTS THAT HAVE OCCURRED ON MAIDENS AND FAIRGROUNDS ROAD. YOU'LL SEE A DRAMATIC INCREASE AND MAIDENS TIES WITH BROAD STREET ROAD AND 2 88, WHICH HAS A MUCH HIGHER FLOW RATE, BUT ALSO MUCH BETTER CAPABILITIES. AND YOU'LL SEE ALSO BELOW THAT OILVILLE AND I 64 IS THE SECOND OR THIRD, DEPENDING UPON HOW YOU WANT TO COUNT ON THAT. WE'RE ADDING MORE TRAFFIC TO BOTH THOSE CASES. SO WE'RE GONNA HAVE MORE TRAFFIC AT MAIDEN'S FAIRGROUND AND WE'RE GONNA HAVE MORE TRAFFIC AT OILVILLE BECAUSE THAT'S THE NATURE OF THE JUNCTIONS OF WHERE PEOPLE WOULD BE TRAVELING DOWN MAIDENS AND I, I I WILL STATE 15.22283. THE PURPOSE OF ZONING ORDINANCES DOES SAY IN PART ZONING ORDINANCES SHALL BE FOR THE GENERAL PURPOSE OF PROMOTING HEALTH, SAFETY OR GENERAL WELFARE OF THE PUBLIC. AND IT ALSO REFERENCES BACK TO 15.2 2 2 2 0 0, WHICH IS THE DETEN, UH, THE, UH, DECLARATION OF THE INTENT FOR LEGISLATION. AND IT SAYS IT ALSO IS TO IMPROVE PUBLIC HEALTH, SAFETY, AND CONVENIENCE AND WELFARE OF THE PUBLIC. I'LL SUGGEST TO YOU, AS IT STANDS RIGHT NOW, THIS IS NOT GOING TO PROMOTE THAT HEALTH AND SAFETY OF THE PUBLIC ONLY BECAUSE OF THE FACT THAT WE HAVE ROADS THAT ARE OUTDATED AND WE HAVE AN INTERSECTION THAT IS TIED FOR THE WORST INTERSECTION FOR ACCIDENTS. AND THIS INFORMATION, BY THE WAY, COMES FROM THE, UH, SHERIFF'S OFFICE AND IT'S REPORTED EVERY YEAR. AND YOU CAN SEE THE DRAMATIC INCREASE OF WHAT'S HAPPENING BECAUSE OF ALL THE NEW DEVELOPMENTS THAT ARE HERE AND THE DEVELOPMENTS THAT ARE NOT EVEN IN PLACE YET. AND I'M REFERRING TO THE NEW DEVELOPMENT THAT'S, UH, GOING TO BE AT, UH, FAIRGROUND ROAD AND ALSO RURAL HILL. AND AS MY LAST ISSUE TO KIND OF CO-JOINED WITH, UH, THE PREVIOUS SPEAKER, WE DO HAVE A WATER PROBLEM AND THERE ARE WELLS THAT ARE DRY. WE HAVE OVER A HUNDRED FOOT WELL, BUT NEIGHBORS NEXT TO US THAT HAVE DEEP WELLS AND ALSO DOWN OFF OF FAIRGROUND HAVE DEEP WELLS THAT HAVE HAD WELLS RUN DRY. I WOULD ASK THAT THE COMMISSION ASK FOR A HYDROLOGICAL STUDY TO BE PERFORMED BY THE COUNTY AND ALSO TO STOP ANY DEVELOPMENT IN THIS AREA. THANK YOU VERY MUCH. THANK YOU. ANYONE ELSE? HOW Y'ALL DOING? MY NAME'S CHRIS JONES. UH, I'M A 30 YEAR RESIDENT. I LIVE AT 2 5 9 3 WILD CREEK DRIVE, WHICH IS THE GRAVEL ROAD RIGHT BEFORE THIS, UH, FARM WHERE THE SERENITY FARM IS. UH, WHAT I COME TO YOU IS NOT WITH AN ENGINEERING DEGREE. I COME WITH YOU WITH 30 SOMETHING YEARS OF EXPERIENCE LIVING ON MAIDENS ROAD. THE CLOSEST PROBABLY ONE TO THE FARM. UM, I LIKE THE ENGINEER STUDY AT POOR HOUSE IN, UH, MAIDENS. IT'S FUNNY BECAUSE ALL THE TRAFFIC COMES BY MY HOUSE. WILD CREEK DRIVE COMING FROM MAIDEN'S, LIKE HE STATED, COMING DOWN FROM FAIRGROUNDS, POOR HOUSE, UM, HAWK TOWN WAY. SO THE STUDY THAT THEY DID, I DON'T CONSIDER IT VERY ACCURATE ON THE CAR COUNT. UH, I WILL SAY THAT, YEP, THERE MIGHT BE A TIME WHERE THERE MIGHT BE A LITTLE BIT OF TIME BEFORE YOU GET A PICTURE OF A CAR COMING. BUT YOU NEED TO BE THERE MORE THAN JUST 10 MINUTES TO GET THESE PICTURES. UM, THE ROAD, THE SHOULDERS IN FRONT OF MY HOUSE ON THE ROAD HAVE ALREADY DISSIPATED AND FALLEN INTO THE DITCH. THERE IS NO SHOULDER, THERE IS NO CORRECTION. WHEN YOU RUN OFF THE ROAD, YOU'RE GOING TO CRASH. WHEN WE CRASH, THERE WILL BE INJURIES. TRUST ME, THE, UH, WATER STUDY, THE BORDER SHED OFF. FOR THOSE OF YOU WHO ONLY SHOW UP WHEN IT'S TIME TO DO A STUDY, DO NOT KNOW ALL THE WATER THAT POOLS IN THE BOTTOM RIGHT IN FRONT OF THIS FARM IN MAIDEN'S ROAD AND FLOODS THAT REGULARLY. THE SIGNS GO UP ALL THE TIME, EVERY TIME THE STORM COMES, HIGH WATER, ROADS FLOOD. IT ACTUALLY DOES THAT IN FRONT OF MY HOUSE. THE DITCHES NEED TO BE PULLED. WHAT ARE WE GONNA DO TO FIX THE WATER RUNOFF? I KNOW THAT THEY HAVE THE WATERSHED IN THE BACK. THE WATERSHED ON THE ROAD FRONT WHERE ALL THE TRAFFIC IS, IS WHERE THE HAZARD IS. ANOTHER THING THAT I HAVEN'T HERE EVEN HEARD ANYBODY THREE TIMES IN THE LAST SIX WEEKS, I'VE LOST POWER THREE TIMES IN THE LAST SIX WEEKS. I'VE LOST POWER. THANK GOD I CAN AFFORD TO PUT A STANDBY GENERATOR IN. WHAT ARE THE UPGRADES THAT ARE GONNA BE TO GET THE POWER GRID RIGHT TO SUPPORT THIS SUBDIVISION? I KNOW THAT PROBABLY THE NEW SUBDIVISION WILL HAVE BURIED UNDERGROUND UTILITIES. GREAT, BUT WE GOTTA FEED IT TO GET IT THERE. [00:50:01] THE, UH, I AM A 37 FOOT DEEP, WELL 37 FOOT DEEP. WELL, WHEN THEY DRILL AND TAP AND MY WATER GOES AWAY, WHAT RECOURSE DO I HAVE? WHAT RECOURSE DO I HAVE? WHO DO I GO TO WHEN I NEED WATER? BECAUSE LAST TIME I CHECKED, IF YOU GO GET A WELL DRILLED, THEY'RE SIX WEEKS OUT MINIMUM. DO I HAVE TO LIVE WITHOUT WATER FOR SIX WEEKS? WHAT ARE WE GONNA DO ABOUT THAT? THE ROAD IS NOT CAPABLE. THE POWER IS NOT CAPABLE. AND I HAVE A QUESTION. DOES THIS MEET CRITERIA, THE NEEDING THE SECOND ENTRANCE INTO THIS SUBDIVISION OF THIS SIZE? I HAVEN'T HEARD ANYBODY SAY ANYTHING ABOUT THE SECOND ENGINE ENTRANCE REQUIREMENTS. DO WE KNOW THAT IT'S NOT REQUIRED? IT'S, THIS ONE IS NOT REQUIRED. WHY IS THAT? I'M SORRY. IT'S UNDER, OKAY. OKAY, THAT'S FINE. IF IT'S NOT REQUIRED. I DON'T KNOW WHAT, I DON'T KNOW WHAT THE BREAKOVER IS. THAT'S, I I APOLOGIZE. I SHOULDN'T HAVE SPOKEN. BUT, UM, THE, ACTUALLY IT'S LESS THAN 49 LOTS. WE DON'T REQUIRE SECOND ENTRANCE UNTIL 49 LOTS. SO I WATCHED THIS IN ONE OF THE GOVERNMENT THINGS. GOTTA GET MY TIME BACK. UM, , . SO A COUPLE OF MORE SECONDS. . YEAH. SO, UM, THE TURN LANES, WHY DO WE HAVE ORDINANCES THAT WE KEEP IN VARIANCES? WHAT'S THE USE OF EVEN PUTTING THE ORDINANCES ON THE BOOKS? I DON'T BUY THE STUDY. I KNOW IT'S AN ENGINEERED THING IN A HOT, BIG, A LOT OF COLLEGE EDUCATION. HOWEVER, LIVING ON THAT ROAD, WE NEED, IF YOU'RE GONNA DO THIS, AND I, I HAVE NO DOUBT THAT YOU'RE GONNA DO THAT. WE NEED ALL THE TURN LANES AND ALL THE ROAD MODIFICATIONS WITH THESE ROAD MODIFICATIONS. MAYBE WE CAN FIX THAT DRAINAGE PROBLEM AT THE BOTTOM IN THAT DIP WHERE ALL THIS NICE 200 FOOT PROFFER IS TO HIDE THIS SUBDIVISION. SO I THINK YOU'RE GONNA DO IT. I DON'T THINK THERE'S ANY WAY AROUND IT IF IT DOES MEET IT. SO YOU GOT A LOT TO LOOK AT. THE WRECKS ARE ON THE PEOPLE THAT APPROVE THIS THING AND THE INJURIES THAT OCCUR DO IT IS GONNA BE ON THE PEOPLE THAT APPROVE IT. THANK YOU. THANK YOU, SIR. ANYONE ELSE? GO AHEAD. I'M KAREN HANSEN AND I LIVE AT 2 3 3 0 TWIN CREEKS LANE, WHICH GOES ON TO MAIDEN'S ROAD. AND IT'S JUST DOWN FROM THE VET CLINIC. I WILL TELL YOU, I'VE LIVED IN THAT HOUSE FOR NINE YEARS. I'VE LIVED IN GLAND FOR ABOUT 30, IF I CAN HELP IT. I DO NOT TURN LEFT OUT OF TWIN CREEKS. I DO NOT CROSS OVER OR DRIVE ON FAIRGROUNDS ROAD. IT'S TOO DANGEROUS. I LIVE RIGHT THERE. I SEE ALL THE ACCIDENTS. I HAVE TWO VEHICLES, WHAT A PASSENGER CAR. AND THEN I'VE GOT A BIG THREE 50 FORD TRANSIT WITH THE WIDE MIRRORS. SO EVERY TIME THAT MY MIRRORS GET HIT ON MAIDEN'S ROAD, I'M NOT MAKING A POLICE REPORT. IT JUST HAPPENS WHEN YOU HAVE TWO VEHICLES ON A ROAD THAT'S NOT WIDE ENOUGH TO BE STRIPED, THAT HAPPENS. SO WHATEVER TRAFFIC STUDIES ARE DONE, AND THAT SAYS THERE WERE THREE ACCIDENTS, I CAN TELL YOU THAT MY MIRRORS HAVE BEEN HIT THREE TIMES AND THEY'RE NOT INCLUDED IN THAT. I TURN RIGHT OUT OF MY DRIVEWAY ONTO MAIDEN'S ROAD, I GO DOWN TO HAWK TOWN AND GO CAMEL BACK OUT. I HAVE PEOPLE PASSING ME ON THAT AREA WHERE THIS SUBDIVISION'S GOING TO BE BUILT BECAUSE I'M NOT GOING FAST ENOUGH. 'CAUSE I WON'T GO OVER 30 MILES AN HOUR ON THAT ROAD. THAT ROAD'S DANGEROUS. AND IF YOU'RE GONNA BUILD THIS SUBDIVISION, WHICH I THINK IS GONNA HAPPEN, I THINK THAT YOU HAVE TO FIX THE ROAD FIRST. THERE'S WAY TOO MANY ACCIDENTS IN THIS, IN THIS COUNTY. AND I WORKED IN INNSBROOK WHEN THE MALL WAS BEING PUT IN AND, YOU KNOW, ALL THE THINGS THAT HENRICO COUNTY SAID WE DON'T NEED TO DO TO HAVE SHORT PUMP MALL. THEY'RE NOW HAVING TO DO TALKING ABOUT PUTTING, YOU KNOW, THE EXIT OFF OF 64 FOR THE MALL. WHEN YOU LOOK AT ON 64, HOW MANY ACCIDENTS HAPPEN THERE? WELL, THIS IS THE KIND OF STUFF THAT'S HAPPENING ON FAIRGROUNDS ROAD AND THAT'S HAPPENING ON BROAD STREET, AND THAT'S HAPPENING AT THE OILVILLE INTERSECTION GETTING OFF OF 64 BECAUSE WE'RE GROWING WAY TOO FAST AND WE'RE NOT TAKING CARE OF THE INFRASTRUCTURE. AND I'M LIKE THE OTHER PEOPLE THAT SAY THAT, YOU KNOW, MY ELECTRICITY GOES OFF IF GOD SNEEZES, MY POWER IS OUT AND ON MY ROAD BECAUSE OF THE WAY THE POWER LINES GO. I'M ONE OF THE LAST PEOPLE THAT GETS THEIR POWER PUT BACK ON BEFORE WE DO THIS. LET'S GET THE INFRASTRUCTURE RIGHT. THANK YOU. THANK YOU. [00:55:01] ANYONE ELSE? UH, YES, MR. CHAIR. I'M BARBARA SLOAN AND I LIVE ON MAIDEN'S ROAD. UH, I HAVE FOR, I'VE BEEN ON MAIDEN, I'VE BEEN IN GLAND FOR 33 YEARS. BEEN ON MA ON MAIDEN'S ROAD FOR 22 YEARS. I HAVE ALSO BEEN ONE OF THESE ACCIDENT STATISTICS. I WAS HIT HEAD ON, ON FAIRGROUND ROAD, HAD SIGNIFICANT INJURIES, UM, LOST A BABY AND TOTALED A CAR. UM, SO I WOULD NOT RECOMMEND AN ACCIDENT FOR ANY REASON TO ANYBODY. AND I WOULD SAY THAT THIS IS, THERE ARE ACCIDENTS WAITING TO HAPPEN. THEY'RE GOING TO HAPPEN. AND YES, INDEED, IF THIS IS APPROVED, IT IS ON YOU BECAUSE IT, NOT ONLY WILL IT BE ON MAIDEN'S ROAD, I MEAN A COLLISION STUDY HALF MILE EACH WAY ON MAIDEN'S ROAD IS IRRELEVANT. IT'S WHAT'S GONNA HAPPEN ON MAIDEN'S, ON POOR HOUSE AND FAIRGROUND ROAD. AND WE, AS WE WATCH THE TREES COME DOWN ON FAIRGROUND ROAD FOR 49 HOUSES, I, I JUST, I DON'T UNDERSTAND THE LOGIC BECAUSE THERE'S, YOU PUT 24 MORE HOMES ON MAIDEN'S ROAD, THAT'S A MINIMUM OF 48 MORE VEHICLES, PROBABLY CONSERVATIVELY SPEAKING PER DAY. UM, NOT ONLY DO THE VEHICLES END UP IN THE DITCH, AND WE'VE HAD MANY IN FRONT OF OUR HOUSE IN FRONT OF, IN THE, IN THE DITCH, THEY TAKE OUT MAILBOXES, THEY TAKE OUT PROPERTY. I MEAN, IT'S ALL KINDS OF STUFF GOING ON THAT DOESN'T GET GET REPORTED. SO I CAN TELL YOU THAT, UH, A 2023 VEHICLE COUNT, I ALSO, IN MY OPINION, IS IRRELEVANT BECAUSE SO MANY MORE PEOPLE HAVE COME IN IN THE LAST 18 MONTHS. YOU SPEND ONE FULL DAY AT THE CORNER OF MAMES AND FAIRGROUND ROAD AND YOU WILL KNOW WHAT WE'RE TALKING ABOUT. IT'S INSANE. TRY TO MAKE A LEFT TURN ON MAIDENS ONTO FAIRGROUND ROAD OFF OF MAIDEN'S, AND YOU'RE GONNA HAVE A GOOD WEIGHT. AND IF YOU GO ARE, IF YOU'RE DURING RUSH HOUR, WHAT WE HAVE NOW IN GULA, WE NEVER USED TO HAVE ONE, BUT NOW WE DO. UM, IT CAN TAKE YOU UP TO FIVE MINUTES, AND I'M NOT KIDDING TO TURN. SO THE, UH, THE RIDE OF WAY, I DON'T KNOW HOW LONG THAT WILL GO, BUT YOU CAN'T GET TWO FULL PICKUP TRUCKS ON MAINTENANCE ROAD NEXT TO ONE ANOTHER UNTIL, UNLESS ONE GOES HALF, YOU KNOW, INTO HALFWAY INTO THE DITCH. UH, THE TURN THERE BY SERENITY TRAIL IS EXTREMELY DANGEROUS. THERE'S, YOU CAN'T EVEN SEE WHERE YOU'RE HEADING. SO I DON'T, I DON'T BELIEVE, AND I DON'T THROW UP MY HANDS AND SAY, OH, YOU'RE GONNA APPROVE IT BECAUSE I DON'T THINK YOU ARE, BECAUSE YOU SHOULDN'T. UM, WE MOVED TO GLAND FOR A REASON. WE LOVE IT HERE WE ARE SEEING IT, IN MY OPINION, SLOWLY BEING CHIPPED AWAY AND DESTROYED. AND WE WANNA STOP IT AND WE WANNA STOP IT WITH THIS ONE. SO PLEASE RECONSIDER AND VOTE NO. AMEN. THANK YOU. ANYONE ELSE? MAY I BRING YOU SOME PAPERWORK? HI, I'M ANDREW BLAKE. I LIVE ON 2,500 JUNIPER LANE WITH MY WIFE ELLEN, AND SHE HAS A LITTLE, UH, SOMETHING THAT SHE WROTE SHE WANTS TO READ. I'M FOCUSING IN ON THE PRESERVATION PLAN. I'M GONNA TAKE THIS OPPORTUNITY TO SPEAK ABOUT THE PROPOSED ZONING CASE FOR SERENITY TRAIL LLC. IF THIS PROPERTY IS TO BE DEVELOPED WITH THE INTENTION OF CREATING A PRESERVATION AREA OF 54.6 ACRES TO MEET THE REQUIREMENTS OF RURAL PRESERVATION REZONING, I RESPECTFULLY REQUEST A TRUE CONSERVATION EASEMENT ON THOSE 54.6 ACRES TO BE REQUIRED. I RESEARCHED WHO HOLDS CONSERVATION EASEMENTS IN GLIN COUNTY AND WAS REFERRED TO CAPITAL REGION LAND CONSERVANCY BY THE VIRGINIA DEPARTMENT OF HISTORICAL RESOURCES. BY HAVING AN ACCREDITED LAND TRUST RECORD BY HAVING AN ACCREDITED LAND TRUST RECORD, THE CONSERVATION EASEMENT, IT WILL GUARANTEE THE NEIGHBORS AND COMMUNITY THAT THE LAND IS ABSOLUTELY PROTECTED IN PERPETUITY AND NOT JUST SUBJECT TO THE SELF ENFORCEMENT BY THE HOMEOWNERS ASSOCIATION. THE CAPITAL REGION LAND CONSERVANCY HOLDS EASEMENTS IN HENRICO, CHESTERFIELD, RICHMOND PALATE AND GLAND AND MORE. THE GLAND 2035 COMPREHENSIVE PLAN INCLUDES RURAL STRATEGIES, WHICH STATES WORKING WITH CONSERVATION GROUPS TO ALLOW CONSERVATION EASEMENTS. THIS IS A PERFECT OPPORTUNITY, I BELIEVE THE CRLC HAS MET WITH THE BOARD OF SUPERVISORS IN THE PAST. THE PROPOSED PRESERVATION PLAN, WHICH SERENITY TRAIL LLC HAS PROFFERED [01:00:01] STATES. THE 54.61 ACRES IS DEDICATED AS PREFER PRESERVED FOREST AND OPEN AREA. THESE AREAS ARE TO REMAIN UNDISTURBED, ALLOWED TO MATURE AND REMAIN HABITAT FOR FLOOR AND FAUNA. I READ IN THE PRESERVATION PLAN THAT THE HOA WILL COMPLETE ANNUAL OPEN SPACE WALK INSPECTIONS TO ASSURE THAT THE OPEN SPACE IS FREE OF DEVELOPMENT AND TO DETERMINE THAT IF IT'S IN NEED OF ACTIVE MAINTENANCE. BUT WHAT HAPPENS IF THE HOA NEGLECTS THEIR RESPONSIBILITIES IS THEIR ENFORCEABILITY, WHO ENFORCES THESE RULES AND RESTRICTIONS WITH CONSERVATION EASEMENT? THE HOA WILL HAVE A ROLE IN MAINTAINING THE ROAD RIGHT OF WAY, THE FIRE PROTECTION FACILITY, THE ENTRANCE, THE IMMEDIATE DRAIN ASPECTS AS THEY STATED IN THEIR PLAN. CREATING THE CONSERVATION EASEMENT REMOVES THE NEED FOR THE HOA TO REGULARLY APPLY FOR LAND USE TAXATION. THE CONSERVATION EASEMENT REQUIRES THAT THE AGREED UPON TERMS OF THE PRESERVATION PLAN ARE ENFORCED AND UPHELD. CAPITAL REGION LAND CONSERVANCY MONITORS ALL THEIR CONSERVATION EASEMENTS ANNUALLY. THEY MUST. BY LAW, WE ARE LIVING IN A TIME WHEN PRESERVING NATURE IS PARAMOUNT. USING THE CONSERVATION EASEMENT REMOVES FOR FUTURE UNCERTAINTIES WITH ZONING CHANGES AND THE FICKLE NATURE OF PEOPLE. I HAVE SPOKEN WITH A REPRESENTATIVE AND I, ELLEN BLAKE WOULD LIKE TO BE INVOLVED IN THE PROCESS OF CREATING THE EASEMENT WITH DEVELOPER DAVID, JEANETTE OR WHOMEVER IS TASKED WITH THE PROFFER FROM SERENITY TRAIL, LLC. WE ARE ADJACENT LANDOWNERS AND HAVING THE WETLANDS FOREST AND ABUNDANT WILDLIFE SECURE WOULD PROVIDE GREAT PEACE OF MIND, ALL OF WHICH IS WHY PEOPLE WANT TO LIVE AND STAY IN GLAND. THANK YOU. THANK YOU, THANK YOU. ANYONE ELSE? I'M BILL HALL, UH, 24 95 MAIDENS ROAD, UH, MAIDENS, VIRGINIA 2 3 1 0 2. UM, I'VE LIVED IN GOLAND FOR, UH, RIGHT AROUND 30 YEARS NOW. UM, AND MY HOME, UH, OUR PROPERTY, UH, ADJOINS TO THE NORTHWEST, UH, NORTHEAST ACTUALLY, UH, OF THIS, UH, PARTICULAR PROPOSED DEVELOPMENT. UM, I WOULD, UH, REITERATE WHAT WE'VE HEARD FROM A LOT OF DIFFERENT FOLKS, UH, HERE TODAY. MAIDEN'S ROAD IS VERY NARROW. UM, THERE'S NO CENTER LINE. UM, UH, IT'S A TWISTING ROAD. UH, I WOULD CONCUR WITH MR. JONES THAT THE, UH, THE AREA IN FRONT OF THE, UH, FROM PROPERTY, UM, SERENITY FARM REGULARLY FLOODS. UM, AND WE REGULARLY SEE THE ORANGE SIGNS GO UP. UH, SOMETIMES IT'S FLOODED AND THE ORANGE SIGNS DON'T GO UP. UM, UH, BUT IT IS, IT'S POORLY DRAINED AS IT IS NOW. UM, AND, UH, AGAIN, IT'S A VERY NARROW TWISTING ROAD, NO CENTER LINE. UM, AND, AND SO FORTH. UH, ANOTHER THING I'LL MENTION IS THAT THE, THE INTERSECTION, OUR, UH, OUR DRIVEWAY IS DIRECTLY ACROSS FROM POORHOUSE ROAD. AND THE, THE, THERE'S SORT OF A BLIND INTERSECTION ON POOR HOUSE IF YOU ARE HEADED TOWARDS MAIDEN'S. UM, WE PRETTY REGULARLY HAVE TO REPLACE OUR MAILBOX FROM PEOPLE COMING DOWN, POOR HOUSE, UNFAMILIAR WITH THE ROAD, UNFAMILIAR WITH THE AREA, BLOWING THROUGH THE STOP SIGN AND CUTTING ACROSS MAIDEN'S ROAD AND TAKING OUT OUR MAILBOX. UM, AND YOU CAN TELL USUALLY FROM THE SKID MARKS AND FROM THE DIRECTION THAT THE MAILBOXES, UH, IS HEADED. UM, I KNOW A LOT, LOT OF FOLKS HAVE ALSO TALKED ABOUT, UH, ELECTRICAL POWER OR SEVERAL FOLKS HAVE ALSO TALKED ABOUT ELECTRICAL POWER. UM, AGAIN, UNDERSTAND THAT THE FOLKS IN THE, IN THE SUBDIVISION, IF THIS IS DEVELOPED, UM, WOULD PROBABLY HAVE UNDERGROUND LINES. WE DO TOO, BUT WE ALSO REGULARLY LOSE OUR POWER BECAUSE OF INFRASTRUCTURE UP THE, UH, UP THE LINE. ALSO, WORRY ABOUT, UH, WATER. UM, WE DO HAVE A DEEP WELL, UH, BUT OBVIOUSLY KNOW A LOT OF FOLKS WHO HAVE HAD WELLS GO, GO DRY. UM, AND 23 [01:05:01] ADDITIONAL HOMES WITH WHO KNOWS HOW MANY BEDROOMS AND BATHROOMS, UH, IS A LOT OF EXTRA DRAIN ON THE, THE WATER SUPPLY. WE WOULD DEFINITELY SUGGEST A HYDROLOGY STUDY, UH, BEFORE ANYTHING MOVES FORWARD. UM, AND THE LAST THING I'LL SAY IS, UH, IN ADDITION TO ALL THE OTHER COMMENTS ABOUT TRAFFIC, UM, IF YOU'VE EVER BEEN, UH, HEADED WEST ON 64 TOWARDS THE OILVILLE EXIT, ANYTIME BETWEEN ABOUT THREE 30 AND ABOUT SIX O'CLOCK AT NIGHT, YOU'LL REGULARLY SEE TRAFFIC STOPPED ON 64, UM, UH, TO TAKE THAT EXIT. AND I REALIZE IT'S A LITTLE WAYS AWAY FROM THE, THE DEVELOPMENT, BUT I WOULD IMAGINE A NUMBER OF THE FOLKS THAT, UH, WOULD, MIGHT BE LIVING THERE IF THIS IS APPROVED, ARE GONNA BE DRIVING THAT WAY IN THE EVENINGS. AND, UH, AND LASTLY, I'LL JUST SAY, PLEASE DON'T HENRICO OUR GLAND COUNTY. THANK YOU. ANYONE ELSE? GO AHEAD. HI, MY NAME IS JANE HENDERSON AND I LIVE AT 25 75 MANESS ROAD. AND I WOULD JUST ECHO AND ENCOURAGE YOU, AS THE OTHERS HAVE SAID, TO REJECT THE TRAFFIC STUDY. I WANT TO TELL YOU, 60 DAYS AGO, WE JUST ABOUT LOST A YOUNG 16-YEAR-OLD LADY BECAUSE THE CURVE, SHE WAS GOING TOO FAST ON A COUNTRY ROAD, RAN OFF THE ROAD THROUGH MY DRIVEWAY ENTRANCE AND INTO AN OAK TREE. EVERYONE WAS LUCKY. FORTUNATELY, IT PROBABLY WASN'T REPORTED IN VDOT REPORTS. IT IS IN THAT SHERIFF REPORT. PLEASE READ IT AND PLEASE EXPAND WHAT YOU'RE LOOKING AT. IF YOU'RE HEADING OUT FROM THIS NEW DEVELOPMENT WEST TO TWO 50, WHICH HASN'T BEEN TALKED ABOUT A LOT TONIGHT. THAT ROAD GOES LIKE THIS EVERY DAY AND IS JUST AS NARROW AND HAS LOTS OF ACCIDENTS, SO THEY NEED TO BE INCLUDED IN WHAT YOU'RE THINKING ABOUT. AND OTHER THAN THAT, I JUST ECHO EVERYTHING ELSE THAT EVERYONE SAYS. THANK YOU. THANK YOU. ANYONE ELSE? YES, MA'AM. COME ON. GOOD EVENING. MY NAME IS ELIZABETH BUTTERWORTH STUTZ, AND I LIVE AT 25 61 MAIDENS ROAD. I HAVE A PARCEL OF ABOUT 106.5 ACRES THAT IS DIRECTLY CONTIGUOUS TO THIS DEVELOPMENT. I HAVEN'T PREPARED ANYTHING FORMALLY TO SPEAK TO YOU ALL TONIGHT. I'M NOT GONNA STAND HERE AND SAY THAT I THINK YOU SHOULD DEFINITELY, UH, REJECT THIS PROPOSAL, BUT I DO THINK THAT IT NEEDS A LOT OF THOUGHT AND IT NEEDS MORE THOUGHT THAT THEN HAS BEEN PUT INTO IT. FIRST OF ALL, ABOUT THE WELLS, UH, I HAVE THREE WELLS. WE HAVE THREE WELLS ON THE PROPERTY. THEY HAVE TWO OF THEM HAVE GONE DRY AT DIFFERENT TIMES. AND SO I THINK I WOULD LIKE TO HAVE MORE, UM, TO HAVE SOME INFORMATION THAT I COULD ACTUALLY LOOK AT THAT SOMEBODY HAS STUDIED TO SAY, THIS IS WHERE THIS AQUIFER IS HAVING IT THIS MUCH. UM, HAVING IT THIS MUCH, UH, LOWER DOWN INTO THE GROUND IS GONNA PROTECT EVERYONE ELSE. WE DON'T HAVE THAT. AND SO I'M NOT SAYING THAT YOU SHOULD DEFINITELY NOT ALLOW THIS DEVELOPMENT TO GO FORWARD, BUT THERE'S MORE INFORMATION THAT'S NEEDED. THE SECOND THING I'D LIKE TO BRING UP IS, UM, ABOUT THE ROADS. FIRST OF ALL IS BILL HALL MENTIONED, UH, THE INTERSECTION FROM OILVILLE IN 64 IS RIDICULOUS AT, UM, WORK, YOU KNOW, AT FIVE O'CLOCK AND THE TRAFFIC STUDY, IT DEPENDS ON WHAT TIME OF DAY AND WHAT TIME OF YEAR THAT YOU'RE DOING. YOU'RE LOOKING AT OUR TRAFFIC IN GLAND. WE HAVE A LOT OF PEOPLE WHO COMMUTE AND, UM, DEPENDING ON WHAT TIME OF DAY YOU'RE TRYING TO GET OFF AT THE OILVILLE EXIT, IT COULD TAKE ONE MINUTE, IT COULD TAKE 20. I'VE SAT THERE FOR 20. MATTER OF FACT, I I COULDN'T EVEN TELL YOU HOW MANY TIMES IT'S BEEN SO BACKED UP THAT I'VE HAD TO STOP ON 64 BECAUSE THERE WASN'T EVEN ENOUGH ROOM TO GET ONTO THE EXIT. I MEAN, THAT'S TRAFFIC BACKED UP ON A MAJOR HIGHWAY THAT'S DANGEROUS. NOW I REALIZE I'M, I DON'T DO PROPERTY LAW. I AM AN ATTORNEY, BUT, AND I HAVE NOT RESEARCHED THIS, BUT I HAVE TALKED WITH TARA, WHO IS A FRIEND OF MINE AND COLLEAGUE OF MINE AND, UH, THE COUNTY ATTORNEY. AND I KNOW THAT THE DEVELOPER CAN ONLY BE REQUIRED TO DO BUT SO MUCH WITH THE ROADWAY THAT'S RIGHT IN FRONT OF WHERE THE DEVELOPMENT'S GONNA BE. BUT VDOT, YOU ALL HAVE PULL WITH VDOT AND THERE ARE IMPROVEMENTS ON THIS ROAD THAT ARE, ARE NEEDED. WE DON'T HAVE ANY SHOULDERS. UM, I HAPPEN TO KNOW THAT THIS STATISTIC ABOUT THE ACCIDENTS ON MAIDEN'S ROAD IS NOT ACCURATE. I HAVE PERSONALLY HAD TO REPLACE THE [01:10:01] PASTURE FENCE ON OUR FARM FOUR DIFFERENT TIMES FROM ACCIDENTS WHERE PEOPLE RUN OFF THE ROAD. UM, IT'S, IT'S A VERY DANGEROUS ROAD. I HAVE A HORSE FARM. WE REGULARLY RUN A HORSE TRAILER AND A TRUCK, AND THERE'S NOT ROOM WHEN I'M DRIVING THE HORSE TRAILER. THERE IS NOT ROOM FOR ANOTHER PERSON TO GO UNLESS I GO INTO THE DITCH. AND I, YOU KNOW, THAT'S JUST THE CONDITION OF THE ROAD. AND FURTHERMORE, THE INTERSECTION BETWEEN TWO 50 AND MAIDEN'S, WHICH IS ACTUALLY PONY FARM ROAD, AND IT TURNS INTO MAIDEN'S ROAD, IS EXTREMELY DANGEROUS. WHEN YOU'RE WAITING TO MAKE A LEFT HAND TURN, YOU CAN'T SEE THE, THE TRAFFIC COMING UP OVER THE HILL. AND I'VE CALLED VDOT ABOUT IT PROBABLY THREE TIMES OVER THE YEARS. SO I THINK THAT THERE ARE A NUMBER OF THINGS THAT WE NEED TO THINK ABOUT. NOT SAYING THAT WE DON'T HAVE ANY DEVELOPMENT, BUT IF WE'RE GONNA HAVE DEVELOPMENT, LET'S, LET'S MAKE GOOD USE OF OUR TIME AND MAKE SURE THAT IT'S DONE CORRECTLY. THANK YOU. THANK YOU. ANYONE AND ANYONE ELSE SEEING NO ONE ELSE? I WILL. WHO WISHES TO SPEAK. I WILL CLOSE THE PUBLIC COMMENT PERIOD. I'LL NOW GIVE THE APPLICANT TIME TO, UM, HAVE A FEW MINUTES TO REBUTTAL. AND JUST FOR CLARIFICATION, SIR, HOW MUCH TIME? THREE MINUTES, CORRECT? UH, IT'S AT YOUR DISCRETION. THEY DID USE THEIR FULL 10 MINUTES PRIOR, SO IT WOULD BE AT YOUR DISCRETION. THREE MINUTES. OKAY. UM, SO I WOULD, I WOULD LIKE TO MAKE AT LEAST ONE COMMENT, UM, TO, TO NOT ONLY, UH, SAY THAT I, I, I HEAR REGARDING THE PONDING OF THE WATER, UM, THAT IS OCCURRING NOW. UH, ANYTHING THAT WE DO, SUCH AS A RIGHT TURN LANE ABSOLUTELY MAY FIX THAT AND, AND ELIMINATE THE PONDING THERE. UH, IF YOU DO VOTE THIS DOWN, UH, OR RECOMMEND, UH, DENIAL, THEN, UM, AND IT DOESN'T GO THROUGH, THEN IT WILL NOT BE FIXED FOR CERTAIN. UH, SO WITH THAT, UH, I WOULD SAY LET'S, UH, LET'S SEE ABOUT GETTING THAT FIXED. AND, AND, UH, AND I'M, THEN I'M GONNA TURN IT OVER TO CARL FOR SOME, UH, COMMENTS AS WELL. YEP. THANK YOU, SCOTT. SO, UM, JUST TO RESPOND TO A FEW OF THE TRAFFIC RELATED ITEMS THAT WERE BROUGHT UP. UM, NUMBER ONE, THE, THE TRAFFIC, THE TURN LANE STUDY THAT WE DID WAS DONE IN COORDINATION WITH VDOT. VDOT REVIEWED IT AND AGREED WITH OUR, THE WAY WE DID IT AND OUR CONCLUSIONS. SO IT WAS, UH, I'LL JUST LEAVE IT AT THAT. UM, NO ONE IS SAYING THAT MAIDENS ROAD IS A GREAT ROAD, A PERFECT ROAD. UH, IT IS A NARROW ROAD WITH CURVES IN IT. THERE'S NO QUESTION. UM, WHEN IT COMES TO SAFETY RELATED TO THE DRIVEWAY OF THIS PROPOSED, UH, NEIGHBORHOOD, UM, IT'S, IT'S THE RESPONSIBILITY OF US AS THE DESIGNERS TO MAKE SURE THAT THE, UH, THE, UH, RESIDENTS AS THEY LEAVE THE NEIGHBORHOOD TURNING ONTO MAIDEN'S ROAD TO ENSURE THAT THEY HAVE ADEQUATE SIGHT DISTANCE IN BOTH DIRECTIONS ON MAIDEN'S ROAD. AND, UH, AND THAT THAT IS THE CASE. YOU SAW THE PICTURES IN THE, UH, IN THE STAFF PRESENTATION. UM, YOU KNOW, AS LONG AS THERE'S ADEQUATE SIGHT DISTANCE IN BOTH DIRECTIONS, THEN IT'S REALLY UP TO THE DRIVER TO MAKE A, A SAFE DECISION. BUT WE'VE, WE'VE DONE ALL WE CAN TO MAKE THAT INTERSECTION AS SAFE AS POSSIBLE. UM, YOU KNOW, I I HEARD A LOT OF COMMENTS ABOUT, YOU KNOW, COLLISIONS THAT AREN'T IN THE DATABASE OR HAVEN'T BEEN REPORTED. I MEAN, THE, THE DATABASE ONLY REPORTS OR ONLY SHOWS THE REPORTED COLLISIONS. SO IF THERE ARE UNREPORTED COLLISIONS, THEY'RE NOT GONNA SHOW UP IN THAT DATABASE. AND, UH, I WAS LOOKING ON MY PHONE, UM, DURING THE COMMENTS. I, I KNOW THE INTERSECTION OF FAIRGROUND AND MAIDENS WAS BROUGHT UP A COUPLE TIMES. THERE IS CONGESTION THERE, OBVIOUSLY, UH, I'LL DEFER TO STAFF, BUT I, I KNOW THAT INTERSECTION HAS BEEN LOOKED AT, UH, IN THE PAST. I BELIEVE THERE WAS A PLAN TO PUT IN LEFT TURN LANES ON FAIRGROUND ROAD AT SOME POINT. UH, AS I WAS LOOKING HERE JUST NOW, IT LOOKS LIKE A ROUNDABOUT MIGHT BE IN THE WORKS THERE. UM, THE, THE TIMELINE IS NOT DETERMINED ACCORDING TO THE COUNTY WEBSITE, BUT I KNOW THAT INTERSECTION'S BEING LOOKED AT FOR, UH, POSSIBLE MITIGATION. SO I JUST WANTED TO POINT THAT OUT AS WELL FOR THE RECORD. AND I THINK I'M OUT OF TIME. THANK YOU. THANK YOU, YOU'ALL. HAVE ANY QUESTIONS? UM, I GUESS I, I AM STILL CONCERNED ABOUT THE TRAFFIC AND THE, AND THE TWO TURN LANES THAT ARE REQUIRED BY, UH, BY THE COUNTY. UH, YOU DID MENTION THAT THERE WAS, UH, CONCERN BY IF, IF YOU WERE TO ADD A LEFT TURN [01:15:01] LANE, THAT IT WOULD CAUSE A JOG AND A DANGEROUS JOG IN THE ROAD. UH, DID YOU LOOK AT, AT EXPANDING THE ROAD ONTO THE PROPERTY THAT WE'RE TALKING ABOUT OR EXPANDING THE ROAD IN THE OTHER DIRECTION? OR BOTH? WE LOOK, WE LOOKED AT, MAY I YES, PLEASE, YES. COME FORWARD. YES. YES. WE, WE DID LOOK AT, UH, BOTH, UH, WHETHER WE EXPANDED INTERNAL OF OUR SITE RIGHT, AS WELL AS EXTERNAL. UM, AND CERTAINLY THE, UM, EXTERNAL, UH, DOES CREATE, UH, A PRETTY SIGNIFICANT, UM, UH, SITUATION THERE, RIGHT? YES. UH, AND, AND THAT IS, UM, EVEN IF WE CAN ACQUIRE THE, UM, RIGHT OF WAY FOR THAT ON, ON THE ADJACENT PROPERTY MM-HMM . OKAY. ALRIGHT. BUT IF YOU WERE TO EXPAND TWO LANES, FOR EXAMPLE, INTO YOUR PROPERTY, THAT WOULD NOT HAVE AS, AS BAD A JOG, A A AS BAD. BUT IT STILL DOES CREATE A, A, A A SITUATION AND I HAVEN'T BEEN ABLE TO, TO FULLY, UH, VET THAT, UH, YET. OKAY. OKAY. IT, IT SEEMS LIKE THAT WOULD ACTUALLY REDUCE THE JOG THAT EXISTS NOW BY PULLING THE ROAD TOWARDS YOUR PROPERTY. SO, SO IT, IT DOES, WHAT IT DOES ALSO ENDS UP DOING IS AFFECTING THE RIGHT TURN LANE TO BE OFF OF OUR PROPERTY, UH, POTENTIALLY ON BOTH ENDS, UH, BECAUSE WE'VE PULLED IT IN SO MUCH THAT WE'VE GOTTA START CREATING, UH, THE, THE, UH, A SIGNIFICANT TAPER AND TRANSITION, UM, SEVERAL HUNDRED FEET BACK AND IT ENDS UP BEING ON SOMEBODY ELSE'S PROPERTY AS WELL. OKAY. UH, AND, AND WHILE YOU'RE HERE, THE, THE, UH, CONSERVATION REQUIREMENT, IS THAT GOING INTO LAW OR IS IT LEFT TO THE, TO THE HOMEOWNER'S ASSOCIATION TO, UH, MAINTAIN THAT CONSERVATION AREA? I'M AFRAID I DON'T QUITE UNDERSTAND YOUR QUESTION ABOUT GOING INTO LAW. UM, I DIDN'T GET THE HANDOUT, BUT, UH, IT WAS A MENTION OF A, OF AN ORGANIZATION THAT DOES MAINTAIN THE CONSERVATION CORRECT, UH, REQUIREMENTS. UH, AND IT'S, UH, CAPITAL REGIONAL LAND CONSERVANCY, SO MAY VIRGINIA OUTDOORS FOUNDATION. OKAY. STATEWIDE. SO IS THIS, IS THIS REQUIREMENT TO MAINTAIN, UH, NATURAL, UH, AREA CONSERVATION AREA, IS THAT GONNA BE LEFT WITH TO THE HOMEOWNERS ASSOCIATION TO ENFORCE, OR IS IT ACTUALLY GONNA BE REGISTERED WITH ONE OF THESE EXTERNAL ORGANIZATIONS? WELL, OUR, OUR INITIAL, OH, EXCUSE ME. I'M JUST GONNA, YEAH, OKAY. I WAS JUST GONNA INTERJECT TO CLARIFY. OKAY. UH, NOT, NOT INTENDING TO SPEAK FOR THE APPLICANT. THE, THE ORDINANCE DOES NOT REQUIRE IT TO BE A THIRD PARTY CONSERVATION. OKAY. I REALIZE THAT WAS PART OF THE CO UH, PUBLIC COMMENT AND THAT SUGGESTION WAS MADE. OUR ORDINANCE DOES NOT REQUIRE THAT, BUT IT CERTAINLY IS SOMETHING THAT SOMEONE, UH, AN APPLICANT COULD PROFFER AS A SORT OF THIRD PARTY EASEMENT HOLDER. OKAY. SO, SO MY QUESTION IS, AGAIN, IS IS THAT PART OF YOUR PROPOSAL OR IS IT TO BE LEFT TO THE HOMEOWNER'S ASSOCIATION? THAT WAS ALL I WAS GONNA ASK. CORRECT? CORRECT. IT IS NOT PART OF OUR PROFFERS. OKAY. WE'RE GONNA LEAVE IT TO THE HOMEOWNERS ASSOCIATION. OKAY. WE HAVE NOT ACTUALLY THOUGHT ABOUT TURNING IT OVER TO A CONSERVATION, UM, UH, FIRM, IF YOU WILL. OKAY. OKAY. UH, I DON'T, I'M, THAT'S A THAT'S ALL I'VE GOT. THANKS. I DON'T HAVE ANY QUESTIONS. THANK YOU. THANK YOU. DO I HEAR A MOTIONS, GENTLEMEN? DR. WE DO WE WANT TO HAVE ANY MORE DISCUSSION HERE? I I MEAN, THERE'S A LONG PAUSE HERE. IS THERE, ARE THERE CONCERNS WE WANT TO DISCUSS? UM, I DON'T AT THE MOMENT. YOU COULD. I KNOW. I KNOW WHAT, I KNOW WHAT THEY, THEY WANT. I'M JUST THINKING STILL. OKAY. MM-HMM . MR. CHAIRMAN, I'LL MAKE A MOTION. I MOVE THAT THE COMMISSION RECOMMEND APPROVAL OF REZONING RZ 2 0 2 5 0 0 0 2 SERENITY TRAIL WITH PREFERRED CONDITIONS AS PRESENTED. MOTION HAS BEEN PRESENTED. IS THERE A SECOND? UM, I'LL SECOND THAT MOTION. IT'S BEEN PROPERLY MOVED. AND SECOND, UH, WE NEED A ROLL CALL VOTE. MR. KIMBERLY? UH, I VOTE NO. AND MR. PUCK, YOUR MOTION WAS TO RECOMMEND APPROVAL? [01:20:01] YES. OKAY. AND MR. KIMBERLY, YOU VOTE AGAINST THAT MOTION? I DO. OKAY. UM, MR. PATOK, YOU'RE VOTING AND APPROVAL. I, I, MM-HMM . MR. COSBY? NO. THE MOTION TO RECOMMEND APPROVAL IS DEFEATED ON A TWO ONE VOTE. THIS CASE IS TENTATIVELY SCHEDULED TO BE HEARD BY THE BOARD OF SUPERVISORS SEPTEMBER 4TH, 2025. IT MOVES FORWARD WITH A RECOMMENDATION OF DENIAL FROM THE PLANNING COMMISSION PER SECTION 2.63 OF THE PLANNING COMMISSION BYLAWS AND RULES OF PROCEDURE. OUR FINAL PUBLIC HEARING ITEM TONIGHT IS IN DISTRICT THREE, RZ 20 25 3 APPLICATION BY BIG DADDY'S [2. District 3 - RZ-2025-00003 Application by Big Daddy’s Oilville Office Land Holding Corporation LLC requesting a proffer amendment to rezoning case RZ-1990-00009 to remove the required screening for outdoor storage on 2.17 acres, at 1164 Tricounty Drive on Tax Map No. 45-19-0-24-0. The property is zoned Industrial, General (M-2). The Comprehensive Plan designates this area as Industrial.] OILVILLE OFFICE, LANDHOLDING CORPORATION LLC, REQUESTING A PROFFER AMENDMENT TO REZONING CASE RZ 1999 TO REMOVE THE REQUIRED SCREENING FOR OUTDOOR STORAGE ON 2.17 ACRES AT 1164. TRI-COUNTY DRIVE ON TAX UP NUMBER 45 19 0 24 0. THE PROPERTY IS ZONED INDUSTRIAL GENERAL M TWO. THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS INDUSTRIAL. THANK YOU, MS. PARKER. SORRY THAT TRANSITION IS UNFORGIVING AND A LITTLE SLOW, SO I'M CATCHING UP. THANK YOU, MS. PARKER. MR. CHAIRMAN, FOR THE RECORD, AGAIN, MY NAME IS CARRIE RAGLAND. I'M THE PLANNING MANAGER FOR THE COUNTY, AND WE'LL BE PROVIDING THE STAFF PRESENTATION FOR THIS APPLICATION. AS STATED, THE REQUEST IS TO AMEND EXISTING PROFFERED CONDITIONS ON A SINGLE PARCEL WITHIN THE OLD DOMINION INDUSTRIAL PARK. THE VICINITY MAP ON THE LEFT INDICATES THE SUBJECT PROPERTY OUTLINED IN RED. THE AERIAL PHOTO ON THE RIGHT INDICATES A SUBJECT PROPERTY ALSO OUTLINED IN RED FOR A BETTER REFERENCE. THIS IS AN INTERIOR PARCEL WITHIN THE OLD DOMINION INDUSTRIAL PARK, WHICH IS LOCATED NORTH OF BROAD STREET ROAD AND IS ACCESSED BY TRIPLET LANE. THE ZONING MAP ON THE LEFT DEMONSTRATES A SUBJECT PROPERTY AND MOST ADJACENT PROPERTIES AS THE M TWO DISTRICT. THE COMPREHENSIVE MAP PLAN MAP ON THE RIGHT DEMONSTRATE TO SUBJECT PROPERTY AND ADJACENT PROPERTIES AS INDUSTRIAL. THE REQUEST IS TO REMOVE TWO PROFFERED CONDITIONS FROM CASE RZ 19 90 0 9 FOR THE SUBJECT PROPERTY ONLY. THE FIRST PROFFERED NUMBER THREE CURRENTLY REQUIRES, UH, SCREENING FOR OUTDOOR STORAGE. PROFFER NUMBER FIVE REQUIRES BUILDING APPROVAL OF TWO INDIVIDUALS WHO ARE NOW DECEASED. UH, PRIOR TO DEVELOPMENT ON THE PROPERTIES, THE PROPERTY IS LOCATED WITH OLD, OLD DOMINION INDUSTRIAL PARK, WHICH WAS ZONED TO M1 WITH APPROVAL OF RZ 19 87 0 2. OTHER PARCELS WITHIN THE PARK WERE LATER REZONED TO M TWO WITH APPROVAL OF RZ 19 90 0 9. AND THIS IS THE CURRENT ZONING CASE. ON THE PARCEL, THE SCREENING OF OUTDOOR STORAGE WAS A CONDITION FOR BOTH THE PREVIOUS REZONING CASES IN 1987 AS WELL AS 1990. THE APPLICANT STATES THAT THE PROFFERS HAVE BEEN INCONSISTENTLY ENFORCED WITHIN THE PARK PRIOR TO THE PURCHASE. THE APPLICANT WAS SUPPLIED WITH A ZONING COMPLIANCE LETTER, WHICH CONFIRMED THE SCREENING REQUIREMENTS. APPLICANT PURCHASED THE PROPERTY ON MAY 30TH, 2024. A PLAN OF DEVELOPMENT WAS APPROVED FOR A CONTRACTOR'S EQUIPMENT STORAGE YARD TO INCLUDE AN OFFICE BUILDING ON THE SUBJECT PROPERTY ON JUNE 3RD, 2025. THE POD DEMONSTRATES THAT THE REQUIRED SCREENING CAN BE ACHIEVED THROUGH A COMBINATION OF VEGETATION AND FENCING, REMOVAL OF THE CURRENT PROVERB CONDITION THREE, WHICH REQUIRES FENCING OR VEGETATIVE SCREENING OF THE OUTDOOR STORAGE FROM THE SUBJECT PROPERTY IS NOT IN ACCORDANCE WITH THE STRATEGIES LISTED IN THE COMPREHENSIVE PLAN AS OUTLINES THE IMPLEMENTATION STRATEGIES FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS CALL FOR HIGH QUALITY SITE DESIGNS AND LANDSCAPING, WHICH INCUR ENCOURAGES DEVELOPMENT. ON THE SCREEN IS A PAGE OF THE OVERALL PLAN FROM THE APPROVED POD. YOU CAN SEE IN THE WHITE BUBBLED BLOCK AT THE REAR OF THE PROPERTY, WHICH I'M OUTLINING HERE, UH, IS THE LOCATION WHERE THE OUTDOOR STORAGE JUICE IS PROPOSED. THE PLAN CALLS OUT AN EXISTING FENCE AS A YELLOW LINE AT THE BACK OF THE PROPERTY AS WELL UP TO THE SIDES. UH, AND A PROPOSED FENCING AND GREEN LINE HERE. THE NOTE BOX POINTING [01:25:01] TO THE GREEN FENCING LINE STATES THAT THE SCREENING WILL BE PROVIDED IN THE FORM OF SLATS INSERTED INTO THE CHAIN LINK FENCE THAT IS, UNLESS THIS PROFFER AMENDMENT IS APPROVED BY THE BOARD OF SUPERVISORS. THE APPLICANT HELD A COMMUNITY MEETING ON JUNE 5TH, 2025. THE APPLICANT REPORTED THAT TWO PEOPLE FROM A NEIGHBORING BUSINESS DID ATTEND AND THERE WAS DISCUSSION ABOUT THE ORIGINAL DEVELOPERS OF THE INDUSTRIAL PARK. UH, ONE ATTENDEE WAS SUPPORTIVE OF THE APPLICATION AND THE OTHER HAD NO COMMENTS. SHOULD THIS REQUEST NOT BE APPROVED, THE APPLICANT WOULD NEED TO ADDRESS THE OUTSTANDING SCREENING REQUIREMENTS WHERE THE CURRENT LANDSCAPE AND FENCE SCREENING IS INADEQUATE. REMOVAL OF PROFFER THREE IS NOT IN ACCORDANCE WITH A COMPREHENSIVE PLAN, AS IT DOES NOT PROMOTE HIGH QUALITY ARCHITECTURAL AND SITE DESIGNS THAT ARE COMPATIBLE WITH THE AREA AND DOES NOT ENCOURAGE LANDSCAPING THAT ENHANCES THE DEVELOPMENT PROFFER NUMBER FIVE IS NO LONGER A VALIDLY ENFORCEABLE PROFFER, AS BOTH GENTLEMEN ARE NOW DECEASED. THIS SLIDE IN THE FOLLOWING SLIDE DEMONSTRATE THE EXISTING PROFFERED CONDITIONS WITH PROFFER THREE AND PROFFER FIVE MARKED OUT AS PROPOSED BY THE APPLICANT. THEY'RE CURRENTLY SIX PROFFERS. YOU SEE PROFFER THREE IS MARKED OUT. PROFFER FIVE IS MARKED OUT. AND THIS PROVIDES A CLEAN COPY AS PROPOSED BY THE APPLICANT WITH THOSE TWO PROFFERS REMOVED. THE OTHER TWO, UH, THE OTHER REMAINING PROFFERS HAVE BEEN RENUMBERED. MR. CHAIRMAN, THIS CONCLUDES THE STAFF PRESENTATION. THE APPLICANT IS HERE AND I BELIEVE HAS A PRESENTATION AS WELL. DO YOU HAVE ANY QUESTIONS FOR ME AT THIS TIME? UM, NO THANK YOU. NO THANK YOU. THE APPLICANT. UH, PLEASE COME FORWARD. OKAY. I THINK SHE'S GONNA PUT YOURSELF, YES, YOU. THANK YOU. APPRECIATE IT. MY, UH, MY YOUNGEST HAD TO LEAVE 'CAUSE SHE COULDN'T HANDLE STAYING ON THE SITE, BUT I HAVE SOMETHING FROM HER STILL. SO, UM, GOOD EVENING. UH, MY NAME'S EVAN WIENER. I'M THE MANAGING MEMBER OF BIG DADDY'S OILVILLE OFFICE, LANDHOLDING CORPORATION. HAD TO FIND A CREATIVE NAME FOR THIS ONE. UM, I'M HERE TONIGHT IS FOR REQUESTING A PROFFER AMENDMENT TO REMOVE THE SCREENING REQUIREMENT, UM, AS WELL AS THE DEVELOPER APPROVAL REQUIREMENT. PROFFER. UM, I, I'LL START BY SAYING, FOR THOSE OF Y'ALL WHO DON'T REALLY KNOW ME, I CAN GET A LITTLE BIT HOT AND COLORFUL AT TIMES. UM, ESPECIALLY WITH THIS. IT'S BEEN GOING ON FOR OVER A YEAR NOW. UM, SO I'VE READ THESE REMARKS TO A FEW FRIENDS ALREADY. THEY SAID A PRETTY MILD FOR ME. UM, SO I'LL JUST APOLOGIZE IN ADVANCE IF I OFFEND ANYBODY. UM, NOT TRYING TO. SO, UM, I WANNA THANK STAFF FOR THEIR TIME OVER THE PAST YEAR. IT'S, IT'S BEEN A PROCESS, UM, AND ALSO INTO THIS REPORT, UM, IN ADDITION, SINCE MY REMARKS AT THE BOARD OF SUPERVISORS MEETING IN MAY, AND SORRY IF GOING A LITTLE FAST. UH, I ONLY HAVE 10 MINUTES, SO I'LL, I'LL REQUEST A LITTLE EXTRA TIME IN ADVANCE JUST 'CAUSE OF HOW WE ENDED UP HERE, BUT WE CAN DEAL WITH THAT IN A MINUTE. UM, JAMIE'S BEEN VERY HELPFUL, UM, ON THE ADMINISTRATIVE SIDE OF THINGS GETTING US HERE TO YOU GUYS TONIGHT, SO I, I REALLY APPRECIATE THAT. THAT BEING SAID, THE STAFF REPORT HAS A NUMBER OF STATEMENTS THAT ARE TAKEN OUT OF CONTEXT. UM, AND I WAS GONNA GO THROUGH THEM ALMOST LINE BY LINE TONIGHT, BUT IF Y'ALL HAVE ANY QUESTIONS ABOUT ANYTHING IN PARTICULAR, WE CAN ADDRESS THAT AT THE END DURING THE QUESTION PERIOD THAT MY TIME NOW IS LIMITED. SO, UM, I SHOULD ADD THAT I DON'T ALL, I DON'T EVEN THINK I SHOULD BE HERE AT ALL RIGHT NOW. YOUR TIME'S VALUABLE. YOU KNOW, UM, THIS, I'M HERE BECAUSE OF AN UNFORTUNATE STRING OF EVENTS OVER THE PAST 20 YEARS, 20 PLUS YEARS, YOU KNOW, NO ONE THAT'S HERE TONIGHT WITH PLANNING A ZONING WAS HERE WHEN DECISIONS WERE MADE IN THE PAST OR THINGS HAPPENED. SO, WE'RE IN A INTERESTING SITUATION TO SAY THE LEAST. UM, I'M HERE BECAUSE WHEN PODS WERE REVIEWED, INSPECTED, APPROVED IN THE PAST, THESE PROFFERS THAT WE'RE ASKING TO REMOVE WERE NOT ENFORCED CONSISTENTLY. I, I, I, I'LL PUT THE ASTERISK ON THERE. UM, I'LL SHOW SOME PHOTOS IN A FEW MINUTES OF, UH, OF, OF, OF WHAT THE INDUSTRIAL PARK LOOKS LIKE TODAY AND GO THROUGH SOME EXAMPLES OF THOSE DEFICIENCIES SO THAT, YOU KNOW, SO Y'ALL CAN KIND OF SEE WHY I WAS SURPRISED BY ALL THIS. SO LAST SUMMER, A GOOD FRIEND OF MINE CALLED ME AND SAID HE'S READY TO SELL HIS M TWO PARCEL IN, IN THE INDUSTRIAL PARK. UM, HE KNEW I WANTED IT. I PUT IT UNDER CONTRACT IMMEDIATELY. IT'S CLOSE TO MY HOUSE. UM, I LIVE IN BRIDGEWATER. UM, I ALREADY KNEW IT HAD AN APPROVED POD FOR A CONTRACTOR'S LAY DOWN YARD. AND BECAUSE IT'S M TWO, I JUST ASSUMED OUTDOOR STORAGE IS PERMITTED BY WRIGHT. I'D DRIVEN THROUGH THEIR COUNTLESS TIMES I'D SEEN THE CURRENT CONDITIONS. I, I I I, I WAS SHOCKED, YOU KNOW. SO AFTER THAT, UH, PUT A CONTRACT ON IT, PLACED A DEPOSIT WITH THE SELLER, UM, REQUESTED A, UM, A ZONING CONFIRMATION LETTER FROM THE COUNTY. AND HONESTLY, THAT'S HOW I FOUND OUT ABOUT THE SCREENING PROFFER, YOU KNOW, UM, SO, YOU KNOW, OVER THE YEARS, [01:30:01] THE COUNTY IN THIS PARCEL IN PARTICULAR, UM, THE COUNTY HAS BEEN WELL AWARE OF ITS USE STAFF AS, UM, MULTIPLE TIMES THEY'VE BEEN INVOLVED IN PLANNING AND ZONING IN VARIOUS COMMUNITY DEVELOPMENT, UM, ROLES AT THE, AT THE SITE. UM, THERE WAS A BUILDING PERMIT, UH, TO SET UP A TEMPORARY CONSTRUCTION TRAILER FOR PICKUP AND DROP OFF OF CONSTRUCTION CREWS. YOU KNOW, I, I, I, I, I'M NOT A ROCKET SCIENTIST, BUT LAST TIME I CHECKED, CONSTRUCTION CREWS NEED TOOLS AND EQUIPMENT, RIGHT? SO, YEAH, I'M NOT SURE HOW ANYBODY COULD THINK THAT THERE WOULDN'T BE STUFF RELATED TO CONSTRUCTION AT A LOT FOR PICKING UP AND DROPPING OFF A CRUISE. UH, IN ADDITION, THERE WAS A POD APPROVED IN, UH, 20 2009 ISH, UH, FOR A CONTRACTOR'S EQUIPMENT STORAGE YARD OR PLANT. UM, SCREENING WASN'T REQUIRED. LANDSCAPING WAS, SCREENING WAS NOT THE PARCEL ALREADY HAD, UH, 20, UH, HAD A EXISTING WOOD FENCE ON HALF OF TWO SIDES IN THE REAR. UM, THERE WAS ACTUALLY A VIOLATION, A NUM, SORRY, HOW DO I GO BACK? AH, THERE WE GO. THERE WAS ACTUALLY A VIOLATION, UM, A COUPLE OF YEARS AGO. STAFF CAME OUT, REQUIRED REMEDIATION AT THAT FENCE WHILE THERE'S, WHILE THERE'S ALREADY, YOU KNOW, 25 TRACTOR TRAILERS PARKED ON THIS LOT, YOU KNOW, WHICH THEORETICALLY WOULD REQUIRE SCREENING. NO, YOU KNOW, IN, IN ITS ENTIRETY. NO SCREENING WAS REQUIRED. SO, YOU KNOW, HOPEFULLY YOU CAN UNDERSTAND WHY I WOULD BE SHOCKED. JUST LOOK AT THIS ONE PARCEL ABOUT A SCREENING PROFFER, RIGHT? UM, SO TODAY, I THINK ONLY ONE PARCEL IN THE INDUSTRIAL PARK IS COMPLIANT WITH THIS PROFFER. OKAY? THE VIOLATORS INCLUDE THE COUNTY THEMSELVES WITH THEIR BUS GARAGE, WHOOPS, SORRY, WITH THE BUS GARAGE. YOU CAN SEE THE MISSING SCREENING AS YOU LOOK FROM BROAD STREET AS WELL AS FROM, UH, VAL PARK, UH, RIGHT THERE. UM, AND IN ADDITION, UH, THERE'S ACTUALLY BEEN A HISTORY OF, UH, ZONING VIOLATIONS RELATED TO SCREENING AT THE PAR AT THIS PARCEL OWNED BY THE COUNTY. I ACTUALLY FILED A ZONING COMPLAINT BACK A COUPLE MONTHS AGO TO TRY TO GET THE COUNTY TO ENFORCE IT EQUALLY, YOU KNOW, LIKE DUE TO YOURSELF WHAT YOU WANT ME TO DO ALSO. WELL, NOTHING HAPPENED, BUT THERE'S NUMEROUS UNREGISTERED VEHICLES, TRAILERS, UM, STORAGE TRAILERS, UM, AND STORAGE BUILDINGS. UH, AND PREVIOUS COMMUNICATION I HAD WITH STAFF, THE BUSES SHOULD BE SCREENED AS WELL. SO, UM, YOU KNOW, IT'S A LITTLE BIT OF A DOUBLE STANDARD. SO, SORRY GUYS, I ACTUALLY MIXED UP MY PAGES OR MY KIDS DID. ONE OF THE OTHER, I THINK THIS IS FUNNY, DON'T THEY? I'M MISSING PAGES. UM, SO I'LL GO THROUGH A FEW OF THESE REAL QUICK. UM, THIS IS ABOUT THE, UH, SCREENING VIOLATIONS AT THE COUNTY'S PARCEL. UM, SO STAFF CLAIMS THAT THEY DON'T HAVE THE ABILITY TO, UH, GRANT EXCEPTIONS, WHICH IS WHAT WE KIND OF ASKED FOR WITH, WITH THE SCREENING. UM, YOU KNOW, SOMEONE HAD FILED A COMPLAINT ABOUT OUR PARCEL, UM, AND THE LACK OF SCREENING THAT'S CURRENTLY IN PLACE. UH, STAFF CLEARLY SAID THAT, THAT THEY'RE NOT GONNA ENFORCE THAT PROFFER RIGHT NOW ON US, BUT THEY ALSO SOMEHOW CLAIMED THAT THEY DON'T HAVE TO ENFORCE THE PROFFER THAT CAN'T BE COMPLIED WITH JUST BECAUSE IT CAN'T BE COMPLIED WITH. SO, UM, THIS PARCEL, POD WAS APPROVED WITHOUT SCREENING FOR BULK STORAGE TANKS, UM, OF, UH, PETROLEUM. THERE WAS ALSO A PROFFER AMENDMENT TO PERMIT THIS, WHICH IS NOT PERMITTED ON ANY OTHER PARCEL IN THIS INDUSTRIAL PARK. SO THERE'S A PRECEDENT OF MAKING CHANGES. AND I, I WANNA CLARIFY REAL QUICK, UH, AS I'M GOING THROUGH THESE SLIDES, SHOWING SOME OF THE CURRENT SITUATION HERE AND, AND TALK ABOUT THE DEFICIENCIES, UM, NONE OF WHAT I'M SAYING RIGHT NOW IS TO BE CONSTRUED AS A ZONING OR PLANNING VIOLATION COMPLAINT. OKAY? I AM NOT STANDING UP HERE TRYING TO GET MY NEIGHBORS TO BURY ME IN A HOLE, YOU KNOW, SO I'M JUST SHOWING WHAT'S GOING ON RIGHT NOW. UM, SO THIS ONE RIGHT HERE, UH, THE, THE POD WAS APPROVED SHOWING OUTDOOR STORAGE, UM, WITH NO SCREENING. THE COUNTY TOLD, UH, THE OWNER TO PUT UP WINDSCREEN, WHICH IS NOT VISUALLY IMPENETRABLE, UM, AS REQUIRED BY THE PROFFER. I OFFERED TO DO WINDSCREEN. UM, BUT STAFF TOLD ME THAT IT DOESN'T MEET THE, UH, SCREENING REQUIREMENTS. SO THAT WASN'T AN OPTION. UM, THIS PARCEL NEVER HAD SCREENING ON IT, EVER. POD WAS APPROVED WITHOUT IT EVER BEING THERE. UM, I, YOU KNOW, I DON'T KNOW WHY YOU THINK THIS SHOULDN'T BE SCREENED, YOU KNOW, UM, CONSTRUCTION, ANOTHER CONSTRUCTION YARD, NO SCREENING. UM, MORE STORAGE, NO SCREENING. MORE STORAGE, NO SCREENING. YOU KNOW, YOU GET, YOU GET THE PICTURE HERE. I MEAN, LIKE, SO HOPEFULLY YOU UNDERSTAND WHY THIS IS SO FRUSTRATING. UM, THIS PARCEL, THIS IS ACTUALLY THE PARCEL RIGHT BEHIND ME. UM, WE SHARE A PROPERTY LINE RIGHT NORTH TO SOUTH, NO SCREENING. THIS IS ANOTHER CONSTRUCTION COMPANY. HUGE GAP IN SCREENING. NEVER THERE. OKAY? UM, MORE OUTDOOR STORAGE. THIS IS A DIFFERENT PARCEL. THESE ARE ALL DIFFERENT [01:35:01] PARCELS, OKAY? THIS IS NOT LIKE IT'S ONE PARTICULAR PARCEL. SO, UM, THAT, THAT, THAT KIND OF RUNS THROUGH THAT SECTION OF IT. UM, SO, YOU KNOW, IT'S IMPORTANT TO ME THAT I CAN BE A FAMILY MAN AND MINIMIZE MY TIME DRIVING TO AND FROM WORK, RIGHT? SO I COULD BUY LAND OUT IN MIDPOINT. I COULD DRIVE 30 MINUTES EACH WAY. THIS IS FIVE MINUTES FROM HOME. I SHOULDN'T HAVE TO MAKE A CHOICE BETWEEN DRIVING FIVE MINUTES OR 30 MINUTES BECAUSE THAT 25 MINUTE DELTA IS TIME THAT I CAN SPEND WITH MY KIDS TIMES TWO EVERY DAY. YOU KNOW? UM, THEY'RE HERE WITH ME TONIGHT. UM, MY PARENTS ARE HERE, MY WIFE LEFT WITH ONE OF THEM. UM, AND YOU KNOW, I SHOULDN'T HAVE TO CHOOSE BETWEEN TALKING TO THEM ON THE PHONE 'CAUSE I HAVE TO DRIVE. AND BEING ABLE TO JUST BE CLOSE TO HOME AND BE TREATED LIKE EVERYBODY ELSE. THAT'S WHAT THIS BOILS DOWN TO FOR ME, YOU KNOW, IS TREAT ME LIKE EVERYONE ELSE HAS BEEN TREATED. GIVE ME THE SAME, YOU KNOW, LET ME DO THE EXACT SAME THING THE EXACT SAME WAY, OR MAKE EVERYBODY ELSE COMPLY. BUT UNFORTUNATELY, OUR, OUR OUR, THE WAY WE'RE SET UP HERE IN THE COUNTY, WE'RE COMPLAINT, WE'RE COMPLAINT DRIVEN ON ZONING VIOLATIONS, RIGHT? AND, YOU KNOW, SO WHAT, WHAT DO YOU DO? YOU KNOW, DO YOU MAKE THE NEW GUY FOLLOW THE LAW IN A WAY THAT YOU HAVEN'T MADE ANYBODY ELSE FORCE HIM TO FOLLOW IT? OR DO YOU CHANGE THE LAW? SO THAT'S WHY I'M STANDING HERE TONIGHT IS TRY TO CHANGE THE LAW BASICALLY. 'CAUSE THAT'S WHAT YOU HAVE TO DO TO PROFFER. UM, YOU KNOW, LAST NIGHT WE'RE RIDING HOME FROM DINNER. IT WAS MY, UH, NOW SIX YEAR OLD'S BIRTHDAY. UM, THE ONE THAT HAD TO LEAVE EARLIER. UM, MY OLDEST, SHE'S NINE. SHE ASKED WHAT'S GOING ON? UM, AND, YOU KNOW, THIS IS HOW I DESCRIBED IT. THE COUNTY'S MAKING ME DO SOMETHING THAT THEY HADN'T MADE ANYBODY ELSE DO. I, I, I THINK THAT'S BASICALLY WHAT IT BOILS DOWN TO. AND I SAID, SO I'M TRYING TO CHANGE THE LAW NOW. AND HER RESPONSE WAS SIMPLE. THAT'S NOT FAIR. UM, SO THAT'S WHY WE'RE HERE. MY PARENTS ARE HERE TONIGHT. I GREW UP IN RETAIL. DO YOU MIND IF I RUN A LITTLE BIT LONG, MR. CHAIRMAN? AN EXTRA MINUTE, IF YOU DON'T MIND. IT HASN'T STARTED GREAT YET. I KNOW, I, I, YEAH, I KNOW. BUT, UH, YOU KNOW, I GREW UP IN RETAIL. CUSTOMER SERVICE IS KING. YOU KNOW, HOW DO YOU, HOW DO YOU TAKE CARE OF PEOPLE, RIGHT? THAT'S WHAT BOILS DOWN TO. IT'S SIMPLE BASICS. UM, YOU KNOW, SO ULTIMATELY THIS CASE IS ABOUT THE COUNTY HELPING TO MAKE RIGHT ON THEIR MISTAKES FROM THE PAST. UM, THE QUESTION YOU HAVE TO ASK YOURSELF TONIGHT IS, DO YOU WANT TO BE BUSINESS FRIENDLY AND SUPPORT GROWTH MIND TO KEEP, IT'S ALMOST DONE. HAVE TO KEEP GOING A LITTLE BIT LONGER. UM, JUST FINISH UP PLEASE. OKAY? YEAH. THANK YOU. UM, OR DO YOU WANNA STAND IN THE WAY? DO YOU WANNA DO THE RIGHT THING? DO YOU WANNA MAKE IT HARDER FOR THE NEW GUY THAN IT'S BEEN FOR EVERYONE IN THE PAST? THE COUNTY I REMEMBER FROM A COUPLE YEARS AGO, UM, WOULD BE GOING OVERBOARD AND SUPPORT OF THIS, THE UCHIN COUNTY. I REMEMBER TODAY, YOU CAN HEAR BITS AND PIECES OF WHAT I'VE BEEN THROUGH. UM, IT'S BEEN WORSE THAN A ROOT CANAL. AT LEAST YOU GET NOVOCAINE FOR THAT, YOU KNOW? UM, SO AT THE END OF THE DAY, YOU GOTTA START SOMEWHERE TO ENFORCE THE LAW OR YOU GOTTA CHANGE IT. SO, YOU KNOW, BUT THE ENFORCEMENT NEEDS TO BE EQUAL AND FAIR AND WITHOUT PREJUDICE OR PREFERENCE. UH, AND THAT'S WHERE WE FAILED SO FAR. UM, AND I'M GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. MR. WIENER? YES, SIR. EVAN, PLEASE. I'M SORRY, MRS. OVER THERE. UM, I'D LIKE TO READ A SENTENCE FROM MY PACKAGE. YES, SIR. UH, THAT STATES, THE APPLICANT PURCHASED THE PROPERTY ON MAY 30TH, 2024. PRIOR TO THE PURCHASE, HE WAS SUPPLIED WITH A ZONING COMPLIANCE LETTER DATED MARCH 19TH, 2024, WHICH HAS CONFIRMED THE INSUFFICIENT SCREENING AND THE REQUIREMENTS FOR COMPLIANCE WITH A NEW PLAN OF DEVELOPMENT. IS THAT TRUE? UH, THAT IS, THAT, THAT IS AN ACCURATE STATEMENT TAKEN OUTTA CONTEXT. SO, SO WHAT, WHAT'S LEFT OUTTA THAT IS THAT I HAD A LEGALLY BINDING CONTRACT IN PLACE TO PURCHASE THE PARCEL. SO IF, IF, YOU KNOW, BECAUSE I, I PUT THE PARCEL IN THE CO I I DON'T HAVE THE DATES IN FRONT OF ME RIGHT NOW. YEAH, YEAH. BUT REGARDLESS, BEFORE I REQUESTED THE ZONING CONFIRMATION LETTER, OKAY. I, UH, PUT A, PUT A CONTRACT ON THE PARCEL. IT'S A BINDING CONTRACT, YOU KNOW, I PLACED, I PLACED A CASH DEPOSIT WITH THE SELLER. UM, AND, YOU KNOW, THEN I REQUESTED THE ZONING CONFIRMATION LETTER THINKING IT'S JUST TO DOT THE I'S AND CROSS THE T'S. YOU KNOW, I WAS HAVING SEEN WHAT I'VE SEEN IN THERE. THAT'S WHY I WAS SO SURPRISED. AND WE STARTED A DIALOGUE WITH STAFF IMMEDIATELY TRYING TO FIND A, FIND A DIFFERENT RESOLUTION THAN THIS TONIGHT, YOU KNOW? OKAY. SO, YOU KNOW, AND I, YOU KNOW, IT IS WHAT IT IS AT THIS POINT NOW. SO, YOU KNOW, ULTIMATELY IT'S SIMPLE. WE JUST WANNA BE TREATED LIKE EVERYBODY ELSE. SO, ANY OTHER QUESTIONS AT TIME OR, OR DO YOU WANNA CIRCLE BACK AFTER, UM, AFTER COMMENTS? ANYONE HAS ANY? NO, THAT'S GOOD. THANK YOU. WE HAVE THE, UH, OPEN PUBLIC, OPEN PUBLIC HEARING AGAIN. YOU HAVE, UH, UM, THREE MINUTES TO SPEAK. ONCE THE LIGHT TURNS GREEN, YOU CAN START. WHEN IT GOES YELLOW, [01:40:01] YOU, UH, YOUR TIME IS GETTING CLOSE TO ENDING. AND OF COURSE, WHEN IT'S RED, YOUR TIME IS EXTINGUISHED. IF THERE'S ANYONE WHO WANTS TO COME FORWARD, YOU CAN COME FORWARD. AGAIN, STATE YOUR NAME AND YOUR ADDRESS. SEEING THAT NO ONE WISHES TO SPEAK, I'LL CLOSE THE PUBLIC COMMENT PERIOD. I HAVE ANY OTHER QUESTIONS THAT WOULD DO MOTION? WELL, I GUESS IN TERMS OF CONVERSATION UP HERE, UM, I DON'T KNOW THAT THIS IS THE RIGHT VENUE FOR CHANGING THE LAW, WHICH IS WHAT HAS BEEN PROPOSED HERE. THAT THIS ISN'T, THIS ISN YOU, YOU KNOW, THIS IS AN ATTEMPT TO CHANGE THE LAW. UM, AND I HAVEN'T REALLY HEARD ANY COMPELLING REASON WHY THE COUNTY'S REQUIREMENTS SHOULD BE IGNORED. NOT THAT THEY, NOT THAT THEY SHOULDN'T BE ENFORCED ON OTHER PROPERTIES AS WELL. UH, AND I BELIEVE THEY'LL, THEY'LL BE INVESTIGATING THAT. UH, AM AM I RIGHT ABOUT THAT? YEAH, GO AHEAD. PLEASE COME FORWARD. THANK YOU. UH, IT'S MY UNDERSTANDING, ALTHOUGH, UH, MR. WIENER DID STATE HE WASN'T PROVIDING A FORMAL COMPLAINT. NOW THAT IT IS ON PUBLIC RECORD, I BELIEVE WE ARE OBLIGATED TO LOOK INTO EACH OF THE PARCELS AND SEE IF THERE IS INDEED A VIOLATION FOR THOSE. OKAY. UH, I, I JUST WANNA ADD TO THAT, UH, SORRY, NOT, NOT, NOT TO TALK DR. TO TALK DR. RAIL UNDER THE BUS IN HIS FIRST MONTH. UH, BUT DR. RAIL AND I DID HAVE A VERBAL CONVERSATION LAST NIGHT JUST CONFIRMING THAT, YOU KNOW, AS LONG AS I PREFACE MY REMARKS WITH, WITH THE FACT THAT, YOU KNOW, THE STATEMENT THAT THESE ARE NOT COMPLAINTS, UH, THAT IT WOULD NOT BE CONSIDERED A COMPLAINT. ALRIGHT? SO, UH, ALRIGHT, WELL, AGAIN, THIS IS, THIS IS A, A COUNTY WHERE ENFORCEMENT IS COMPLAINT BASED. I'M FULLY AWARE OF THAT. AND, AND IF THERE IS NOT A COMPLAINT UNTIL THERE IS A COMPLAINT, UM, THEN I GUESS WE LET THOSE NEIGHBORING PROPERTIES BE THE BE THE WAY THEY ARE. BUT I DON'T, THEY DON'T HEAR, I DON'T HEAR A COMPELLING REASON OTHER THAN THAT. UH, WELL, WHY WE WOULD IGNORE THE CURRENT REQUIREMENTS OF THE COUNTY THAT YOU WERE AWARE OF. UH, IF YOU WANT TO, UM, UH, SO I THINK WHAT I WOULD SAY TO YOU, MR. KIMBERLY, IS THAT, UH, I UNDERSTAND WE'RE COMPLAINT DRIVEN. OKAY? RIGHT. THIS, THIS ISSUE, I, I WANNA BE CLEAR, THIS IS NOT BECAUSE FOLKS CAME IN, DID PODS SHOWED ONE THING ON THEIR POD AND DID SOMETHING ELSE IN, IN GENERAL MM-HMM . THERE, THERE ARE DEFINITELY SOME LITTLE SMALL THINGS ALONG THOSE LINES, BUT AS I HIGHLIGHTED IN MY SLIDES, THIS IS SOMETHING WHERE STA YOU KNOW, STAFF FAILED TO REQUIRE FOLKS TO COMPLY WITH THE PROFFERS WHEN THEY WERE INVOLVED. AND IN THIS, ON THIS SUBJECT PARCEL IN PARTICULAR, STAFF WAS INVOLVED FROM, FROM A, FROM A CD STANDPOINT ON THREE SEPARATE OCCASIONS AND NEVER NOTED ANY DEFICIENCIES IN THE SCREENING. UH, I'M SORRY, ANY VIOLATIONS OR WHAT'S THE RIGHT WORD? UM, STAFF NEVER INDICATED THAT THE SCREENING WAS INSUFFICIENT, UH, IN TERMS OF SCREENING THE PROPERTY, BECAUSE I DON'T THINK PEOP, I DON'T THINK STAFF, AND AGAIN, NO ONE, NO ONE THAT NO ONE THAT WAS INVOLVED IS HERE TONIGHT. YOU KNOW? BUT STAFF DIDN'T REALIZE, I THINK THAT THIS PROFFER EXISTED BECAUSE YOU, YOU, OUTDOOR STORAGE IS PERMITTED BY RIGHT. WITHOUT SCREENING AN M TWO. AND SO, AS AN HONEST, HONEST MISTAKE, STAFF NEVER ENFORCED THAT WHEN THEY WERE REVIEWING PODS OR WHEN THEY WERE DOING, UH, AN INSPECTION FOR A SCREENING VIOLATION ON THIS EXACT PARCEL. SO, YOU KNOW, I HAD HOPED TO HAVE A LITTLE BIT OF THIS DISCUSSION WITH, WITH Y'ALL PRIOR TO TONIGHT, UM, BECAUSE, YOU KNOW, IT IS THERE, THERE, IT, IT ULTIMATELY BOILS DOWN TO AN UNFORTUNATE STRING OF EVENTS, YOU KNOW? AND, UM, I, THERE'S ALWAYS, THERE'S ALWAYS OPPORTUNITY TO DO BETTER, YOU KNOW? SURE. I, YOU KNOW, I COULD HAVE BACKED OUTTA THE CONTRACT, I COULD AFFORD FOR MY DEPOSIT, YOU KNOW, I COULD END UP IN COURT OVER THIS WITH THE SELLER. UM, YEAH, HE IS A FRIEND, BUT BUSINESS IS BUSINESS. RIGHT? RIGHT. UM, YOU KNOW, OR, UH, YOU KNOW, STAFF COULD HAVE CAUGHT THE PROFFER [01:45:01] WHEN THEY WERE REVIEWING P YOU KNOW, COUNTLESS PODS AND ENFORCED IT. YOU KNOW, IF YOU GO RIDE THROUGH THIS INDUSTRIAL PARK, I THINK THAT YOU WOULD HAVE THE EXACT SAME IMPRESSION OF WHAT SCREENING REQUIREMENTS EXIST AS I DID PRIOR TO PUTTING THAT CONTRACT, PRIOR TO SIGNING WITH THE DOTTED LINE ON THAT CONTRACT. YOU KNOW, SO IS THERE A WAY TO COMPLY? YEAH. YOU KNOW, YOU PUT UP, YOU ME PUT UP AN EIGHT FOOT TALL WOOD FENCE AROUND THE PROPERTY, I COULD DO THAT. YOU KNOW? DO YOU, DO YOU THINK THAT WOULD FIT IN WITH, WITH THE OVERALL GOAL OF CREATING AN ATTRACTIVE ENVIRONMENT? I DON'T THINK SO. YOU KNOW, DO YOU WANNA LOOK AT AN EIGHT FOOT TALL WOOD FENCE? I, I WOULDN'T, YOU KNOW, BUT THAT WOULD MEET THE SCREENING PROFFER, YOU KNOW, OR THE OTHER OPTION IS I SACRIFICE 30 FOOT OF LAND ON THE SIDES OF MY PROPERTY BECAUSE THE LAND ON THE ADJACENT PROPERTY, THE SCREENING THAT'S ON THE ADJACENT PROPERTY DOESN'T COUNT FOR ME. RIGHT. AND AT $150,000 AN ACRE, THAT 30 FOOT STRIP, YOU KNOW, TO PLANT A DOUBLE ROW OF, OF EVERGREENS, THAT'S PROBABLY A HUNDRED GRAND WORTH OF LAND. AND IT'S NOT LIKE WE HAVE AN ABUNDANCE OF INDUSTRIAL LAND IN THIS COUNTY, OR AN ABUNDANCE OF LAND ZONED INDUSTRIALLY IN THE COUNTY. YOU KNOW? SO I, I'M, I'M NOT SAYING THAT I'M PERFECT, I'M NOT SAYING THAT I COULDN'T HAVE DONE DIFFERENTLY, BUT, YOU KNOW, I'VE SPENT THE PAST YEAR PLUS TRYING TO FIGURE OUT ANOTHER WAY TO SOLVE THIS SITUATION SHORT OF STANDING IN FRONT OF Y'ALL TONIGHT WITH THE, UH, WITH THE ATTITUDE I HAVE. AND I'M, I'M SORRY FOR COMING OFF AS ABRASIVE, BUT THIS IS OKAY, YOU KNOW. ALRIGHT. THESE GRAYS ARE BECAUSE OF THIS . THANK YOU. SO, ALL RIGHT. ANYWAY, UH, THAT, THAT, THAT'S, THAT WAS JUST, THAT'S MY CONCERN. I DON'T KNOW IF THERE'S ANY OTHER DISCUSSION UP HERE. NO, NO. ALRIGHT. THERE BEING NO FURTHER DISCUSSION IS, IS THERE A MOTION ON THE FLOOR? WELL, BASED ON THE INFORMATION THE STAFF REPORT FROM THE PUBLIC HEARING, I MOVE THAT THE COMMISSION COMMEND DENIAL OF REZONING RZ 2020 5 0 0 0 0 3, BIG DADDY'S OILVILLE OFFICE, LANDHOLDING CORPORATION, LLC, WITH PROFFERED CONDITIONS ON THE GROUNDS THAT, UH, IT'S NOT IN KEEPING WITH THE, UH, IT'S NOT IN, IN, IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. UH, THAT'S, THAT'S I SECOND MR. CHAIR, MAY I CORRECT ONE THING? YES, GO AHEAD. MR. KIMBERLY, DID I UNDERSTAND YOU TO SAY REZONING? BECAUSE I BELIEVE THIS IS A PROFFER AMENDMENT AND I JUST WANNA MAKE SURE WE'RE VOTING ON THE RIGHT THING. ALRIGHT. UM, IT DOES SAY, IT SAYS REZONING. IT DOES SAY REZONING. IT SAYS REZONING. OKAY. IT'S BEEN PROPERLY MOVED IN SECOND. CAN WE HAVE A ROLL CALL? VOTE PLEASE. YES, SIR. MR. COSBY. UM, AYE. ALL RIGHT, MR. PUCK. AYE. MR. KIMBERLY AYE, THE MOTION TO RECOMMEND DENIAL PASSES ON A THREE OH VOTE. THIS CASE IS TENTATIVELY SCHEDULED TO BE HEARD BY THE BOARD OF SUPERVISORS ON SEPTEMBER 4TH, 2025. IT MOVED FORWARD WITH A RECOMMENDATION OF DENIAL FROM THE PLANNING COMMISSION. IF THERE'S NO OTHER BUSINESS, I WILL CALL THIS MEETING ADJOURNED. THANK YOU, SIR. * 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.