Jan 13, 2021 Planning Commission

AGENDA ITEM NUMBER FOUR, WHICH IS OUR APPROVAL.

ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE REPUBLIC FOR WHICH IT ONE WAY UNDER GOD, INDIVISIBLE WITH LIBERTY FOR ALL .

HEY, THANK YOU.

AND WE'LL MOVE TO OUR

[4. Approve Minutes]

OUR MINUTES FROM OUR NOVEMBER 18TH, 2020 AND OUR DECEMBER 9TH, 2020 MEETING.

ARE THERE ANY AMENDMENTS ADDITIONS OR CHANGES TO THE MINUTES THAT WAS INCLUDED WITH YOUR PACKET? YEAH.

NO.

I JUST LIKE TO ASK IF THERE IS ANYONE LISTENING AGAIN TO THE MEETING THAT HAS ANY COMMENTS THAT ARE NOT CURRENTLY LISTED AS PART OF OUR AGENDA.

I'M HEARING A LOT OF NOS.

I DON'T HAVE ANY MYSELF, SO I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES FROM THE NOVEMBER 18TH AND DECEMBER 9TH, 2020 MEETING.

I MOVE, WE ACCEPT THE MINUTES AS WRITTEN.

THANK YOU, MR. CRINER.

WE HAVE A MOTION ON THE TABLE TO APPROVE THE MINUTES FROM THE NOVEMBER 18TH AND DECEMBER NINE, 2020 MEETING MS. LINDEN BIGLER, PLEASE CALL THE ROLL.

THE MOTION BY MR. CRINER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 18, 2020 AND DECEMBER 9TH, 2020, MR. JOHNS, MR. TITUS MISLEADER YES.

YES, I SHOULD PASS THIS SEVEN TO ZERO.

THANK YOU VERY MUCH.

AND THAT TAKES US TO ITEM NUMBER FIVE, WHICH OURS, WHICH IS OUR CITIZEN COMMENT PERIOD.

[00:05:01]

NOW'S THE TIME TO ADDRESS THE COMMISSION.

UH, MR. ANDERSON, DO YOU HAVE ANYBODY THERE IS ANYONE WHO WOULD LIKE TO SPEAK IF YOU COULD GO TO THE PARTICIPANT PANEL AND THEN SELECT RAISE YOUR HAND.

I WILL BE HAPPY TO BRING YOU INTO THE MEETING.

IF YOU ARE ON THE PHONE, IT IS STAR EIGHT.

TO BE ABLE TO RAISE YOUR HAND, I'LL GIVE YOU ABOUT 20 SECONDS AND THEN WE'LL MOVE ON.

HI, MR. KING.

I DON'T SEE ANYONE RAISING THEIR HAND.

TO, UH, ITEM NUMBER SIX, WHICH IS OUR PUBLIC HEARINGS.

THANK YOU, MR. ANDERSON, I'M HEARING NANDA AND WE'LL MOVE ON

[Application No. PD-55-21, Schottenstein Realty Company]

AND OUR FIRST PUBLIC HEARING IS APPLICATION NUMBER PD DASH 55 DASH 21 SHOT AND STEIN REALTY COMPANY.

AND I THINK MR. CROSS, THIS IS YOU.

WHICH THE APPLICANT IS PROPOSING TO CONVERT INTO AN OUTDOOR SWIMMING POOL.

GOOD EVENING, MR. CHAIRMAN MEMBERS OF THE COMMISSION.

JUST GIVE ME A SECOND HERE TO SHARE MY SCREEN.

ABSOLUTELY.

HOLD ON.

OKAY, HERE WE GO.

UH, THE APPLICATION, THE APPLICANT IS SHOT AND STAIN REALTY COMPANY.

AND THIS APPLICATION IS A REQUEST TO REZONE 6.4 ACRES ON MERRIMACK TRAIL FROM GENERAL BUSINESS TO PLAN DEVELOPMENT.

RESIDENTIAL THE PROPERTY OUTLINED IN BLUE ON THE ZONING MAP IS ON THE WEST SIDE OF MERRIMAC TRAIL BETWEEN THE HUDGINS HOLIDAY CHEVROLET CADILLAC AUTO DEALERSHIP TO THE NORTH AND A CVS PHARMACY TO THE SOUTH JAMES OR PLAZA SHOPPING CENTER IS LOCATED ACROSS MERRIMACK TRAIL PROPERTY BACKS UP TO MIDDLETOWN FARMS, SINGLE FAMILY, RESIDENTIAL SUBDIVISION, UH, ON OFF OF PENNIMAN ROAD.

UH, MOST OF THE SURROUNDING THE PROPERTY IS OWNED GB AND MOST OF THE SURROUNDING ZONING IS GB UP AND DOWN MERRIMAC TRAIL AND SECOND STREET.

UH, BUT WE DO HAVE, UH, OUR 13 ZONING, UH, TO THE WEST AND THE RCS ZONING THAT YOU SEE THERE TO THE SOUTH IS MAGRUDER ELEMENTARY SCHOOL.

WELL, AS YOU CAN SEE, THE PROPERTY IS NOT TOO FAR FROM THOSE, THE WAYNESBURG AND JAMES CITY COUNTY, UH, CORPORATE LIMITS.

THIS IS AN AERIAL PHOTO OF THE PROPERTY.

IT IS OCCUPIED BY THE GEORGE WASHINGTON IN A HOTEL AND CONFERENCE CENTER.

UH, THERE WAS ALSO A, AN OUTBUILDING ON THE NORTHERN CORNER OF THE PROPERTY, WHICH WAS FORMERLY MANY YEARS AGO, USED AS A RESTAURANT, UM, THAT, UH, BUILDING IS ACTUALLY SLATED TO BE DEMOLISHED AS PART OF THIS APPLICATION, UH, TO THE REAR OF THE MOTEL BUILDING IS THE CONFERENCE AND BUILDING THAT TO IS SLATED TO BE DEMOLISHED AS PART OF THIS APPLICATION.

UH, THERE ARE THREE EXISTING ENTRANCES OFF ONE 43 MERRIMACK TRAIL.

IN ADDITION TO THE SHARED ENTRANCE WITH THE CVS PHARMACY.

UH, ONE OF THESE ENTRANCES ALSO IS SLATED TO BE DEMOLISHED AS PART OF THIS APPLICATION.

THE, THIS IS THE GEORGE WASHINGTON AND AS SEEN FROM MERRIMACK TRAIL, THE MOTEL HAS BEEN IN DECLINE FOR A NUMBER OF YEARS.

UM, IN FACT, IN 2012, THE BOARD OF SUPERVISORS A PROVED AS SPECIAL USE PERMIT APPLICATION TO CONVERT THE MOTEL INTO ST YOUR HOUSE.

UH, THE APPLICATION WAS APPROVED, BUT, UM, THE PROPERTY SALE FELL THROUGH.

AND SO THAT PROJECT NEVER HAPPENED.

THERE HAVE BEEN A NUMBER OF INQUIRIES OVER THE YEARS, UH, FROM DIFFERENT PROSPECTIVE DEVELOPERS WANTING TO DO SOMETHING WITH THIS, UH, PROPERTY.

THIS IS THE OUTBUILDING, LIKE I SAY, AS I SAID, IT WAS FORMERLY USED AS A RESTAURANT, UH, WHICH IS TO BE DEMOLISHED AND REPLACED WITH A LANDSCAPE GREEN AREA.

AND THEN TO THE REAR OF THE BUILDING, THIS IS THE OUTDOORS INDOOR SWIMMING POOL,

[00:10:01]

THE BUILDING THAT YOU SEE OVER HERE ON THE LEFT IS THE CONFERENCE CENTER BUILDING, WHICH I MENTIONED IS TO BE DEMOLISHED AND REPLACED WITH WHAT THE APPLICANT DESCRIBES AS A BEER GARDEN STYLE RECREATION AREA, OUTDOOR AREA, INCLUDING BARBECUE STATION.

AND THEN THIS IS, UH, THE REAR OF THE, UM, MOTEL PROPERTY.

AND YOU CAN SEE THE, UH, UH, THE LANDSCAPING, THE BUFFER ON THE LEFT-HAND SIDE.

UH, THIS IS ADJACENT TO THE MIDDLETOWN FARMS, RESIDENTIAL SUBDIVISION, THE EXISTING PYLON SIGN IN FRONT OF THE BUILDING IS, UH, AS THERE WAS A CONDITION OF APPROVAL THAT WOULD REQUIRE THIS SIGN TO BE REPLACED WITH A, UH, MONUMENTS GROUND MOUNTED MONUMENT SIGNS.

THIS IS A VIEW FROM THE REAR.

THIS IS HARROP LANE, WHICH IS A SUBDIVISION STREET IN MIDDLETOWN FARMS THAT RUNS RIGHT UP TO THE PROPERTY LINE.

SO YOU CAN SEE PORTIONS OF THE MOTEL BUILDING THROUGH THE TREES THERE, THERE'S LANDSCAPING UP AND DOWN.

UH, THAT PROPERTY LINE, THE APPLICANT IS PROPOSING TO CONVERT THE MOTEL INTO A 250, APPROXIMATELY 250 ROOM HOTEL CONVERTED INTO A YEAR ROUND NON-TRANSIENT OCCUPANCY AND APARTMENT COMPLEX OF 125 UNITS WITH A MIX OF ONE BEDROOM, TWO BEDROOM AND STUDIO UNITS, SUBJECT TO VOLUNTARILY PROFFERED CONDITIONS.

ONE OF THOSE CONDITIONS THAT THERE WOULD BE NO MORE THAN 32 BEDROOM UNITS.

SO IT WOULD BE MAINLY STUDIO, A ONE BEDROOM AND STUDIO APARTMENTS.

I MENTIONED THE DEMOLITION OF THE OUTBUILDING AND THE CLOSURE OF THE ENTRANCE ON MERRIMACK TRAIL.

UH, THEY HAVE, UH, PROFFERED TO, UH, IMPROVE THE BUILDING FACADE.

AND I'LL SHOW YOU IN A MINUTE WHAT THAT WOULD LOOK LIKE.

AND IT ALSO PROFFERED A SERIES OF RECREATIONAL AMENITIES, WHICH IS REQUIRED BY THE PDR ORDINANCE PLAN DEVELOPMENT, RESIDENTIAL, AND INCLUDING THE POOL, A DOG PARK, UH, BEER GARDEN ON, UH, AS WELL AS VARIOUS INDOOR AMENITIES FOR THE RESIDENTS OF THE APARTMENT COMPLEX.

I SHOULD NOTE THAT THERE ARE ACTUALLY A FEW YOUR COUNTY SCHOOL STUDENTS ACTUALLY LIVING IN THE MOTEL.

THIS IS THE SKETCH PLAN FOR THE PROPOSED ADAPTIVE REUSE.

AND, UH, LET ME NOTE A FEW OF THE SIGNIFICANT FEATURES AS YOU CAN SEE OVER ON THE LEFT-HAND SIDE, UH, WHAT IS NOW A GRAVEL, UH, AREA, WHICH IS, UH, HAD POOR DRAINAGE AND FULL OF POTHOLES IS GOING TO BE REPLACED WITH A LANDSCAPE GREEN SPACE AND SAME ON THE OTHER END OF THE PROPERTY, THE BUILDING THAT'S GOING TO BE DEMOLISHED, GOING TO BE REPLACED WITH, UH, UH, GREEN SPACE LANDSCAPING.

THERE IS, UH, LANDSCAPING, UH, PROPOSED ADDITIONAL LANDSCAPING APPROACH, UH, PROPOSED THROUGHOUT THE PROPERTY.

THEY ARE PLANNING TO INSTALL A SIDEWALK ALONG THE ENTIRE PROPERTY FRONTAGE THAT WOULD TIE IN TO THE EXISTING SIDEWALK, UH, TO THE NORTH, WHICH, UH, WAS DONE AS PART OF A COUNTY SIDEWALK PROJECT.

UH, GOSH, ABOUT, UH, 13, 14 YEARS AGO, THEY ARE ALSO PLANNING TO INSTALL A SHOULDER BIKE LANE ALONG MERRIMACK TRAIL, WHICH THE, OR REGIONAL BIKEWAY PLAN CALLS FOR, UH, THIS IS THE, WHAT WILL WOULD BECOME IF THE APPLICATION IS APPROVED, THE OUTDOOR POOL, THE RECREATION AREA, THE BEER GARDEN, ET CETERA.

AND THEN I MENTIONED THE REMOVAL OF THE CONFERENCE CENTER BUILDING AND WOULD BE REPLACED WITH GREEN SPACE AND LANDSCAPING.

YOU CAN SEE THE WALKWAYS THROUGHOUT THE PROPERTY, UM, TO THE REAR HERE ADJACENT TO MIDDLETOWN FARMS. UH, WHAT IS NOW A VARIABLE WITH BUFFER OF 14 TO 18 FEET? WE'LL, IT'LL BE WIDENED TO ROUGHLY 34 TO 37 FEET.

AND, UH, THEY'RE GOING TO ACCOMPLISH THAT BY TAKING OUT A ROW OF PARKING, UH, WHILE STILL MEETING THE PARKING REQUIREMENTS.

SO THEY'RE GOING TO INCREASE THE WIDTH OF THAT BUFFER.

THEY'RE ALSO GOING TO PLANT ADDITIONAL LANDSCAPING.

UM, THEY'RE GOING TO, UH, EVEN THOUGH THE WIDTH OF THE BUFFER IS, UH, 30 UP TO 37 FEET, UH, THEY ARE GOING TO PLANT IT WITH HEAVIER LANDSCAPING AS IF IT WERE A 50 FOOT BUFFER.

SO THERE ARE SPECIFIC STANDARDS IN THE ZONING ORDINANCE FOR, UH, NUMBERS OF TREES,

[00:15:01]

UH, PER LINEAR FOOT.

AND SO, UH, IT WOULD BE HEAVIER LANDSCAPING THAN WOULD NORMALLY BE REQUIRED FOR A BUFFER OF THIS TYPE.

UH, IN ADDITION TO THAT, THEY ARE PROPOSING A PRIVACY FENCE, A SOUND BARRIER, UH, AT THE END OF HARROP LANE FOR DISTANCE OF 150 FEET, UH, TO PROVIDE SOME SCREENING BUFFERING FOR THIS HOUSE, UH, FROM THE OUTDOOR POOL AND REC AREA.

UH, OBVIOUSLY AN OUTDOOR POOL IS GOING TO, UH, GENERATE MORE NOISE THAN WOULD AN INDOOR POOL.

UH, SO TO ADDRESS THAT, UH, THEY ARE PROPOSING THIS BARRIER HERE.

UH, THE REST OF THE, THE, UH, OVER ON THE OTHER SIDE, THERE APPEARS TO BE, UH, ENOUGH LANDSCAPING, UM, SUCH THAT IT WOULD NOT BE A PROBLEM.

AND, UH, LET'S SEE, AND THOSE ARE OKAY.

THOSE ARE THE MAIN FEATURES OF THE SKETCH PLAN.

UH, THEY ARE PROPOSING ADDITIONAL LANDSCAPING IN THE PARKING LOT AND ADJACENT TO THE AUTO DEALERSHIP, UH, AS WELL AS OVER HERE ON THE CVS SIDE, I MENTIONED THE CRAWFORD, UH, BUILDING, UH, FACADE.

SO THEY'RE PROPOSING TO UPGRADE THE EXISTING BUILDING, UH, WAS THE NEW, UH, NEW FACADE.

THAT'S A LITTLE MORE IN LINE WITH SURROUNDING DEVELOPMENT.

UM, AND THAT IS PART OF THE PROFFERS.

SO, UH, THAT'S SOMETHING THAT WOULD BE REQUIRED IF THIS APPLICATION IS APPROVED.

THE APPLICANT IS DESCRIBING, UH, THIS PROJECT AS WORKFORCE TYPE HOUSING AND THE TERM WORKFORCE HOUSING REALLY REFERS TO, UH, HOUSING.

THAT'S AFFORDABLE TO, UH, PEOPLE WITH, UH, IN THE WORKFORCE WHO HAVE, UH, TYPICALLY LOWER THAN AVERAGE WAGES.

UM, SOME OF THE TARGETED RENTS ARE SHOWN HERE 600, 600 A MONTH FOR A STUDIO APARTMENT UP TO 1150 FOR A TWO BEDROOM.

AND YOU CAN SEE, OR I HOPE YOU CAN SEE IT MIGHT BE BLOCKED BY THE, UH, ZOOM PICTURES HERE, BUT, UH, I HOPE YOU CAN SEE IT.

IT SHOWS, UH, THE CORRESPONDING, UH, UH, MINIMUM, UH, AFFORDABLE INCOME, UH, THAT CORRESPONDS WITH THOSE RENTS BASED ON THE RULE THAT NOBODY SHOULD PAY, UH, 30% MORE THAN 30% OF THEIR INCOME ON HOUSING.

AND THAT'S A PRETTY STANDARD RULE OF THUMB.

SO IT'S A PRETTY SIMPLE CALCULATION THERE.

UH, IMPORTANT TO NOTE THAT, UM, WE DO HAVE LANGUAGE IN THE COMPREHENSIVE PLAN, TALKS THE NEED FOR AFFORDABLE HOUSING WORKFORCE HOUSING.

UH, AND THIS PROJECT WOULD HIT THOSE INCOME TARGETS THAT WE TALKED ABOUT IN THE COMP PLAN.

THAT WOULD BE 30%, 50% AND 80% OF THE AREA MEDIAN INCOME.

UM, AND NOW THERE IS NO GUARANTEE THAT THESE ARE THE RENTS THAT WILL ACTUALLY BE CHARGED.

UM, THERE ARE SOME FACTORS, SOME FEATURES TO THIS PROJECT THAT ARE PROBABLY GOING TO LIMIT HOW MUCH RENT CAN BE CHARGED, UH, MOST NOTABLY THE RELATIVELY SMALL SIZE OF THE UNITS.

UM, YOU'RE BASICALLY TALKING ABOUT GOING FROM, UH, WELL, ONE, ONE, ONE ROOM PER TWO EXISTING MOTEL ROOMS. SO IF YOU CAN KIND OF IMAGINE YOUR HEAD, UH, WHAT THAT WOULD LOOK LIKE.

UH, AND, AND AS I SAID, SOME OF THOSE ARE GONNA BE STUDIO APARTMENTS, SO THERE WILL BE A RANGE OF, UH, UNIT SIZES, UM, AND OTHER THINGS SUCH AS THE LACK OF A CENTRAL HEATING AIR, UH, AIR CONDITIONING SYSTEM, THEY'RE GONNA USE THE EXISTING HPAC SYSTEM, UH, THAT YOU TYPICALLY FIND IN HOTELS AND MOTELS.

SO I THINK THE MARKET IS GOING TO DICTATE OR, OR LIMIT, UH, WHAT THE REALISTIC, UH, RENT'S GOING TO BE, BUT I DON'T WANT TO MISLEAD YOU.

THERE'S NO IRONCLAD GUARANTEE THAT THESE OTHER RENTS THAT WILL ACTUALLY, UH, BE CHARGED THE STAFF'S OPINION PROJECT WILL HAVE A SMALLER IMPACT ON SCHOOL ENROLLMENT THAN WOULD A TYPICAL APARTMENT COMPLEX OF THIS SIZE.

AND THAT'S BECAUSE OF THE LOW NUMBER OF TWO BEDROOM UNITS AND THE LACK OF THREE BEDROOM UNITS.

UM, SO YOU CAN SEE THE NUMBERS THERE, AND IT WORKS OUT TO ABOUT AN AVERAGE OF TWO STUDENTS PER GRADE IN EACH OF THOSE THREE SCHOOLS, TOTAL OF 28, UH, UNITS.

I KNOW IT DOESN'T ADD UP TO 28, THAT'S BECAUSE OF ROUNDING, BUT, UH, AND 28 IS, IS OUR ESTIMATE.

UH,

[00:20:01]

CURRENTLY, THERE IS A FEDERAL LAW.

I BELIEVE IT'S THE MCKINNEY VENTO ACT THAT REQUIRES A LOCAL SCHOOL DIVISIONS TO PROVIDE EDUCATIONAL SERVICES, TO, UH, BASICALLY HOMELESS STUDENTS LIVING IN MOTELS.

UH, AND, UH, THERE ARE IN FACT, A COUPLE OF, UH, STUDENTS WHO FALL INTO THAT CATEGORY, UH, BECAUSE OF THE LOW SCHOOL ENROLLMENT.

IT LARGELY BECAUSE OF THE LOW SCHOOL ENROLLMENT IMPACT STAFF BELIEVES THAT THE FISCAL IMPACT OF THIS PROJECT, UH, IS GOING TO BE MILDLY POSITIVE, UM, BASED ON THE AMOUNT OF MONEY THAT'S BEING INVESTED INTO THE PROJECT.

UH, AND AS I SAID, THE, THE VERY LOW SCHOOL ENROLLMENT AND PAY OF SCHOOL ENROLLMENT IS TYPICALLY THE HIGHEST WHEN YOU'RE LOOKING AT FISCAL IMPACT SCHOOL, THE SCHOOL ENROLLMENT IS THE BIGGEST PIECE OF THAT.

HI, YOU SEE THE TRAFFIC COMPARISON HERE BETWEEN, UH, THE PROPOSED APARTMENTS AND WHAT THE MOTEL WOULD GENERATE WOULD BE EXPECTED TO GENERATE 50% OCCUPANCY.

AND WE USE 50% OCCUPANCY BECAUSE THAT'S BASICALLY WHAT THE WILLIAMSBURG AREA MARKET HAS BEEN FOR THE PAST FOUR OR FIVE YEARS, AT LEAST 45 TO 50% RANGE UP UNTIL COVID 19 PANDEMIC.

NOW IT'S MORE LIKE ABOUT 25%.

UM, SO YEAH, COMPARED TO TODAY, UH, THE APARTMENTS ARE GOING TO GENERATE MORE TRAFFIC THAN THE MOTEL DOES.

AND FRANKLY, UH, JUST BASED ON OBSERVATION, UH, EVEN EVEN BEFORE THE PANDEMIC, I THINK 50% OCCUPANCY, UH, IN THIS PARTICULAR CASE MIGHT, MIGHT BE ON THE HIGH SIDE.

UM, UNFORTUNATELY, UH, THE IMPACT ON MERRIMACK TRAIL IS NOT GOING TO BE SIGNIFICANT.

MERRIMACK TRAIL HAS PLENTY OF CAPACITY, AND YOU THOUGHT YOU SEE THE NUMBERS FOR THE APARTMENTS THERE, UH, THAT THOSE DO NOT EVEN MEET OUR ZONING ORDINANCE THRESHOLDS FOR REQUIRING A TRAFFIC IMPACT ANALYSIS, WHICH ARE A THOUSAND DAILY TRIPS AND A HUNDRED TRIPS IN THE PEAK HOUR.

SO TRAFFIC, NOT A BIG ISSUE WITH THIS APPLICATION COMPREHENSIVE PLAN.

WE LOOK AT CONSISTENCY WITH THE COMP PLAN.

WE TEND TO THINK OF FOCUS ON THE LAND USE DESIGNATION AND THIS, IN THIS CASE LAND USE DESIGNATION IS IN FACT GENERAL BUSINESS.

SO YEAH, RESIDENTIAL USE IS NOT CONSISTENT WITH THAT DESIGNATION.

UH, HOWEVER COMP PLAN ALSO HAS PAGES AND PAGES OF GOALS, OBJECTIVES, AND IMPLEMENTATION STRATEGIES, UH, THAT ALSO NEED TO BE CONSIDERED.

AND WE HAVE, UH, AN A CURRENT COMP PLAN.

WE HAVE A NUMBER OF OBJECTIVES AND STRATEGIES, UH, THAT, UH, UH, UH, THAT, UH, THIS PROJECT TOUCHES ON, UH, STRATEGIES REGARDING PROMOTE EMOTIONAL, MODERATELY PRICED HOUSING, ADAPTIVE REUSE OF BLIGHTED PROPERTIES.

WE HAVE MORE AND MORE, UH, PROPERTIES AS THE COUNTY GETS OLDER AND AS THE COMMERCIAL MARKET SHRINKS.

UH, SO THIS, THIS WAS A REAL FOCUS, UH, IN THE, OF THE COMP PLAN IN PREVIOUS YEARS, AND ALSO, UH, IMPROVING OUR COMMERCIAL CORRIDORS FOR OUR SEGMENT THEM UP, UH, AND, AND TRYING TO, UH, MAKE THEM, UH, YOU KNOW, IMPROVE THEIR, BOTH THE AESTHETICS AND THE COMMERCIAL LIABILITY.

AND SO, UH, THIS PARTICULAR APPLICATION ACTUALLY, UH, ACCOMPLISHES ALL OF THOSE THINGS.

LASTLY, I JUST WANT TALK A LITTLE BIT ABOUT WHAT'S BEING MARKETED BY THE THREE LOCALITIES WHEN HE'S BERG JAMES CITY AND NEW YORK IS THE EDGE DISTRICT LOCATED AT THE AGE OF THE THREE LOCALITIES, UH, WHICH IS WHERE THE NAME COMES FROM.

AND THE HOTEL SITE IS, UH, INDICATED THERE WITH THE YELLOW STORE.

UM, THE EDGE DISTRICT IS BEING, UH, UH, PROMOTED BY THE THREE LOCALITIES AND, UH, UH, A, UH, DINING AND ENTERTAINMENT DISTRICT, UH, THERE'S, UH, SEED MONEY THAT'S BEEN PROVIDED BY THE, THE THREE ECONOMIC DEVELOPMENT AUTHORITIES, UH, TOWARD A CAMPAIGN TO MARKET.

THIS DISTRICT IS SUCH THAT YOU CAN SEE NOW IF YOU'RE FAMILIAR WITH THE AREA, BUT YOU CAN SEE IT ON THE MAP.

THERE ARE A LOT OF EATING AND DRINKING ESTABLISHMENTS SHOPS, UH, WITHIN PRETTY CLOSE PROXIMITY, UH, PRETTY REASONABLE WALKING DISTANCE.

UH, WE HAVE A GOOD NETWORK OF SIDEWALKS OUT THERE CURRENTLY, AND IT'S GOING TO GET BETTER AS PROJECT IS APPROVED, CAUSE THEY'RE EXTENDING THE SIDEWALK.

UM, AND SO YOU CAN SEE, UH, SOME OF THE ESTABLISHMENTS THERE THAT MAKE UP THIS DISTRICT AND THIS PROJECT FALLS RIGHT IN LINE WITH SOME OF THE RECENT ACTIVITY, UH, ALONG THIS

[00:25:01]

CORRIDOR.

UH, MOST RECENTLY YOU SEE THE KATH CASA, PEARL RESTAURANT, A LITTLE BIT TO THE SOUTH, A VERY NICE RESTAURANT RECENTLY OPENED IN WHAT WAS FORMERLY A VERY FRANKLY UGLY RUNDOWN, UH, FORMER GAS STATION THAT SAT VACANT FOR A NUMBER OF YEARS.

UH, LOOKING AT THE OTHER SIDE OF THE PROPERTY ABOUT, I GUESS IT WAS FOUR YEARS AGO, THE VIRGINIA BEAR COMPANY REDEVELOPED, WHAT HAD BEEN, UH, FRANKLY, AN EYESORE.

IT WAS AN OLD, UH, UH, AUTO REPAIR GARAGE THAT HAD BEEN VACANT FOR, I DON'T KNOW, 15 TO 20 YEARS.

UH, AND NOW IT'S A VERY SUCCESSFUL, UH, MARCO BREWERY, UH, WITH OUTDOOR ENTERTAINMENT.

AND SO, UH, WE THINK THIS PROJECT FALLS RIGHT INTO LINE WITH WHAT WE'RE TRYING TO ACCOMPLISH, UH, IN THIS AREA, UH, BY ADDING YEAR-ROUND RESIDENTS, UH, MOST OF WHOM WE SUSPECT WILL BE, AND THE YOUNGER AGE GROUP, WE THINK IT WILL PROVIDE, UH, YOU KNOW, ADDITIONAL, UH, VITALITY AND SUPPORT THESE BUSINESSES AND HOPEFULLY, UH, MAYBE SPUR FURTHER, UH, REDEVELOPMENT REVITALIZATION EFFORTS.

SO, UH, FOR ALL THESE REASONS WE'RE RECOMMENDING APPROVAL, WE DO THINK IT'S COMPATIBLE WITH THE SURROUNDING AREA.

UH, AS I'VE MENTIONED, UH, THIS PROJECT, UH, ADDRESSES A NUMBER OF IMPORTANT COMPREHENSIVE PLAN GOALS, AND WE DON'T THINK IT'S GOING TO HAVE ANY ADVERSE IMPACTS.

SO WE RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS SET FORTH IN RESOLUTION .

UM, GREG DAVIS IS REPRESENTING THE APPLICANT AND HE IS HERE ON THE ZOOM AND, UH, I WOULD BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.

UH, MR. CROSS FOR THAT, UH, UH, OVERVIEW OF THE PROPOSAL THIS TIME, I'LL ASK OUR COMMISSIONERS, IF THEY HAVE ANY QUESTIONS OF MR. CROSS, RAISE YOUR HAND AND I'LL CALL ON YOU.

I DON'T SEE ANYBODY IF YOU'RE RAISING YOUR HAND, RIGHT.

GO AHEAD AND RAISE IT.

NOW, IF YOU HAVE ANY QUESTIONS THAT MR. CROSS, I DON'T SEE ANY AT THIS TIME.

SO I'M GOING TO TURN THIS BACK OVER TO MR. ANDERSON, I GUESS.

AND WE'RE GOING TO INTRODUCE THE APPLICANT EARL, UH, THE AFRICANS HERE, MR. DAVIS.

I'LL JUST LET HIM STEP UP.

MR. DAVIS, YOU HAVE 10 MINUTES.

THANK YOU, MR. CHAIRMAN.

I'LL ENDEAVOR TO BE BRIEF, GOOD EVENING MEMBERS OF THE COMMISSION.

I'M GREG DAVIS ATTORNEY WITH KAUFMAN AND CANOLES FIRM IN WILLIAMSBURG.

IT'S MY PLEASURE TO BE HERE TONIGHT ON BEHALF OF THE PROJECT.

I'D LIKE TO SHARE MY SCREEN AND IF I COULD GET A NOD, PERHAPS FROM A SOMEWHAT, IF YOU'RE GETTING MY SHOT AND STEAM REALTY SCREEN.

YEP.

CURRENTLY THERE'S SOME BREAKS IN THE FENCE THAT ALLOW FOOT TRAFFIC, UH, FROM MIDDLETOWN FARMS ACROSS TO THE COMMERCIAL AREAS, BUT ALSO FROM THE COMMERCIAL AREAS INTO MIDDLETOWN FARMS. AND WE'VE RECEIVED SOME COMMENTS WE MET WITH MIDDLETOWN AND FARMS, NEIGHBORS PRE-APPLICATION, AND HAVE ANSWERED SOME COMMENTS AS RECENTLY AS THIS WEEK, EXPRESSING CONCERN ABOUT THAT FOOT TRAFFIC AND THIS FENCE REPAIR, UH, SIX FOOT PRIVACY FENCE WILL REMEDY THAT.

THE PROJECT TEAM, UM, IS, UH, CONSISTS OF, UM, THE DEVELOPER SHOTTON STEEN REALTY COMPANY.

MR. JEFF SCHOTTENSTEIN IS ON THE ZOOM WITH US TONIGHT.

THE PROJECT ENGINEER IS AES CONSULTING, ENGINEERS AND HOWARD PRICE FROM AES IS WITH US TONIGHT.

AND OF COURSE MY FIRM, HIS COUNSEL, I KNOW OF NO BETTER WAY TO INTRODUCE MR. SCHOTTENSTEIN THAN TO SHOW YOU SOME PICTURES.

HE HAS, UH, DECADES OF EXPERIENCE IN COMMERCIAL AND PARTICULARLY RETAIL DEVELOPMENT.

BUT OVER THE LAST DECADE HAS FOCUSED HIS EFFORTS ON REDEVELOPMENT AND SPECIALIZING IN A HOTEL PROPERTY.

SO HERE IS A SHOT OF THE CASSA DELLA ROSA PROJECT IN ST.

PETERSBURG, FLORIDA, WHICH SHOT AND STEEN REALTY REDEVELOPED INTO APARTMENTS.

I THOUGHT INTERESTING FOR THE COMMISSION TO SEE SOME EXAMPLES OF WHAT CAN BE DONE WITH A REDEVELOPED HOTEL PROPERTY.

THESE ARE INTERIOR SHOTS OF THE CASA DE LA ROSA, A SMALLER PROJECT LOCATED IN ATLANTA.

UH, ANOTHER EXAMPLE OF MR. SCHOTTENSTEIN, HIS WORK IS THE HIGHLAND PROJECT LOCATED IN THE VIRGINIA HEIGHTS SECTION OF ATLANTA.

AND HERE AGAIN, SOME INTERIOR SHOTS TO SHOW HOW ATTRACTIVE A APARTMENT UNITS CAN BE DEVELOPED IN, IN THESE, UH, REHABILITATED HOTEL PROPERTIES.

MR. KRAUSE HAS DONE A NICE JOB OF INTRODUCING THE WORK THAT MY CLIENT EXPECTS TO UNDERTAKE.

THIS PLAN SHOWS MERRIMACK TRAIL THERE AT THE BOTTOM OF THE PAGE, THE MARTHA'S PLANTATION BREAKFAST BUILDING WILL BE DEMOLISHED AS WILL CONFERENCE CENTER AT THE REAR OF THE GEORGE WASHINGTON IN, AND OF COURSE THERE WILL THE THIRD DRIVEWAY ELIMINATION.

MR. CROSS ALSO MENTIONED THE RE-ESTABLISHMENT OF THE FENCE AT THE REAR OF THE PROPERTY, DESERVES SOME ATTENTION.

THAT'S IMPORTANT.

IN ADDITION TO THE LANDSCAPING TO PROTECT THE PRIVACY OF OUR NEIGHBORS AND MIDDLETOWN FARMS, UH, BEHIND THE, THE APARTMENT DEVELOPMENT.

UH,

[00:30:01]

AND THEN MR. CROSS ALSO REFERRED TO THE, UH, MORE OPAQUE, UH, AND SOUND BARRIER FENCE LOCATED HERE AT THE END OF HARRIS, THE LOCATION OF THAT'LL BE WORKED OUT AT THE SITE PLAN STAGE TO BEST PROTECT OUR NEIGHBORS FROM THE IMPACTS THEY MIGHT SEE BY LOOKING THROUGH THE LANDSCAPING OR FROM HEARING POOL OR BEER GARDEN ACTIVITIES.

THIS PROJECT TRULY IS REDEVELOPMENT IN THE EDGE DISTRICT.

SADLY, THE GEORGE WASHINGTON IN IS NOT WHAT IT ONCE WAS MY CLIENT AND THE OWNERSHIP HAVE CONCLUDED THAT THE GEORGE IS SIMPLY NOT A VIABLE HOTEL PROPERTY GOING FORWARD.

OCCUPANCY RATES ARE DOWN, UH, THE CONDITION OF THE PROPERTY, EVEN WITH A SIGNIFICANT INVESTMENT BY A COUPLE OF MORE RECENT OWNERS JUST HAVE NOT TURNED AROUND THE DIRECTION OF THE HOTEL.

JOHN STEEN REALTY WILL INVEST IN EXCESS OF $6 MILLION OF PRIVATE FUNDING INTO THE PROPERTY INSIDE AND OUT.

YOU MENTIONED, UH, DESTROYING THE OLD RESTAURANT BUILDING IN A CONFERENCE CENTER.

WE'LL ALSO PULL UP SOME PAVEMENT TO ACHIEVE THE NICE GREEN LANDSCAPE AREA THAT HAS BEEN SHOWN TO YOU TONIGHT.

AND THAT'LL REDUCE THE IMPERVIOUS COVER IN THE SITE BY 23% INCREASING THE OPEN SPACE IN THE LANDSCAPING.

I HAD THE BIKE LANE AND THE SIDEWALK MR. CROSS SHOWED.

I THOUGHT IT IMPORTANT NOT TO LEAVE THE REDEVELOPMENT TOPIC WITHOUT POINTING OUT THAT IN THE 2013 YORK COUNTY COMPREHENSIVE PLAN, 80% OF THE UPPER COUNTY RESIDENTS WHO RESPONDED TO COMP PLAN PROCESS SURVEYS, FAVORED REZONING, BLIGHTED PROPERTIES TO RESIDENTIAL IN ORDER TO SUPPORT BUSINESSES IN THE UPPER COUNTY.

AND THAT'S EXACTLY WHAT THIS PLAN PROPOSES TO DO.

THIS LANDSCAPE DESIGN, UH, SHOWS IN DETAIL, AND I THINK MORE ATTRACTIVE COLORIZED VERSION OF WHAT THE CONCEPT PLAN DEMONSTRATES.

THE POINT THAT I WOULD MAKE IN ADDITION TO MR CROSS'S POINTS ARE THAT THE STREETSCAPE OF THE APARTMENT COMPLEX WILL BE MUCH MORE ATTRACTIVE THAN WHAT WE EXPERIENCED NOW WITH THE GEORGE WASHINGTON, THIS ARCHITECTURAL RENDERING DONE BY THE PROJECTS, ARCHITECTS, WHICH ARE A LOCAL TIDEWATER VIRGINIA FIRM SHOW SOME OF THE SHOWS, THE FINAL PRODUCT, THE ARCHITECTURAL WORK WILL INCLUDE NOT JUST THE NEW COLOR SCHEME.

MR. SCHOTTENSTEIN LIKES THE WHITE SCHEME WITH THE CONTRASTING TRIM FOR HIS PROJECTS.

BUT ALSO IN ADDITION TO THE DEMOLITION ON THE SITE, THE BRICK NEEDS REPAIR TUCK POINTING.

THERE'S A LOT OF COUGHING.

SO THE BUILDING ITSELF WILL BE SHARPENED UP SUBSTANTIALLY.

YOU CAN SEE THAT I'M TRYING TO INDICATE WITH MY MOUSE, THE FACADE THAT NOW IS A, AN OVERHANG OR ROOF WHERE GUESTS MIGHT CHECK INTO THE GEORGE WASHINGTON WILL BE ELIMINATED.

AND THEN THE PHOTO STONE, UH, CORNERING AND ACCENTS ALONG THE FRONT OF THE GEORGE WILL BE REPLACED BY A WOODEN PRODUCT.

HOTEL GENERATES MORE, UH, LESS TRAFFIC THAN THE APARTMENT.

APARTMENT WILL OFFER AMENITIES TO ITS RESIDENTS.

AND THE TRUE POINT OF THIS SLIDE IS THAT BECAUSE THERE'LL BE AN OUTDOOR POOL AT BEER GARDEN RECREATION AREA, THIS IS BY THE WAY, IS NOT THE, UH, AN AREA WHERE THE APARTMENT WILL BE IN THE BUSINESS OF SERVING BEER, BUT RATHER, UH, THE OUTDOOR, UH, ACCENT LIGHTED WOODEN TABLES, UH, SETTING, UH, ONE ASSOCIATES WITH A BEER GARDEN, UH, INDOOR GATHERING SPACE.

SO A DAN WHERE THE RESIDENTS CAN GATHER AND WATCH BALL GAMES, SOCIALIZE, HAVE A PARTY OR A MEETING AND INDOOR BIKE STORAGE WITH LOCKERS.

WE ANTICIPATE EXTENSIVE USE OF BICYCLES AT THE PROPERTY.

THEY'LL BE A DOG PARK WORKOUT ROOM BUSINESS CENTER.

THESE TAKE PRESSURE OFF OF YOUR COUNTY RECREATION AMENITIES.

ALSO THOUGHT IT IMPORTANT TO MENTION TO YOU MEMBERS OF THE COMMISSION, THAT I'LL BE A RESIDENT MANAGER IN THE PROJECT, WHICH ASSURES THE NOT ONLY SECURITY OF RESIDENTS, BUT ALSO THAT, UH, NOISE ACTIVITY OF TRASH MISCONDUCT, LOUD PARTIES AT THE POOL.

THAT SORT OF THING WILL BE REGULATED BY A RESIDENT MANAGER.

YEAH, COMMUNITY IMPACTS IS MY FINAL POINT.

MR. CHAIRMAN, THIS PROJECT PROVIDES NEEDED WORKFORCE HOUSING THAT THE COMPREHENSIVE PLAN RECOGNIZES.

AND THERE ARE NO TRAFFIC IMPACTS.

I BELIEVE MR. CROSS, IF I HEARD YOU CORRECTLY, YOU MIGHT'VE MISSPOKEN YOUR STAFF REPORT IN YOUR SLIDE SAID THAT THE

[00:35:01]

BUT IN FACT, THE SLIDE YOU SHOWED IN YOUR STAFF REPORTS SHOWS THAT THE APARTMENT COMPLEX WILL GENERATE LESS TRAFFIC THAN THE HOTEL AND DE DOT CONCURS.

WITH THAT CONCLUSION, WE'VE REACHED OUT TO OUR NEIGHBORS AS A PART OF THIS APPLICATION.

I MENTIONED THE MIDDLETOWN FARMS NEIGHBORS EARLIER.

WE'VE ALSO TOUCHED BASE WITH ART HUDGINS AT THE CAR DEALERSHIP NEXT DOOR.

AND BEFORE FILING THE APPLICATION, WE REACHED OUT TO THE PRESERVED FIT MIDDLE GROUP AND MET WITH 10 OF THEIR LEADERS AND ASKED THEM TO PROVIDE INPUT, WHICH WE'VE INTO THE APPLICATION.

FINALLY, THE FISCAL IMPACT OF THIS PROJECT IS POSITIVE.

MR. KRAUSE HAS MADE SOME OBSERVATIONS AND REWORK SOME OF THOSE FISCAL IMPACTS THAT OUR CONSULTANT PROVIDED AS A PART OF THE APPLICATION.

WE DON'T DISAGREE WITH MR. CROSS'S CONCLUSIONS BECAUSE HE CONCLUDES THAT THE PROJECT IS OVERWHELMINGLY POSITIVE FROM A FISCAL IMPACT.

I WOULD COMMENT THOUGH THAT THE STAFF'S ANALYSIS OF FISCAL IMPACT DOES NOT TAKE INTO ACCOUNT THE FACT THAT THESE ARE FOLKS WHO WILL PATRONIZE THE EDGE DISTRICT.

THEY WILL LOOK FOR RESTAURANTS, GROCERY STORES, UH, THE BEER COMPANY, THAT SORT OF THING.

SO WE FEEL LIKE THERE'S A REALLY A POSITIVE, UH, VIBE AND ECONOMIC IMPACT ASSOCIATED WITH THE REDEVELOPMENT PROJECT.

SO WITH THAT, MR. CHAIRMAN, UM, ALLAH ASK THAT YOU FOLLOW THE STAFF'S RECOMMENDATION AS A COMMISSION AND RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS WHICH THE COMMISSION MIGHT HAVE.

THANK YOU, MR. DAVIS, UH, APPRECIATE YOUR OVERVIEW AND PRESENTATION.

UM, SO NOW I'LL OPEN IT UP TO OUR COMMISSIONERS AND, UH, FOR ANY QUESTIONS, RAISE YOUR HAND.

I CAN CALL ON YOU, MR. CRINER.

MR. DAVIS, YOU MENTIONED A RESIDENT MANAGER ON STAFF IS, OR THEY LIVE IN A MANAGER OR HOURLY MS. CRINER DURING THE INITIAL, UH, LEASE OUT, WE'LL HAVE A MANAGEMENT COMPANY ON SITE TAKING LEASES IN AND SIGNING UP TENANTS.

ONCE THE PROPERTY GETS OCCUPIED, THERE WILL BE THE UNIT OCCUPIED BY A PAID MANAGER WHO LIVES AT THE APARTMENT.

UH, FIRST OF ALL, I'D LIKE TO SAY TO THEM, I'M VERY HAPPY TO SEE A PROJECT THAT WOULD ADDRESS OUT OF A NEED FOR AFFORDABLE HOUSING.

UH, THAT'S SOMETHING THAT, UM, YOU VERY SELDOM SEE SOME HAPPY TO SEE THAT, UH, MR. DAVIS, UH, I HAVE SEVERAL QUESTIONS HERE.

ONE IS THAT I UNDERSTAND THAT YOU CAN'T PROFFER, UH, YOU KNOW, THE RENT MENU THAT WE HAD, UH, ILLUSTRATED, BUT CAN YOU ASSURE US THAT, UH, WHATEVER THE MENU, UH, THE RENT MENU WINDS UP BEING THAT IT WILL, UH, ADDRESS THOSE TARGETED INCOME GROUPS THAT HAVE BEEN CITED ALONG WITH THE, UH, POTENTIAL, UH, WHEN I SAY MAYBE EXAMPLES OF THAT YOU WOULD CHOOSE.

THEY'RE LIMITED, UH, KITCHEN APPLIANCES.

MR. JOHNS, I CAN ASSURE YOU OF THAT.

WE'VE STUDIED THIS QUESTION PRETTY CAREFULLY.

PRE-APPLICATION AND THERE ARE A NUMBER OF PHYSICAL LIMITATIONS THAT WILL PLACE ESSENTIALLY A CAP ON THE RIMS. UH, FIRST OF ALL, THESE ARE SMALLER UNITS, RIGHT? THEY STARTED AS HOTEL ROOMS. UH, SECONDLY, THEY HAVE INDIVIDUAL, UH, P TAK HEATING AND AIR UNITS, WHICH IS NOT PREFERRED IN APARTMENTS.

TYPICALLY A CENTRAL SYSTEM IS WHAT A HIGHER RENT PAYING TENANTS PREFER.

THESE UNITS DON'T HAVE THINGS LIKE A FIREPLACES IN THEM.

SOME WON'T HAVE A DISHWASHER, MANY WILL, AND THE DON'T HAVE THE ROOM ON SITE TO HAVE EXTENSIVE JOGGING TRAILS OR A SWIM UP BAR, OR SOME OF THE, UM, AMENITIES I'LL SAY THAT A HIGHER THAN APARTMENTS THAT DEMAND A HIGHER RENT OFFER.

FEEL CERTAIN THAT WHILE THE PROJECT IS QUITE VIABLE, IT'S UNLIKELY THAT THESE RENTS WILL EQUAL WITH SOME OF THESE MORE AMENITIZED DEVELOPMENTS OFFER.

FOLKS WHO USE THEIR BICYCLES EXTENSIVELY, HIS EXPERIENCE, HOWEVER, HAS BEEN THAT THESE FOLKS BUY EXPENSIVE BIKES THESE DAYS, AND THEY WORRY ABOUT LEAVING THEM OUTDOORS, WHERE THEY'RE EITHER IN THE WEATHER OR SUBJECT TO BEAT A STOLEN.

AND, UM, I DID NOTICE WHEN I, UH, PASSED BY THE GEORGE WASHINGTON SAW SOME BICYCLES, UH, OUTSIDE, AND I WASN'T SURE WHETHER THERE WAS AN EXISTENCE OF PERHAPS OR INCLUDED, UH, SOME BIKE RACKS, SINCE YOU ARE MENTIONING THAT, UH, THERE WILL BE SOME YOUNG PEOPLE, THE AGE CATEGORIES THAT YOU THINK THAT YOU WILL ADDRESS.

UM, SO COULD YOU COMMENT ON THAT? YES, SIR.

THE, UM, THE DEVELOPER, MR. SCHOTTENSTEIN EXPECTS THAT THESE TENANTS ARE LIKELY TO BE YOUNGER

[00:40:01]

AND SO THAT'S WHY THE PROJECT INCLUDES AN INDOOR BIKE STORAGE FACILITY.

EXCELLENT.

UM, AND I GUESS A BROADER QUESTION I'LL ASK YOU IS THAT THERE, UM, IN THE NARRATIVE STAFF MENTIONS THAT THE FISCAL IMPACT STATEMENT IS MORE LEANING TOWARDS REVENUE GENERATED AS, AS OPPOSED TO A EXPENDITURES TO GIVE US A MORE ACCURATE PICTURE OF FISCAL IMPACT UPON THE COUNTY.

AND SO, UM, GIVEN THAT, UH, WHEN WE TALK ABOUT THE SCHOOL, ARE YOU SURE THAT THE, THE, UM, COSTS, I DON'T CARE IF IT'S 10 STUDENTS OR 12 STUDENTS, IF THEY AREN'T ACCOUNTED FOR IT, AND IT FALLS ON THE TAXPAYER SO PURE THAT, UH, THE, UH, INSTRUCTIONAL AND OPERATIONAL COSTS ARE COVERED IN YOUR REVENUE PROJECTIONS? WE ARE.

JOHN'S UM, PERHAPS THE SINGLE BIGGEST POINT OF DEPARTURE BETWEEN THE APPLICANT'S FISCAL IMPACT ANALYSIS AND MR. CROSS IS VERY CAPABLE RE-EXAMINATION OF THAT IS THE NUMBER OF SCHOOL CHILDREN GENERATED.

MR. CROSS TAKES THE POSITION THAT HAS PROBABLY 28 STUDENTS GENERATED USING A PER BEDROOM MULTIPLIER.

WE ACTUALLY PROJECTED LESS THAN THAT BY ABOUT 11, ABOUT 11 TOTAL GENERATED.

AND WE WENT TO DRUCKER AND FALL THE LOCAL APARTMENT MANAGEMENT COMPANY, AND THEY PROVIDED US WITH DATA FROM ONE OF THE APARTMENT COMPLEXES, JUST DOWN THE STREET ON MERRIMACK TRAIL AND WITH THE, UH, NUMBER OF A TWO BEDROOM UNITS THAT THEY OFFERED, UH, THEY WERE GENERATING ABOUT 11 SCHOOL CHILDREN.

THAT'S HOW WE, WE CAME UP WITH OUR FISCAL IMPACT ANALYSIS.

SO EVEN WITH THE, IF WE ASSUME THAT THE STAFF'S ANALYSIS IS CORRECT, WHICH WE'RE WILLING TO DO, THE CONCLUSION REMAINS THAT THE PROJECT IS NOT A FISCAL DRAIN ON YOUR COUNTY.

I'M NOT TRYING TO DOMINATE, BUT I SAW SOME VERY NICE CONCEPT, UH, THAT, UH, SCHOTTENSTEIN HAS DONE ON SOME OTHER PROPERTIES WHERE ANY OF THOSE, UH, EXAMPLES OF, UM, WHAT W WHAT WE WILL CALL A WORKFORCE OR AFFORDABLE HOUSING, UH, THOSE ONES THAT I THINK THAT YOU CITED THE CASA, SOMETHING THAT YOU HAD THERE, WHAT HAVE YOU DONE THIS TYPE OF PROJECT BEFORE TO REACH, UH, THIS PARTICULAR, UH, POPULATION? HMM, YES, SIR.

THAT THE CASA DEL ROSA HAS A VERY SIMILAR TARGET TENANT.

IF YOU LOOK ON THE WEBSITE FOR THAT APARTMENT COMPLEX DOWN IN ST.

PETERSBURG, YOU'LL SEE THAT THE RENTS ARE SLIGHTLY HIGHER, BUT IT'S ALSO A LARGER METROPOLITAN AREA.

SO WE FEEL LIKE THE RELATIVE RENTS ARE VERY COMPARABLE FOR THE PROJECTS THAT I SHOWED YOU.

OR WHOEVER TO HELP ESTABLISH THAT CROSSWALK SO THAT PEOPLE CAN EASILY MOVE MORE EASILY MOVE FROM, UH, UH, THAT SIDE OF MERRIMAC TRAIL OVER TO THE SHOPPING CENTERS AND NOT HAVE TO ESSENTIALLY JAYWALK ACROSS THE, ACROSS A VERY BUSY, UH, UH, FREEWAY.

SO, OKAY.

UH, NEXT THE OTHER COMMISSIONERS.

ALL RIGHT, MR. TITUS, THANK YOU, MR. CHAIRMAN, MR. DAVIS, I'LL JUST, UH, MAKE THE THREE COMMENTS OR THREE QUESTIONS TO YOU THAT WE GOT FROM SOME CITIZEN COMMENTS AND VIA LETTER.

AND I DON'T KNOW IF IT SAYS TO BE HERE OR NOT, BUT I THOUGHT I'D BRING THEM UP.

NOW.

ONE IS THAT THERE'S RIGHT NOW, THERE'S A LITTLE MANMADE TRAIL MUD MUD TRAIL GO ON FROM THE PROPERTY UP TO HARLEM BLADE HARLOT LANE.

AND THAT COL-DE-SAC, UH, WOULD IT BE APPROPRIATE OR POSSIBLE TO EITHER FORMALIZE THAT, UH, THAT WALKWAY SO THAT, SO THAT PEOPLE IN THE MIDDLETOWN AREA CAN WALK DOWN AND ACROSS THE PROPERTY INTO, AND ACROSS MERRIMACK TRAIL THAT'S QUESTION ONE, EITHER MAKE IT A FORMAL TRAIL, FORMAL PATH, OR CLOSE IT UP, SUCH THAT HE CAN'T GET THROUGH THERE.

AND THE SECOND, IT WAS A REQUEST THAT THE COMMUNITY THERE MAYBE PROVIDE SOME INSIGHT INTO YOUR LANDSCAPING, UH, FOLKS ABOUT, UH, UH, PLANTS AND THINGS THAT ARE IN THIS AREA THAT ARE LOCAL, THAT THEY WOULD LIKE TO HAVE AN INPUT INTO THOSE PLANTS.

AND IF THAT WOULD BE POSSIBLE.

AND A THIRD ONE WAS SOME WAY, UH, THEY ASK ABOUT A CROSSWALK ACROSS MERRIMACK TRAIL.

I, WHEN I WAS UP THERE AND LOOKED AT THE PROPERTY, I, I DID NOTICE A CROSS WALK.

I, I REALLY DIDN'T LOOK AT IT, BUT IF THERE'S NOT A CROSSWALK, THERE'S A CVS AREA ACROSS MERRIMACK TRAIL.

UH, WHETHER YOU COULD PROVIDE THAT OR TALK TO VIDOT

[00:45:01]

MR. TITUS, UM, I WAS PLEASED TO RECEIVE A COPY OF THAT COMMENT LETTER THAT YOU REFER TO AND RESPONDED TO IT IN DETAIL, UH, SHARE WITH YOU THAT RESPONSE.

THE TRAIL ISSUE IS A DIFFICULT ONE BECAUSE SOME FOLKS APPARENTLY IN MIDDLETOWN FARMS ENJOY THE ACCESS TO MERRIMACK TRAIL WHILE OTHERS ARE CONCERNED THAT FOLKS ARE ENTERING MIDDLETOWN FARMS FROM THE MERRIMACK TRAIL CARTER.

AT THE END OF THE DAY, MY CLIENT'S, UH, INFORMATION EARLY ON WAS THAT THE PREDOMINANT FEAR WAS THAT THERE COULD BE BAD ELEMENTS COMING IN THE MIDDLETOWN FARMS FROM THE COMMERCIAL AREA.

IN ADDITION, FRANKLY, AS AN APARTMENT DWELLER, UH, HAVING TRAFFIC AT ALL TIMES A DAY OR NIGHT THROUGH THE APARTMENT GROUNDS IS PROBLEMATIC.

FOLKS COULD MONITOR DOWN AND PERHAPS JUMP IN THE SWIMMING POOL OR JOIN THE HOMEOWNERS AT THEIR BEER GARDEN AREA.

AND THAT WAS SEEN AS UNDESIRABLE OR THE APARTMENT DWELLERS.

SO THE CONCLUSION WAS THE FENCE SHOULD BE REPAIRED AT AND CUT OFF THAT ACCESS.

YOUR SECOND QUESTION RELATED TO INPUT ON LANDSCAPING AND MY CLIENT WELCOMES THAT IN, IN MY RESPONSE TO MIDDLETOWN FARMS RESIDENTS, UH, MADE THAT CLEAR, UH, PROVIDED MR. PRICE WITH THE EMAIL.

NOW HE'S OUR PROJECT ENGINEER WHO WILL DO THE LANDSCAPING PLAN.

I PROVIDED HIM WITH CONTACT INFORMATION AND A REQUEST NOTIFIED CITIZENS WHEN THE LANDSCAPING PLAN HAS BEEN SUBMITTED TO COUNTY SO THAT THEY CAN VIEW THOSE PLANS MATTER OF PUBLIC RECORD AND PROVIDE INPUT.

AND THEN ON THE CROSSWALK ISSUE, UH, WE, WE DID RECEIVE THAT COMMENT.

ACTUALLY, THE CITIZEN REQUEST WAS THAT THE COUNTY BUILD THAT CROSSWALK.

UH THAT'S.

THAT WAS THE FIRST WE'D HEARD OF THAT.

IT WAS A TUESDAY OF THIS WEEK, CERTAINLY FAVOR THE IDEA OF OUR RESIDENTS CROSSING SAFELY TO JAMES YORK PLAZA.

THE BUS STOP FOR THE WATER ROUTE IS THERE NEAR THE CVS PROBLEM IS THAT PROFFERING WILL CONDITIONING THIS APPROVAL ON A CROSS WALK AT LATE DATE WOULD BE DIFFICULT BECAUSE WE DON'T KNOW WHETHER B DOT WOULD BE ON BOARD WITH THAT OR NOT, OR WHAT THE COST IS.

THANK YOU, SIR.

ANY OTHER QUESTIONS OUT THERE, COMMISSIONER? I'M NOT SEEING ANY, UH, BUT I HAVE A QUESTION, UH, MR. DAVIS WAS DOING SOME MATH IN MY HEAD ABOUT THE $6 MILLION INVESTMENT.

I'M NOT A CONTRACTOR AND I'M NOT A CONSTRUCTION BUDGET MANAGER.

SIX MILLIONS APPEARED TO BE LOW TO ME.

UM, IF YOU SPENT HALF OF IT OR A THIRD OF IT, LET'S SAY JUST A THIRD ON THE OUTSIDE, AND YOU'RE FIXING THE SWIMMING POOL AND THE FACADE AND LANDSCAPING AND PARKING LOT.

I MEAN, YOU'RE GOING TO LEAVE ONLY 25, MAYBE 30,000 PER UNIT, IF I DID MY MATH CORRECTLY.

AND I'M, I'M WONDERING, YOU KNOW, DO YOU HAVE ANY ESTIMATES ON HOW MUCH YOU PLAN ON INVESTING IN EACH OF THESE UNITS? I KNOW YOU TOLD ME ABOUT YOUR, UH, GOING TO TEAR DOWN SOME WALLS.

AND I WOULD IMAGINE, UH, THE HOTEL ROOMS, UH, CONSIDERING THE CONDITION OF, UH, GEORGE WASHINGTON, WHEN I WENT BY THERE TODAY, UM, IT'S NOT IN THE BEST OF SHAPE AND, UH, YOU'RE GOING TO HAVE TO MAKE A LOT OF INVESTMENTS.

SO I'M, UM, WELL, I'D LIKE TO HEAR YOUR THOUGHTS ON, UM, ON THE, YOU PROBABLY HAVEN'T NARROWED IT COMPLETELY DOWN, BUT WHAT YOU ANTICIPATE INVESTING IN THESE UNITS.

MR. CHAIRMAN, I THINK THE BEST WAY TO ANSWER THAT WOULD BE RECOGNIZE MR. SHOT AND SCENE.

WHO'S ON THE CALL.

JEFF, YOU'LL COME OFF MUTE PERHAPS, AND COMMENT FOR A MINUTE TO THE CHAIRMAN.

KING'S QUESTION ABOUT YOUR BUDGET.

UM, OBVIOUSLY HE'S NOT LOOKING FOR A LINE BY LINE BREAKDOWN, BUT I KNOW YOU'VE DONE SOME DETAIL AT WORK ON THIS IS THE RESPONSE TO THE QUESTION WE HAVE PUT TOGETHER A ROUGH BUDGET, UM, FOR THE PROJECT, UH, AND BROKEN OUT WHAT IT'S GOING TO COST FOR THE EXTERIOR LANDSCAPE, BLACKTOP, EXTERIOR PAINTING, TUCKPOINTING DEMOLITION, SIDEWALKS, BIKE LANES,

[00:50:01]

AND SO FORTH.

AND, UH, AND THEN WHAT IT'S GOING TO COST FOR THE INTERIOR.

AND THE INTERIOR IS RUNNING, YOU KNOW, SOMEWHERE BETWEEN 30 AND $33,000 A YEAR IN IT.

AND, UH, THEN THE BALANCE OF IT IS ON THE EXTERIOR.

SO I WAS TWENTY-FIVE TO 30 YOU'RE SAYING, AND, UH, WE, WE RENOVATED A LOT OF UNITS OVER THE LAST, UH, FIVE YEARS.

AND, UH, THE COST NEARLY RUN INSIDE NOW, DEPENDING ON WHAT YOU HAVE TO DO, IF YOU HAVE TO REPLACE THE ROOF, ALL THE AIR CONDITIONING, THE NUMBER GOES UP.

UH, AND, UH, BUT, UH, WE DON'T, UH, THE ROOF'S IN DECENT SHAPE.

WE FIGURED, UH, WE'VE HAD A ROOFER COME OUT, TAKE A LOOK AT HE'S TALKING ABOUT $25,000 FOR SOME TLC WORK ON THE ROOF AND THINKS THAT WE'LL HAVE A NUMBER OF, OF YEARS LEFT, UH, YOU KNOW, HAVE GOOD WEAR ON THAT ROOF.

AND, UM, WE HAVE A COUPLE OF AIR CONDITIONING UNITS OVER IN THE LOBBY AREA THAT NEEDED TO BE REPLACED.

UH, AND, UH, UH, AND THEN THE COURSE, THE P TAC UNITS, UM, OUT OF THE TWO, UH, 200, 150, AND IT'S HALF OF THE UNITS ARE LESS THAN TWO YEARS OLD AND WE'VE TURNED THEM ON, LISTENED TO THEM.

THEY ARE VERY QUIET AND, UH, THEY LEND THEMSELVES TO A REMOTE THERMOSTAT, WHICH WE ARE PURCHASING FOR $35 A PIECE, WHICH WILL CONNECT UP TO IT, UH, ELECTRONICALLY SO THAT PEOPLE WON'T HAVE TO RUN OVER TO THE P TECH TO CHANGE THE TEMPERATURE.

YOU CAN IT RIGHT ON, ON THE WALL OF EACH, UH, A ROOM OF THE, UH, OF THE APARTMENT.

AND, UM, UH, THEN WE'RE BUYING 125 BRAND NEW P PTAC UNITS, SO THAT WE HAVE, UH, ERIK HEATING AND AIR CONDITIONING UNITS THAT ARE AS QUIET AS THEY CAN BE FOR THIS TYPE OF, UH, MACHINERY.

UH, AS GREG, UH, EARLIER MENTIONED, THIS IS ONE OF THE DISADVANTAGES THAT THEY, UH, A RENOVATION SUCH AS THIS HAS YOUR, UH, SUBJECTED TO HAVING TO USE P-TECH UNITS, UH, RATHER THAN CENTRAL AIR.

I WOULD LOVE TO HAVE SENTRA IT'S JUST COST PROHIBITED.

THE OTHER THING I MIGHT POINT OUT WHEN WE TALKED ABOUT, UH, UH, HEATING AND AIR CONDITIONING, UH, INCORPORATED IN OUR RENT STRUCTURE ARE THE UTILITIES, ELECTRIC WATER, SEWER TRASH.

WE CANNOT SPLIT OUT THE ELECTRIC CAN SEPARATELY METER IT.

WE CAN'T SEPARATELY MEET HER THE WATER.

SO THE SOLUTION THAT WE HAVE COME UP WITH IN THESE PROJECTS IS INCORPORATE UTILITIES RIGHT INTO THE RENT.

AND SO WHEN YOU SIGN A LEASE, YOU MAKE ONE SIGNATURE, YOUR, YOUR LEASE IS UP.

YOU DON'T HAVE TO CALL THE ELECTRIC COMPANY, UH, AND, AND OPEN UP AN ACCOUNT WITH DEPOSITS AND EVERYTHING YOU'RE DONE.

AND I IT'S, UH, IT'S A DISADVANTAGE, BUT IT'S GOOD MARKETING TOOL.

YEAH, I APPRECIATE IT.

MS. SCHOTTENSTEIN, UH, THAT WAS GOOD OVERVIEW.

AND GIVE ME A BETTER UNDERSTANDING OF, UH, OF, UM, YOUR, ON WHAT YOU'RE GOING TO DO TO RENOVATE THE, UH, THE, THE HOTEL.

I WAS CONCERNED CONSIDERING, UH, THE INVESTMENT WHEN I TRIED TO BREAK IT OUT, BUT IT APPEARS YOU GUYS HAVE THAT UNDER CONTROL.

THAT WAS THE ONLY QUESTION I HAD.

I HAD A COUPLE OF QUESTIONS, BUT, UM, BUT FEW COMMISSIONERS HAS ALREADY ASKED THEM, UH, DO WE HAVE ANY OTHER SAVE ROUNDS OR ALIBIS OUT THERE FROM OUR COMMISSIONERS? I'VE GOT ONE MORE.

OKAY, GO AHEAD, MONICA.

WHAT IS, UH, PART APPROVAL OF THIS APPLICATION? WHAT IS THE TIMEFRAME THAT YOU EXPECT TO START AND COMPLETE THIS PROJECT? CAUSE SOMETIMES THERE'S SUCH A LONG TIME PERIOD AFTER APPROVAL HAS BEEN MADE AND YOU REALLY DON'T KNOW, UM, YOU KNOW, WHEN THAT JOB WILL BE COMPLETED.

SO WHAT'S YOUR BEST GUESSTIMATE.

JEFF, CAN I, CAN I SPEAK TO THAT, PLEASE DO.

WE HAVE OUR MEP PEOPLE, UH, STARTING TOMORROW TO GO IN AND, UH, DO THE ANALYSIS OF THE ELECTRIC AND THE BUILDING.

UM, OUR TIMETABLE IS APPROXIMATELY IF, UH, THE BOARD, UH, UH, APPROVES OUR, UH, REQUEST TONIGHT, UH, AS I UNDERSTAND IT IN FEBRUARY, UH, WE COULD GO BEFORE THE COUNTY BOARD OF SUPERVISORS AND GET THEM, UH, TO, UH, OKAY.

THIS, UH, IN ANTICIPATION.

I DON'T, I DON'T HAVE THE FAMILIARITY WITH THAT PROCESS GOING TO THE SUPERVISORS, BUT BASED ON WHAT, UH, UH, GREG IS TELLING US, UH, IT, UH, WE SHOULD, UH, BE, UH, UH, FAVORABLY RECEIVED.

AND BASED ON THAT, UH, GUESSTIMATE, WE ARE GOING TO HAVE OUR, UM, UH, ARCHITECT START, UH, WORKING ON THE PLANS.

[00:55:02]

YOU KNOW, YOU TALK ABOUT, UM, UH, COSTS, UH, MR. KING, THE ELECTRIC, UH, BILL, UH, FOR REDOING THE ELECTRIC TO BRING IT UP TO CODE, WHICH IS A REQUIRED WHEN YOU HAVE A CHANGE IN ZONING, UH, IS 2 MILLION, $100,000.

IT IS, UH, IT'S A BIG NUMBER BECAUSE IT INVOLVES, UH, PUTTING, UH, PANELS IN EVERY SINGLE APARTMENT, WHICH THEY'RE NOT THERE TODAY.

SO W WE, THE FIRST THING WE'RE DOING, UH, UH, THIS WEEK, IF, IF, UH, WE GET A FAVORABLE APPROVAL TONIGHT, WE WILL CUT LOOSE THE, UH, UH, UH, ELECTRICAL, UH, ENGINEERS TO START GOING IN AND MAPPING OUT THE BUILDING.

IT'LL TAKE FOUR WEEKS AND SIX, UH, ELECTRIC ELECTRICIANS TO DO THAT.

AND, UM, YOU KNOW, WE DON'T HAVE ALL OF OUR COSTS DOWN, BUT, YOU KNOW, THAT HAPPENS TO BE $20,000.

AND, UH, THAT WILL BE THAT INSISTS, THAT WORK WILL BE PERFORMED THE BASIS, ELECTRICAL COMPONENT OF THE PLAN SUSPECTS FOR THE BUILDING.

AND WE DO THE SAME THING WITH THE PLUMBING ENGINEER, UH, UH, THAT WERE, UH, YOU KNOW, FROM THE MEP FIRM AND THEY'LL GO IN AND DO THEIR, UH, GROUNDWORK.

AND, UH, THEY WOULD DROP PLANTS THAT ARE FORMED THE BASIS OF THE, UH, PLUMBING FOR THE, THE, UH, UH, THE OVERALL PLANT SUSPECT AND OUR ARCHITECT, JOHN COVINGTON, UM, WILL, YOU KNOW, DO WHAT HE HAS TO DO AND PULL THIS WHOLE THING TOGETHER.

AND WE'RE HOPING THAT, UM, WITHIN 90 DAYS OF, LET'S SAY TOMORROW IN THE NEXT DAY, WE SHOULD HAVE A SET OF PLANS THAT, UH, WE'RE, WE SHOULD BE READY TO GO, UH, START TALKING TO THE COUNTY ABOUT A BUILDING PERMIT AND A CONTRACTOR THAT WE HAVE TEED UP IS IN, UM, UH, NORFOLK.

AND, UM, THEY'VE BEEN WORKING ON THE PROJECT WITH US TO HELP US IDENTIFY, UH, THE LARGER TICKET ITEMS, UH, THAT ARE, UH, INCORPORATED IN THE TRANSACTION, THE ELECTRICAL, THE PLUMBING, THE CARPETING, THE PAINTING, UH, THE EXTERIOR PAINTING, THE CA UH, THE CONCRETE WORK FOR THE SIDEWALKS, UH, TO GET THESE BIG ITEMS, UH, UH, GET OUR ARMS AROUND THESE THINGS.

SO WE DON'T HAVE ANY SURPRISES AND, UM, WE WILL TAKE THE PLANS AND HARD BID THEM.

AND THE CONTRACTOR BELIEVES THAT ALL THINGS BEING EQUAL, WEATHER'S NOT AN ISSUE BECAUSE 90% OF THE WORK'S INSIDE, UM, WE SHOULD BE ABLE TO, UH, GET THE PROJECT READY, UH, TO START TO LEASE WITHIN THE EIGHT TO 10 MONTHS.

UH, SO IF WE CAN GET STARTED IN JUNE, WE GOT EIGHT TO 10 MONTHS, WE'RE FIGURING THE FIRST QUARTER OF 22, YOU KNOW, MAKE TOWARDS THE END OF THE QUARTER.

AND, AND WE, AS, AS GREG MENTIONED, WE'RE GOING TO CONTRACT WITH, UH, AN OUTSIDE MANAGEMENT COMPANY, PROBABLY BE DRUCKER AND, AND, UH, FELT, UH, TO COME IN, UH, HIT THE GROUND FOR US.

CAUSE THEY'RE THERE, THEY'RE THERE, UH, YOU KNOW, LOCALLY AND START THE LEASE-UP PROCESS, UH, UNDER OUR GUIDANCE AND, UH, GET THE PLACE LEASED UP, GET PEOPLE MOVED IN, GET THE OPERATIONS OF THE VARIOUS COMPONENTS OF THE, UH, OF THE BUILDING OPERATIONS SQUARED AWAY.

AND THEN WHEN WE GET IT FULLY LEASED UP, UH, OUR RESIDENT MANAGER WILL COME IN AND, UH, AS A PART OF, UH, THEIR, HER COMPENSATION, UH, SHE GETS A FREE APARTMENT AND A PLUS A SALARY AND SHE, YOU KNOW, SHE WILL BE THERE FULL TIME.

OKAY, GREAT.

I APPRECIATE THE COMMENTS.

UM, ANY OTHER QUESTIONS? ALL RIGHT HERE IN NON FROM OUR COMMISSIONERS, I WILL, UH, UM, ASK IS MR. ANDERSON, DO WE HAVE ANYBODY, UH, CITIZENS OR ANY CALL-INS THAT HAVE ANY QUESTIONS OR COMMENTS? YEAH.

WE HAVE SEVERAL PEOPLE RAISING THEIR HANDS AND I'LL START BRINGING THEM INTO THE MEETING.

NOW, EVERYONE, YOU WILL HAVE THREE MINUTES, UM, AND I WILL LET YOU KNOW WHEN YOUR TIME IS UP.

I'M GOING TO BRING IN STIR WESTERN BURGER, MR. WESTERN BURGER.

WELCOME.

PLEASE UNMUTE YOURSELF AND GO AHEAD.

HI, GOOD EVENING.

CAN EVERYONE, CAN SOMEBODY HEAR ME? YES.

[01:00:01]

OKAY, PERFECT.

UH, SO, UH, I, I'M A MIDDLETOWN FARMS RESIDENT, UH, BEEN LIMITED IN THIS NEIGHBORHOOD FOR ALMOST 20 YEARS.

UM, SEEING LOTS OF, UH, THINGS COME AND GO WITH THE GA.

SO, UH, WHEN THIS APPLICANT CAME FORWARD, UH, AS A, AS A PAST PRESIDENT OF A GRUDER ELEMENTARY SCHOOL FOR ABOUT SIX YEARS, UM, MY FIRST CONCERN WAS THE SCHOOL IMPACT.

UH, IT SOUNDS LIKE THE RESEARCH HAS BEEN DONE, AND IT'S GOING TO BE A PACK, WHICH IS GOOD TO HEAR, UM, NOT SPECIFICALLY FOR THIS APPLICATION, BUT I WOULD JUST LIKE TO SAY FOR OVERALL, IN GENERAL, WITH YOUR COUNTY, AT THIS END OF THE, OF THE COUNTY, I DO STILL HAVE SOME CONCERN WITH OTHER PROPERTIES THAT ARE BEING DEVELOPED AND BUILT ALONG PEDIMENT ROAD AND OVER BEHIND THE WATER COUNTRY AND THE JC PENNY, AND JUST WHAT THAT IMPACT IS, ESPECIALLY ON THE ELEMENTARY SCHOOL AND THE MIDDLE SCHOOL THERE.

SO, UH, JUST FOR THE PLANNING COMMISSION, JUST TO, TO KIND OF KEEP THAT IN THE BACK OF YOUR HEAD IS AS MORE AND MORE PROPERTIES CONTINUE TO BE APPROVED.

IT SOUNDS LIKE IN THIS APPLICATION, UM, THERE ARE ALREADY SOME STUDENTS WHO ARE AT THE, UH, IN THE NEW YORK COUNTY SCHOOL SYSTEMS. SO A, IT APPEARS TO BE A NEGLIGIBLE ADDITION, UH, BASED ON A COUPLE OF MORE STUDENTS.

SO, UH, SO THAT'S A GOOD THING.

UM, I WAS ALSO PLEASED TO, UH, TO SEE THE, UH, THE IMPROVEMENT IN THE FENCE ALONG THE REAR PROPERTY LINE, THAT BORDERS MIDDLETOWN FARMS. I WOULD TELL YOU WHAT I SEE IN THE LAST TWO DECADES OF LIVING IN THIS NEIGHBORHOOD, NOT SO MUCH THE RESIDENTS OF MIDDLETOWN FARMS, BUT IT'S THE RESIDENTS THAT LIVE ACROSS THE RAILROAD TRACK OVER IN THE, EITHER CITY OF WILLIAMSBURG, JAMES CITY COUNTY.

I THINK IT'S THE CITY OF WILLIAMSBURG PROPERTY.

AND, UH, AND YOU KNOW, MY CONCERN OBVIOUSLY IS EVERYDAY PEOPLE ARE CROSSING RAILROAD TRACKS, EVEN THOUGH THERE ARE NO TRESPASSING SIGNS.

UM, AGAIN, NOT FOR, UH, YOU KNOW, MR. SCHOTTENSTEIN TO ADDRESS, OBVIOUSLY THAT'S NOT HIS PROPERTY THAT HE'S PURCHASING, BUT, UM, MY CONCERN WOULD BE PUTTING UP THAT FENCE, BLOCKING IT OFF, AND NOW WHERE WE JUST DIVERTING TRAFFIC.

SO, YOU KNOW, JUST, I'D LIKE TO HAVE BETTER, MAYBE UNDERSTAND HOW, UM, PEOPLE WILL ALWAYS FIND A WAY, RIGHT? SO, UH, JUST, I THINK WE NEED TO BE THINKING AT LEAST MINDFUL OF THAT POTENTIAL THAT PEOPLE ARE NOW NOT GOING TRAVERSE DOWN THE HILL INTO THE BACK OF THE PROPERTY, UH, OF THE, OF THE NEW HOTEL, BUT PERHAPS THEY'LL JUST CONTINUE ALONG THE FENCE LINE ON THOSE EXISTING, UH, RESIDENCES IN MIDDLETOWN FARMS, UH, AND STILL USING THAT AS A CUT THROUGH, AND THEN POP OUT OVER THERE BY THE CVS, UH, AND, UH, PENDING ANY QUESTIONS YOU HAVE FOR ME.

THAT'S ALL I HAVE.

APPRECIATE THE TIME.

THANK YOU, MR. WESTERN BURGER.

UM, APPRECIATE YOUR COMMENTS.

UM, WE DO NEED HIS ADDRESS FOR THE RECORD, MR. WESTENBERG, CAN YOU COME BACK ON AND GIVE US YOUR ADDRESS IN MIDDLETOWN FARMS, PLEASE? YOU'RE ON MUTE.

MAYBE WE LOST HIM.

UH, MR. CROSS, WE'VE GOT, UH, HE, WE KNOW HE LIVES THERE.

WE CAN TRACK, WE CAN TRACK IT DOWN.

SO THE PROPERTY INFORMATION SYSTEM, I THINK I'VE, UN-MUTED NOW FOUR 94 CATESBY LANE FOUR 94 CATESBY LANE.

APPRECIATE IT, MR. ANDERSON, WHO WE KNOW WHO ELSE WE HAVE TEED UP HERE.

I'M GOING TO BRING IN MR. STRUBLE.

MR. RON, STRUBLE UNMUTE YOURSELF AND YOU'RE ON.

GO AHEAD.

WRECK OUR PLAN IT'S HAPPENING NOW WITH THE YORK COUNTY SCHOOL BOARD'S REQUEST FOR $58 MILLION IN THE NEXT FIVE YEARS, JUST FOR DISTRICT ONE, EXPANSIONS.

UH, MR. KING, UM, MY NAME IS RON STRUDEL.

I LIVE AT TWO ZERO FIVE SHADY BLUFF POINT IN WAYNESBURG.

I'M A MEMBER OF THE PRESERVE FIT AND MILL LEADERSHIP TEAM AND A FOUNDING MEMBER OF THE CONSERVE YORK COUNTY FOUNDATION.

THANK YOU FOR THIS OPPORTUNITY TO SPEAK.

LAST SUMMER PRESERVED.

BENTONVILLE MEMBERS WERE APPROACHED BY THE APPLICANT AND ASKED TO PROVIDE INPUT ON THIS PROJECT.

WE THANK THE APPLICANT FOR THAT OPPORTUNITY WHILE WE DO NOT SPECIFICALLY ENDORSE ANY ONE PROJECT, WE CAN SAY THAT RESTORATION OF DILAPIDATED PROPERTIES, RESTORATION OF IMPERVIOUS AREAS TO GREEN SPACE AND AVAILABILITY OF AFFORDABLE HOUSING, OUR STRATEGIC OBJECTIVES OF THE YORK COUNTY CONSERVATORY COUNTY FOUNDATION.

UH, WE SUBMIT NO OVERALL OBJECTION TO THIS PROJECT, BUT IT'S IMPERATIVE.

WE CALL TO THE PLANNING COMMISSION'S ATTENTION AND A MISSION AND THE CRITICAL FISCAL DATA AND THE STAFF REPORT THAT OUR COMMISSIONERS AND BOARD ULTIMATELY NEED TO CONSIDER THIS REPORT.

STAFF OMITS THE TOTAL COST OF ADDING A STUDENT TO OUR SYSTEM.

THE OMISSION IS IN CAPITAL COSTS, WHICH ARE A LAGGING EXPENSE.

OUR SCHOOLS AND UPPER YOUR COUNTY ARE AT OR NEAR CAPACITY HEAVILY DUE TO APPROVALS OF FOUR REZONING PROJECTS OVER THE LAST FIVE YEARS.

THE LAST FIVE YEARS, EACH REZONING APPLICANT HAS BEEN ALLOWED TO EFFECTIVELY DODGE RESPONSIBILITY SETTING, VARIOUS REASONINGS MARQUIS WHITAKER'S, MILL ARBORDALE AND KELTON STATION ALL CURRENTLY AT, OR WILL COLLECTIVELY ADD STUDENTS TO OUR SYSTEM THAT WERE NOT PROGRAMMED FOR THE COMPREHENSIVE PLAN.

SIMPLY PUT THESE REZONINGS

[01:05:01]

THE PROJECT, THIS PROJECT IS SMALL AND WILL ONLY ADD 12 TO 28 STUDENTS, BUT IT PROVIDES AN OPPORTUNITY TO THIS, TO YOUR ATTENTION.

THE CAPITAL COSTS JUST ADD SCHOOL SPACE IS THE SUM, SORRY.

THE CAPITAL COST TO ADD SCHOOL SPACE IS $110,000 PER STUDENT BASED ON THE THREE MOST RECENT SCHOOL CONSTRUCTION PROJECTS IN YOUR ACCOUNTING.

THIS APPLICATION WILL EVENTUALLY CAUSE AN ADDITIONAL 1.3 TO $3.1 MILLION TO BE PAID BY THE TAXPAYER DOWN THE ROAD BEYOND WHAT IS INCLUDED IN THE STAFF REPORT.

STAFF WILL TELL YOU THE SEATS ARE ALREADY THERE, SO THERE WAS NO CLOCK.

SO THERE'S NO COST TO THE COUNTY.

NOTHING IS FREE AS MY MOM ALWAYS TOLD ME, THE BILL IS NOT DUE TONIGHT, BUT IN A FEW YEARS, THE SCHOOL BOARD WILL BE BACK AGAIN, ASKING FOR MORE EXPANSIONS DUE TO DECISIONS MADE WITHOUT ACCOUNTING FOR THE TOTAL FISCAL IMPACT.

PERSONALLY, I LIKE THIS PROJECT WITH THE BENEFITS OF AFFORDABLE HOUSING, GREEN SPACE RESTORATION, AND REHABILITATION OF BLIGHTED PROPERTIES.

THIS MAY BE WORTH THE EXPENSE OF TAXPAYERS, BUT LET'S NOT OVERLOOK THE REAL COST OF THIS PROJECT WHEN CONSIDERING APPROVAL.

THANK YOU VERY MUCH.

MA'AM SIR.

OKAY, MR. STRUBLE.

THANK YOU FOR YOUR COMMENTS.

UM, APPRECIATED AND WE'LL MOVE ON TO OUR NEXT, UH, OUR NEXT, UH, CITIZEN COMMENT, MR. HENDERSON.

OR BRING IN MR. HOLBROOK.

HEY, MR. HALL, ROID.

WELCOME ADDRESS FOR THE RECORD.

THANK YOU, MICHAEL.

MY NAME IS .

UM, I'LL ECHO WHAT, UH, WHAT MICHAEL AND RON ALREADY SAID.

UM, I TOO BELIEVE THAT THIS IS A WORTHWHILE PROJECT.

IT, UH, IMPROVES AT THE LAMINATED, UH, AREA.

IT, UH, IT BRINGS IN LOW COST HOUSING OVERALL IT'S IN LINE WITH WHAT WE'RE TRYING TO ACHIEVE AND THAT OUR MERRIMACK TRAIL A SECOND STREET AREA.

SO I'M VERY, VERY HAPPY WITH THIS OVERALL PROJECT.

I TWO THEY'LL HAVE THE CONCERNS THAT MICHAEL EXPRESSED AND RON EXPRESSED AROUND, UH, SCHOOLING.

UM, RON HAS PROBABLY COVERED IT WELL, AND HE'S $110,000 PER STUDENT, UH, THAT WE HAD THE SYSTEM IS ULTIMATELY THE COST OF THE TAXPAYER PAYS FOR, UH, FOR ALL OF THESE REZONING EFFORTS.

WE HAVE, UH, REVIEWED THE FISCAL STUDY PREPARED FOR THIS PROJECT BY, UM, I DON'T HAVE IT HERE.

MAGNET ECONOMICS, IT'S REALLY JUST A REVENUE GENERATION STUDY.

THEY NEVER REALLY LOOKED AT THE COSTS.

I DO COMPLIMENT THE PLANNING GROUP FOR HAVING GONE THROUGH AND VALIDATED WHAT THE COSTS ARE FOR THIS PROJECT, THAT THEY TOO HAVE LEFT OUT THE CAPITAL COST OF SCHOOLING.

AND I THINK AS A, AS A FUNDAMENTAL, UM, PR UH, PROCESS GOING FORWARD, WE NEED TO LOOK AT ALL FISCAL ECONOMIC STUDIES AND WE NEED TO LOOK AT THE CAPITAL COST OF SCHOOLING BEING INCLUDED IN THOSE ECONOMIC STUDIES.

IF WE'RE GOING TO LOOK AT A FAIR AND TRUE VALUE OF WHAT THESE PROJECTS DO FOR THE COUNTY, AS I SAID, I ALREADY, I ALREADY SCORED AND APPROVED WHAT, UH, WHAT THIS PROJECT BRINGS, UH, TO, UH, TO REDACT TRAIL.

UH, I JUST THINK WE NEED A, A PROPER ASSESSMENT FRONT OF, IN FRONT OF THE COMMISSION ON WHAT THE TRUE COSTS OF THESE PROJECTS ARE AND CAPITAL COST OF SCHOOLING OR SOMETHING THAT WE'RE JUST NOT GOING TO WALK AWAY FROM IT.

WE NEED TO HAVE THAT IN FRONT OF US.

I THANK YOU FOR BOTH FOR THIS TIME.

AND, UH, I APPRECIATE THE OPPORTUNITY TO SPEAK.

THANK YOU, MICHAEL.

THANK YOU, MR. HOLROYD.

UM, MR. ANDERSON NEXT.

ALL RIGHT, WE'RE GOING BRING IN DARCY TUCKER, GO AHEAD.

HI, CAN YOU HEAR ME? YES.

MA'AM.

WE CAN MS. TUCKER NAME AND ADDRESS FOR THE RECORD.

UM, REALLY STRUGGLED TO FIND AFFORDABLE, CONVENIENT HOUSING.

I'M DARCY TUCKER AT TWO 18 SKIMBO ROAD.

I AM ALSO A MEMBER OF THE PRESERVE FENTON MILL LEADERSHIP TEAM AND THE CONSERVE YORK COUNTY FOUNDATION.

AND WE ARE SO GRATEFUL THAT MR SCHOTTENSTEIN AND MR. DAVIS REACHED OUT TO US SEVERAL MONTHS AGO AND TOOK OUR CONCERNS SERIOUSLY.

UM, MY OPINION ON THIS IS THAT I BELIEVE THE CORRIDOR WOULD BENEFIT GREATLY FROM THE INCREASED GREEN SPACE THAT THIS PROJECT WILL CREATE.

AND FROM THE PROXIMITY OF THE RESIDENCE WITH RESTAURANTS, A DRUG STORE, A GROCERY STORE, EVEN A SHOE REPAIR, THEIR RESIDENTS WOULDN'T NEED TO USE THEIR CARS TO RUN THEIR ERRANDS.

SO THIS PROJECT WOULD CREATE AN, A SENSE OF MIXED USE AREA.

LIKE THE COUNTY HAS BEEN SEEKING IN WHICH THERE ARE ALREADY TENANTS AND THE COMMERCIAL SPACES.

UM, IT ALSO MEETS A VERY REAL NEED FOR AFFORDABLE HOUSING NEAR COLONIAL WILLIAMSBURG.

THIS BUILDING IS WITHIN WALKING DISTANCE OF CW AND MANY OF CWS, YOUNGER EMPLOYEES OF WHICH I WAS ONCE ONE,

[01:10:01]

AND SO THEY WOULD TRULY BENEFIT FROM THESE APARTMENTS BECAUSE OF THEIR LOCATION, THEIR PRICE POINT AND THEIR AMENITIES.

I THINK IT WOULD BE A REAL BENEFIT TO THE COLONIAL WILLIAMSBURG EMPLOYEES AND TO THE GREATER COMMUNITY.

AND I AM ABSOLUTELY IN FAVOR OF THIS.

RE-PURPOSING.

APPRECIATE YOUR COMMENTS.

THANK YOU, MS. TUCKER.

UM, MR. ANDERSON, DO WE HAVE ANYBODY ELSE? YES, WE HAVE ONE MORE.

APPRECIATE YOUR COMMENTS.

SICU BILLINGS.

YOU CAN GO AHEAD AND ON UNMUTE MR. CHAIRMAN.

MY NAME IS SEKOUBA LYNX.

I CURRENTLY RESIDE AT ONE ONE ZERO NORTH JOSHUA'S WAY, YORKTOWN, VIRGINIA.

UH, THANK YOU VERY MUCH FOR ALLOWING ME TO PROVIDE COMMENTS, JUST LIKE THE OTHER RESIDENTS OF YOUR COUNTY.

I'M VERY SUPPORTIVE OF THIS PARTICULAR PROJECT PROVIDES AFFORDABLE HOUSING, AS WELL AS IT PROVIDES IMPROVEMENT ON A PROPERTY THAT'S BEEN DECLINING IN YEARS.

I GUESS MY PRIMARY CONCERN IS THE OVERALL FISCAL IMPACT, HOW IT WAS DESCRIBED AS POSITIVE, BUT NOT, NOT NECESSARILY KNOWING THE OCCUPANCY RATE OF THE HOTELS.

I'M SORRY, THE OCCUPANCY RATE OF THE APARTMENTS IN THAT GENERAL AREA.

SO THAT FISCAL IMPACT COULD GO UP OR DOWN DEPENDING ON WHAT THE OCCUPANCY RATE IS CURRENTLY PROJECTED FOR THAT PARTICULAR AREA.

SO WITH THAT'S IT, THAT WRAPS UP, UM, MY COMMENT, MR. CHAIRMAN.

THANK YOU VERY MUCH.

THANK YOU, MR. BILLINGS.

UM, DREW ANDERSON, WE HAVE ANYBODY ELSE SIGNED UP OR RAISING THEIR HAND.

I SHOULD SAY WE HAVE NO ONE ELSE WITH THEIR HAND RAISED.

UH, AND WITH THAT, I'LL CLOSE IT CLOSE THE PUBLIC HEARING, AND, UH, THIS MATTER IS UP FOR DISCUSSION OF THE COMMISSION.

NO PRESSURE.

I DON'T WANT, I DON'T HAVE TO COMMENT IF YOU DON'T WANT, BUT UH, IF YOU HAVE ANYTHING YOU WANT TO SAY, COMMISSIONER'S, NOW'S THE OPPORTUNITY.

RAISE YOUR HAND AND I WILL, UH, CALL ON YOU.

I SAW MANI FIRST, MR. JOHNS, MR. CHAIRMAN, I FEEL VERY POSITIVE ABOUT THIS, UH, PROJECT.

UH, ONE OTHER THING I'D LIKE TO MENTION IS THAT A ONE 43 IS ONE OF THE MOST HEAVILY USED ROUTES WITH WATER.

AND SO, UH, THAT AVAILABILITY OF PUBLIC TRANSPORTATION, UH, WITH THIS PROJECT, UH, CAN ACCOMPLISH ONE OF OUR AIMS IS TO GET PEOPLE OUT OF INDIVIDUAL CARS, UH, TO PROVISION OF, UH, OF, UH, BIKE FACILITIES, UH, THIS DOVETAILS VERY WELL.

AGAIN, WE'VE TRIED VERY HARD TO PROVIDE HOUSING FOR, UM, AFFORDABLE HOUSING FOR, UH, WORKFORCE HOUSING FOR PEOPLE WHO WORK IN COLONIAL WILLIAMSBURG, RETAIL AND FOOD SERVICES.

SO THIS IS A WIN-WIN PROJECT.

AND, UM, SO I'M, I'M LEANING FAVORABLE TOWARDS THIS PROJECT.

GOT IT.

THANK YOU, MR. JOHNS, MR. PETERMAN, YOU'RE NEXT? YES, I'M UH, IN FAVOR OF THIS PROJECT, UH, THE CURRENT GEORGE WASHINGTON MOTEL IS BEEN GOING DOWNHILL FOR MANY YEARS.

UH, THIS REPLACES THAT, UH, STRUCTURE, UH, AND ALLOWS US TO HAVE AFFORDABLE HOUSING WHERE IT'S REALLY NEEDED.

AND THESE RESIDENTS CAN GO TO ALL THE PLANES PIECES THAT THEY NEED TO GO NOT BY USING THEIR CARS.

SO I'M IN FAVOR OF THIS PROJECT.

THANK YOU, MR. PETERMAN, APPRECIATE YOUR COMMENTS.

UM, ANY OTHER COMMISSIONERS WISH TO SHARE THEIR THOUGHTS? JUST A QUICK COMMENT.

UH, I, TO HIM FOR THE PROJECT, UH, SERGEANT THESE PEOPLE HAVE DONE A WONDERFUL JOB WITH THEIR PLANNING AND DEVELOPMENT.

UM, I, I AM A LITTLE SKEPTICAL WHETHER SIX MILLION'S GOING TO BE ENOUGH, BUT THAT'S JUST THE CONTRACTOR IN, RIGHT.

UH, SORRY ABOUT THAT.

UM, I'M SURE YOU'LL SOMETHING ELSE THAT'LL SURPRISE YOU, BUT, UH, THE PLAN AND, UH, TRYING TO REMOVE THIS BLIGHTED AREAS.

WONDERFUL.

UH, OR CHECK SOME BOXES IN OUR COMP PLAN AS MR. PETERMAN AND MR. JOHNS AND OTHERS HAVE SAID ABOUT, UH, PROVIDING AFFORDABLE HOUSING OR LINKAGE TO, UH, UM, TRANSPORTATION, WHICH IS RIGHT OUT FRONT, MR. TITUS, YOU MENTIONED, UH, THE CROSSWALK, UH, AS BEING SOMETHING THAT'S IMPORTANT.

THANK YOU, MR. CRINER.

I, I TEND TO AGREE WITH YOU.

I THOUGHT THE 6 MILLION WAS A LITTLE LOW, SO I WAS, THAT'S WHY I ASKED A QUESTION.

I'M NOT A CONTRACTOR LIKE YOU ARE, BUT, UH, UM, UH, DOING A QUICK MATH IN MY HEAD, IT SEEMED LIKE IT WOULD, WOULD REQUIRE A LITTLE BIT MORE.

HOWEVER, I AM PLEASED AT, UH, WE HAVE, UH, OUTSIDE INVESTOR, SOMEONE COMING IN HERE WILLING TO INVEST THEIR FINANCES INTO A PROPERTY THAT IF YOU'VE BEEN OUT TO IT YOU'LL KNOW THAT THIS NEEDS IT.

I WANT TO BE POLITE TO THE OWNERS OF THE GEORGE WASHINGTON END, BUT I GOTTA TELL YOU, UH, IT'S, IT'S IN NEED OF SOME HELP AND, UH, WHATEVER HELP WE CAN PROVIDE IT.

AND AT THE SAME TIME, UH, PLUGIN,

[01:15:01]

I TOO WAS LOOKING FOR THAT THINKING.

EVERYONE'S GOING TO GO ACROSS TO JAMES GEORGE PLAZA.

IF THE COUNTY CAN SOMEHOW WORK WITH V.TO GET US, UH, A NICE CROSSWALK FROM THE CVS AREA, WHICH GOES ACROSS TO THAT, THAT WOULD BE WONDERFUL.

UM, POSITIVE FISCAL IMPACT.

I HEARD OUR CITIZENS SAY THEY WEREN'T SOLD ON THE, UH, FISCAL IMPACT THAT THIS IS GOING TO PROVIDE AND BASED ON WHAT IT'S GOING TO COST TO EDUCATE THE STUDENTS, UM, THAT MAY BE POSSIBLE.

BUT I JUST LIKE TO COMMENT ON THAT.

UM, I'M ONE OF THE TYPES THAT I, I DON'T THINK KIDS ARE BAD.

AND I'M NOT SAYING ANYBODY SUGGESTED THAT, UH, CHILDREN IN OUR COMMUNITY OR A POSITIVE THING, THEY GROW UP TO BE PEOPLE LIKE YOU AND ME, PEOPLE ON THE COMMISSION, THEY GROW UP HERE, THEY CONTRIBUTE TO OUR SOCIETY.

THEY'RE WORTH OUR INVESTMENT AND EVERYTHING.

SHOULDN'T BE GAUGED UPON, UH, WHAT IT COSTS TO EDUCATE OUR KIDS.

AND I'M A TAXPAYER HERE TOO.

UH, MY CHILD IS, UH, BEYOND SCHOOL AGE AND, UH, I'M STILL PAYING JUST LIKE THE REST OF YOU.

AND I THINK IT'S A WORTHWHILE INVESTMENT AND THAT'S NOT A NEGATIVE COMMENT TO OUR CITIZENS WHO SUGGESTED THAT THE REAL COST ARE NOT REALLY, UH, UM, UH, TR UH, TRANSPARENT HERE, BUT I JUST WANT TO ADD MY POINT THAT I THINK IT'S A POSITIVE INVESTMENT WHERE WE GET FAMILIES IN HERE AND THE COUNTY IS OVERLOADED WITH, UH, THE TOP END OF ELDERLY POPULATION.

ANYTIME WE GET KIDS TO GROW UP HERE AND, AND, AND, UH, MAKE A LIVING HERE IN THIS COUNTY.

I LIKE TO SUPPORT THAT IDEA.

UM, I THINK JUST AS A POSITIVE FISCAL IMPACT OVERALL LOOKING AT IT, I'M GLAD THAT WE'RE TAKING A, UM, I WON'T CALL IT BLIGHTED, BUT, UH, A LESS THAN DESIRABLE AT THE, UH, BUILDING AND TURNING IT INTO SOMETHING THAT, UH, UH, HOPEFULLY WILL LOOK NICE, UH, FROM OUR APPLICANTS.

UH, IT'S A HIGHLY VISIBLE, I'VE BEEN HERE ALL MY LIFE, OTHER THAN MY ARMY TIME.

I'VE DRIVEN BY IT MANY TIMES.

I AGREE WITH, UH, THOSE OF YOU THAT ARE MORE FAMILIAR WITH THE UPPER COUNTY.

IT'S BEEN, IT'S BEEN LOOKING KIND OF, UH, UH, UH, UH, ANEMIC IN THE LAST DECADE OR TWO.

SO, UH, I'M GOING TO BE IN FAVOR OF THIS.

UM, I, I THINK IT HELPS OUR CONFERENCE OF PLAN AND I'M NOT OPPOSED OF REMOVING A GENERAL DISTRICT, UH, UH, DESIGNATION IF IT'S GOING TO HELP, UH, FURTHER SOME, UH, OTHER GOALS IN OUR CONFERENCE PLAN WITH THAT.

UH, I'LL ASK HER ANY OTHER LAST COMMENTS FROM OUR COMMISSIONERS THAT DIDN'T HAVE AN OPPORTUNITY TO SAY ANYTHING HERE IN NON I'LL, OPEN IT UP AND ENTERTAIN A MOTION FOR THIS APPLICATION.

UM, I MOVE FORWARD A PC 21 DASH ONE ONTO THE BOARD OF SUPERVISORS.

THANK YOU, MR. CRINER, WE HAVE A MOTION ON THE TABLE TO SEND THIS TO THE BOARD OF SUPERVISORS WITH A RECOMMENDED RECOMMENDATION OF APPROVAL.

MS. LINSON BIGLER, PLEASE CALL THE ROLL.

THE MOTION BY MR. CRINER IS TO ADOPT PC 21 DASH ONE TO RECOMMEND APPROVAL OF A REQUEST TO REZONE, APPROXIMATELY 6.4 ACRES LOCATED AT 505 12 FIVE 16 AND 600 MERRIMACK TRAIL MISLEADING.

THANK YOU, MR. CRINER.

MOTION PASSES SEVEN TO ZERO.

THANK YOU, MR. CROSS, I THINK THE APPLICANTS, UH, UH, UNDERSTAND WHEN THIS IS GOING TO BOARD OF SUPERVISORS FOR THE, BUT FOR THE BENEFIT OF THE REST OF US.

IF YOU COULD PLEASE REITERATE THAT THIS SHOULD GO TO THE BOARD OF SUPERVISORS AT IT'S FEBRUARY 16TH MEETING.

I APPRECIATE IT.

AND THANK EVERYONE.

AND, UH, UM, THANKS FOR CITIZENS FOR, UH, PARTICIPATING IN THE COMMENT PERIOD.

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

TO APPLICATION NUMBER ZM ONE 89 DASH 21 PARKWAY CENTER, LLC.

UH, WITH THAT, WE'RE, WE'LL BE MOVING ON

[Application No. ZM-189-21, Parkway Center, LLC]

AND I WOULD ASK, UH, MR. ATKINS, OUR, UH, ATTORNEY FOR THE PLANNING COMMISSION, I WOULD JUST LIKE TO MAKE A NOTE THAT I WOULD LOVE TO RECUSE MYSELF FROM THE REVIEW AND, UH, OF THIS APPLICATION AND VOTING DEFENSE DEPARTMENT EMPLOYEE WORKED FOR THE NAVY.

AND THEY'VE COMMENTED ON THIS APPLICATION.

IT'S NOT A, IT'S NOT A SIGNIFICANT COMMENT, BUT TO BE ON A SAFE SIDE,

[01:20:01]

I'D LIKE TO, UH, RECUSE MYSELF.

AND WITH THAT, UM, WITH THAT I'M ASKING, UH, OUR VICE CHAIRMAN, MR. GLEN TIE TO SEE IF HE COULD PLEASE TAKE OVER AND, UH, I'LL COME BACK WITH OUR NEXT APPLICATION, MR. TITUS, IF YOU WOULD, PLEASE.

UH, THE KINGSMILL SECTION OF JAMES CITY COUNTY, UH, BUT THEY WERE LOOKING FOR AN, A PERMANENT HOME.

MR. CHAIRMAN, UH, BE GLAD TO, AND, UH, UH, I THINK IT'S, UH, MR. CROSS, THANK YOU, MR. VICE CHAIRMAN APPLICATIONS, DAMN ONE 89 21, UH, SUBMITTED BY PARKWAY CENTER, LLC IS A REQUEST TO REZONE 8.8 ACRES AT 500 MARQUIS PARKWAY FROM ECONOMIC OPPORTUNITY TO GENERAL BUSINESS SUBJECT TO VOLUNTARILY PROFFERED CONDITIONS.

THE PARCEL IN QUESTION IS OUTLINED IN BLUE ON THE MAP HERE IT IS THE FORMER JC PENNY BUILDING AT THE MARQUEE AND THE MARQUEE CENTER.

THE SHOPPING CENTER IS OUTLINED IN BLACK ON THE MAP HERE.

THE PROPERTY IS ZONED ECONOMIC OPPORTUNITY.

MOST OF THE SURROUNDING PROPERTY IS ALSO THE RC THAT YOU SEE TO THE EAST IS THE, UH, NAVAL WEAPONS STATION YORKTOWN.

THE PD THAT YOU SEE TO THE SOUTH OF THE PROPERTY.

IT IS THE, UM, MARQUIS HILLS PLAN DEVELOPMENT ON THE SOUTH PALETTE OF THE MARQUEE PROPERTY.

UM, IF YOU'RE FAMILIAR WITH THE HISTORY OF THE MARQUEE, UH, IT'S GONE THROUGH A LOT OF, UH, STRUGGLES AND EVOLUTION OVER TIME.

THE MARQUEE WAS ORIGINALLY APPROVED IN 2005 AS A, FOR 800.

I BELIEVE IT WAS 840,000 SQUARE SQUARE FEET OF COMMERCIAL SPACE, UH, SHOPS, RESTAURANTS, UH, HOTEL, UH, AND THAT WAS INCREASED IN 2007 TO 1.2 MILLION SQUARE FEET.

AND, UH, WE DID, UH, THE FIVE STORES THAT ARE OUT THERE CURRENTLY WERE BUILT, UH, IN 2007, 2008, WE WERE TALKING ABOUT TARGET BEST BUY DICK'S, SPORTING GOODS KOHL'S AND THE FORMER JC PENNY.

UM, AND AT THAT, AFTER THAT, UH, CONSTRUCTION STALLED, THERE WERE A NUMBER OF PROBLEMS, THE ORIGINAL DEVELOPER, THE PROPERTY, THE PROJECT WAS SOLD.

UH, SO THERE'S BEEN NO CONSTRUCTION OUT THERE, UH, SINCE 2008 AND IN 2015, I WANTED TO MAKE MATTERS WORSE.

THE JC PENNY STORE CLOSED AT STORES, AND IT'S BEEN VACANT EVER SINCE.

UH, THERE WAS, UH, IN 2013, THERE WAS AN APPLICATION TO, UH, UH, AUTHORIZE A SAM'S CLUB ON THE PROPERTY, AND THAT WAS APPROVED.

AND THE SAM'S CLUB, YOU SEE THAT, UH, PARCEL OUTLINED, UH, RIGHT SOUTH OF THE JC PENNY.

UH, THEY DID ACTUALLY ACQUIRE THE PROPERTY AND SUBMIT A SITE PLAN.

UNFORTUNATELY, THAT PROJECT WENT FORWARD, UH, AT THE SAME TIME IN 2013, UH, THE BOARD APPROVED AN APPLICATION TO REZONE THE SOUTH POD, UH, TO RESIDENTIAL, PARTLY FOR THE PURPOSE OF SUPPORTING SOME OF THE COMMERCIAL OUT HERE.

UM, AND THAT RESIDENTIAL DEVELOPMENT IS NOW UNDERWAY.

AND HERE'S A BIRD'S-EYE VIEW OF THE FORMER JC PENNY BUILDING.

AND AS YOU CAN SEE A BIG BUILDING, 105,000, 270 SQUARE FEET AND A LARGE EMPTY PARKING LOT, UM, IT'S THE VIEW OF THE, UH, MAIN ENTRANCE FROM MARQUEE PARKWAY LOOKING FROM, UH, UH, THE CORNER OF AARON, AND THIS IS THE SOUTHERN, UH, ENTRANCE, UH, AN ATTRACTIVE BUILDING.

IT'S GOT A NICE FACADE, BUT UNFORTUNATELY NOTHING INSIDE COUNTY WAS APPROACHED BY, UH, REPRESENTATIVES OF FOUNDATIONS, CHURCH WILLIAMSBURG.

UH, I BELIEVE IT WAS LAST FEBRUARY.

UM, AND, UH, THEY PRESENTED US WITH A CREATIVE IDEA, UH, FOR THE JC PENNY, FORMER JC PENNY BUILDING, UH, THAT, UH, THAT WOULD, UH, PROVIDE THE CHURCH WITH A NEW PERMANENT HOME, UH, AS WELL AS, UH, OFFER SOME, UH, POSITIVES FOR THE MARQUEE.

AND, UH, THE COUNTY, THE CHURCH HAD BEEN MEETING IN THE LEGACY HALL BUILDING IN A NEW TOWN IN JAMES CITY COUNTY.

AND, UH, THEY HAD OUTGROWN THAT SPACE, UH, DESPITE ADDING, UH, ADDITIONAL SERVICES, SUNDAY SERVICES, UH, THEY ARE CURRENTLY MEETING AND THE DOUBLETREE HILTON HOTEL, THE OLD KINGSMILL MARRIOTT,

[01:25:01]

AND SO, UH, THEY, THEY SETTLED ON THE JC PENNY BUILDING FOR A NUMBER OF REASONS.

UM, AND THEY CAME TO US WITH A PROPOSAL TO, FOR, UH, IT'S ANOTHER ADAPTIVE REUSE PROJECT HERE, UH, TO CONVERT THE FORMER RETAIL BUILDING INTO SORT OF A MULTI-PURPOSE BUILDING THAT WOULD INCLUDE, UH, NOT JUST THE CHURCH AND VARIOUS ANCILLARY FACILITIES, BUT ALSO, UH, UH, ADDITIONAL, UH, USES THAT WOULD BENEFIT THE COMMUNITY AS WELL AS GENERATING REVENUE, UH, INCLUDING A CHILDCARE CENTER, UH, WHAT THEY CALL A, WHAT THEY'RE CALLING A CO-WORKING TRAINING, INCUBATOR FACILITY, BOOKSTORE, CAFE, AND RETAIL TENANTS IN PARTICULAR, THEY PLAN TO TARGET, UM, UH, RESTAURANTS, UH, ANY KIND OF DINING TYPE USES, UH, IS ANYBODY FAMILIAR WITH THE MARK? HE KNOWS THE ONE THING THAT'S CRITICALLY MISSING OUT THERE IS A PLACE TO EAT.

UH, SO I, I KNOW THAT'S A FOCUS, UH, OF, OF THEIR EFFORTS.

I WILL NOTE THAT THESE ARE THEIR INTENDED USES.

UH, THERE'S NO GUARANTEE THAT THESE ARE THE USES THAT WILL BE ACTUALLY, UH, PROVIDED IN THE BUILDING THEY USE.

THIS WILL BE DICTATED BY THE ZONING AND THE PROFFERS.

UH, THE PROPOSAL IS TO REZONE THE PROPERTY FROM ECONOMIC OPPORTUNITY TO GENERAL BUSINESS BECAUSE PLACES OF WORSHIP ARE NOT PERMITTED IN THE EOS ZONING DISTRICT.

UH, UH, THEY ARE PERMITTED IN THE GBS ZONING DISTRICT.

SO, UH, HENCE THE NEED TO, FOR THEM TO REZONE THE PROPERTY.

UH, I SUBMITTED A PROPER STATEMENT, UH, AND, UH, TWO PROFFERS.

THE FIRST ONE IS THAT A MINIMUM OF 20,000 SQUARE FEET IN THE BUILDING ABOUT A FIFTH OF THE BUILDING WILL BE SET ASIDE FOR COMMERCIAL RETAIL BUSINESS.

PROFESSIONAL SERVICE EDUCATIONAL USES A REVENUE GENERATING USES, UM, AS A MINIMUM OF 20,000 SQUARE FEET.

AND THEY'VE ALSO PROPER TO PROVIT PROHIBIT CERTAIN USES THAT WOULD OTHERWISE BE PERMITTED EITHER BY, RIGHT OVER THE USE PERMIT AND THE GBS ZONING DISTRICT.

AND YOU CAN SEE THE LIST, THEIR VIDEO ARCADE VET, CLINIC NIGHTCLUB, A CONTRACTOR SHOP, UH, ET CETERA.

THEY HAVE SUBMITTED SOME CONCEPTUAL DRAWINGS OF WHAT THE BUILDING MIGHT LOOK LIKE.

UH, THOUGH MOST OF THE IMPROVEMENTS WOULD BE TO THE INTERIOR.

UH, THEY ARE, UH, SHOWING SOME, UH, FACADE IMPROVEMENTS, UH, ADDITIONAL WALL SIGNAGE.

UH, ANOTHER INTERESTING FEATURE, UH, THAT WOULD BE A POSITIVE ADDITION WOULD BE THE OUTDOOR DINING THAT YOU SEE, UH, ON THE SIDEWALK THERE SURROUNDING THE BUILDING.

AND THEN HERE'S ANOTHER, UH, PICTURE OF THE MAIN ENTRANCE, UH, AS IT MIGHT LOOK, UH, IF THIS APPLICATION IS APPROVED, UM, DUDE FROM, UH, ACROSS THE STREET, BASICALLY THE TARGET SIDE OF THE PROPERTY, IF SUBMITTED A FLOOR PLAN, SHOWING THE PROPOSED USE OF THE BUILDING, WHAT THEY INTEND TO DO WITH IT, UH, THE MAIN ENTRANCE TO THE BUILDING IS HERE ON THE BOTTOM OF THE SCREEN.

AND SO ALONG THESE, UH, THE FRONT OF THE BUILDING, YOU WOULD HAVE, UH, SEVEN, UH, SHOWING ME SEVEN, UH, UNITS FOR PROSPECTIVE, UH, RESTAURANT RETAIL TENANTS, UH, BOOKSTORE CAFE, AND THEN THE CHURCH ASSEMBLY OR THE AUDITORIUM WOULD BE BACK HERE IN THE BACK CORNER OF THE BUILDING, A CHILDCARE CENTER OVER HERE WITH THE PLAYGROUND OUTSIDE BEHIND THE BUILDING, UM, SOME GATHERING SPACE, A CHURCH OFFICE, UH, RESTROOMS, MULTIPURPOSE ROOM, UH, AND A CHAPEL, UM, AND THE COWORKING, UH, TRAINING INCUBATOR THAT I MENTIONED.

UH, SO THIS IS THEIR VISION FOR THE INTERIOR OF THE BUILDING.

UM, WE, TRAFFIC ESTIMATES FOR THE MARQUIS HAVE GOTTEN PROGRESSIVELY LOWER AS THE PROJECT HAS EVOLVED OVER TIME AND BEEN SCALED BACK, UH, AS YOU CAN SEE UNDER THE, UNDER THE CURRENT APPROVALS, UH, THEY ARE GENERATING ABOUT A THIRD, THE AMOUNT OF TRAFFIC THAT WAS

[01:30:01]

ORIGINALLY PROJECTED, NOT ORIGINALLY, BUT IT WAS PROJECTED BACK IN 2007.

UM, BACK WHEN THEY WERE, WHEN THE DEVELOPER WAS, UH, PLANNING TO BUILD A $1.2 MILLION, A MILLION SQUARE FEET OF COMMERCIAL SPACE, UH, WHAT WE HAVE OUT THERE NOW WITH THE FIVE BUILDINGS IS ABOUT 400,000 SQUARE FEET.

SO IT'S NOT A THIRD OF WHAT WAS ENVISIONED.

SO THE GENERATING A MUCH, MUCH LESS TRAFFIC, UM, UH, THE MARQUIS AS A WHOLE, I'M TALKING ABOUT HERE, UH, MUCH LESS TRAFFIC THAN THE ROAD INFRASTRUCTURE WAS DESIGNED FOR.

UH, I DON'T KNOW IF YOU'RE GONNA SEE THE LAST BAR ON THE CHART BECAUSE ON MY SCREEN, IT'S OBSCURED BY THE VIDEO, BUT, UH, WHAT IT'S, UH, SHOWS IS IF YOU WERE TO ADD THE TRAFFIC GENERATED BY THE, UH, THE MULTIPURPOSE BUILDING BASED ON THE MIX OF USES THAT THEY PROPOSED, UM, IT SHOWS THAT IF YOU ADD THAT TO WHAT'S CURRENTLY APPROVED, IT'S STILL WELL BELOW, UH, PREVIOUS TRAFFIC, UH, ESTIMATES FOR THIS PROJECT.

AND THIS IS WHAT WE'RE LOOKING AT HERE IS AVERAGE DAILY TRIPS.

UM, IF YOU LOOK AT THE, UH, PEAK HOUR TRIPS, GREEN BARS, THE MORNING PEAK RED BAR IS THE PMP.

UH, YOU CAN SEE ONCE AGAIN THAT, UH, EVEN WITH THE, UH, THE MIX OF USES IN THE PROPOSED MULTIPURPOSE BUILDING, UH, MUCH LESS TRAFFIC WOULD BE GENERATED IN THE PEAK HOUR AT THE MARQUEE THAN WAS ORIGINALLY INVENTED INTENDED OR THAN WAS ORIGINALLY ESTIMATED AND, UH, UH, LESS THAN THE, UH, INFRASTRUCTURE WAS DESIGNED FOR.

SO YES, TRAFFIC WILL INCREASE IN THIS CASE.

THAT'S A GOOD THING.

WE NEED MORE TRAFFIC OUT THERE.

UH, AND, UH, BUT IT'S CERTAINLY MANAGEABLE WITH THE INTERNAL ROADWAY NETWORK, UH, OUT THERE BASED ON PREVIOUS TRAFFIC IMPACT ANALYSIS THAT HAVE BEEN, UH, APPROVED AND VETTED THROUGH VIRGINIA DEPARTMENT OF TRANSPORTATION, OBVIOUSLY ANYTHING IS GOING TO GENERATE MORE TRAFFIC THAN AN EMPTY RETAIL STORE.

YEAH, FISCAL IMPACTS, UM, WOULD BE VERY DIFFICULT TO QUANTIFY SINCE WE DON'T KNOW THE MIX OF USES, AND THERE ARE OTHER COMPLICATING FACTORS.

UH, IT IS THERE SINCE A PORTION OF THE BUILDING WOULD BE, UH, FOR, UH, RELIGIOUS USES.

THERE IS A POTENTIAL FOR TAX EXEMPTIONS, UH, FOR THOSE ELEMENTS OF THE BUILDING, UM, SUCH AS THE AUDITORIUM, THE CHAPEL CHURCH OFFICE, UM, FOR THE REST OF THE BUILDING, UH, WE'RE LOOKING AT THE DIRECT IMPACT OF THE ADDITIONAL REVENUE THAT WOULD BE GENERATED THROUGH A LEASED SPACE, UM, SALES TAX, HOPEFULLY MEALS TAX, IF THEY CAN GET SOME RESTAURANTS IN THERE, UH, THE CHILDCARE CENTER, UH, THE COWORKING FACILITY, THOSE WOULD ALL BE NON-RELIGIOUS, UH, USES AND SUBJECT TO, UH, TEXAS, UH, LOCAL TAXATION.

THE INDIRECT IMPACTS ARE VERY IMPORTANT THAT WE FEEL IN THIS CASE, UH, THROUGH THE INCREASED SALES AND EXISTING STORES.

UM, WE, UH, THE WAY WE LOOK AT THIS PROJECT, UH, IS THAT IT WOULD BRING A LOT OF ACTIVITY, A LOT OF PEOPLE TO THE MARQUIS WHO WOULD NOT OTHERWISE BE THERE, AND MORE THAN LIKELY A GOOD NUMBER OF THEM ARE GOING TO WIND UP SHOPPING AT, UH, THE STORES THAT ARE OUT THERE CURRENTLY, IN ADDITION TO SPENDING MONEY IN THE, UM, UH, AS A COMMERCIAL FACILITIES THAT WILL BE PROVIDED IN THE BUILDING.

UH, SO WE SEE POSITIVE, UH, DIRECT AND INDIRECT IMPACTS, UH, FROM THIS, UH, FROM THIS PROJECT, UH, DOWNSIDE IS, UH, MOST OF THIS TAX REVENUE WILL NOT GO TO THE COUNTY, AT LEAST IN THE NEAR TERM, UH, THE, UH, UH, THE, UH, MONEY, UH, THE REVENUE, MOST OF THE REVENUES GENERATED FROM ALL THE BUSINESSES IN THE MARQUEE ACTUALLY ACCRUE TO THE BOND HOLDERS WHO, UH, PURCHASED BONDS TO FINANCE THE INFRASTRUCTURE THAT'S OUT THERE.

UM, WE HAVE A COMMUNITY DEVELOPMENT ASSOCIATION IN THE MARQUEE CDA, UH, WHICH ISSUED THOSE BONDS, UH, AND ON THE BRIGHT SIDE, UH, THE SOONER THOSE BONDS ARE PAID OFF, THE SOONER THE COUNTY WILL BE RECEIVING THOSE TAX REVENUES.

SO, UM,

[01:35:01]

THIS WILL HELP TO MAKE THAT HAPPEN.

AND, UH, HOPEFULLY WE CAN ACCELERATE, UH, THE PAY OFF OF THOSE BONDS BY GENERATING MORE ECONOMIC ACTIVITY OUT THERE.

UH, THE ECONOMIC OR THE OFFICE OF ECONOMIC DEVELOPMENT HAS REVIEWED THIS APPLICATION AND, UH, MET WITH THE, UH, UH, THE APPLICANT AND STRONGLY SUPPORTS IT FOR THE VERY REASONS THAT I STATED, UH, MORE ACTIVITY, MORE, UH, MORE REVENUE, UH, TRYING TO GET SOME POSITIVE MOMENTUM AT THE MARQUIS WHERE THERE HAS BEEN KNOWN FOR MANY YEARS.

SO, UH, WE DO RECOMMEND APPROVAL OF THIS APPLICATION.

WE FEEL THAT THE PROPOSED ADAPTIVE REUSE WOULD PUT A LONG VACANT BUILDING INTO PRODUCTIVE BRENDAN REVENUE GENERATING USE.

I SHOULD SAY THE BUILDING HAS BEEN VACANT FOR FIVE YEARS.

UH, OVER THE YEARS, THE COUNTY HAS RECEIVED SOME INQUIRIES, NONE OF WHICH WE FELT WERE, UH, IN KEEPING WITH WHAT THE COUNTY WANTS TO SEE OUT THERE WITH THE MARQUEE.

MOSTLY WE'RE TALKING ABOUT STORAGE, MINI STORAGE, WAREHOUSES, UH, RV STORAGE, UH, NOT THE KIND OF THING THAT'S REALLY GONNA HELP THAT CENTER, UH, TAKE OFF IN OUR OPINION, PLUS NOT EVEN PERMITTED IN EEO ZONING DISTRICT.

AND, UH, WE FEEL THAT, THAT IN ADDITION TO THE, UH, THE REVENUE IT'S SPIN OFF BENEFITS ON SURROUNDING BUSINESSES COULD BE, YOU KNOW, SUBSTANTIAL.

UM, I SHOULD NOTE THAT THERE IS SOME OPPORTUNITY COSTS HERE, UH, BECAUSE, UH, YOU KNOW, IS POSSIBLE, BUT SOMEWHERE OUT THERE, THERE'S A, UH, A COMMERCIAL TENANT FOR, FOR THIS BUILDING.

UH, BUT IN FIVE YEARS, UH, THAT TENANT HAS NOT EMERGED.

UM, SO YOU HAVE TO KIND OF WAIT THAT OPPORTUNITY COSTS AGAINST, YOU KNOW, WHAT'S THE REALITY THAT, UH, UH, SOMEBODY ELSE IS GOING TO MOVE IN THERE AND OCCUPY THE ENTIRE SPACE AND TURN IT INTO, YOU KNOW, REVENUE GENERATING RETAIL USE.

SO FOR ALL THOSE REASONS, UH, WE'RE RECOMMENDING APPROVAL OF THE APPLICATION, UH, THROUGH THE ADOPTION OF RESOLUTION PC 21 DASH TWO.

UM, I KNOW WE HAVE, UH, SEVERAL MEMBERS OF THE APPLICANT TEAM ON THE ZOOM.

UH, I BELIEVE VERNON GETTY IS GOING TO BE PRESENTING ON BEHALF OF THE APPLICANT.

AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME AT THIS TIME.

UH, IS THERE ANY COMMISSIONER THAT HAS ANY QUESTIONS FOR MR. CROSS? UH, I CAN'T SEE EVERYBODY AT ALL.

SO IF YOU JUST HAVE TO SPEAK UP, I DID NOT HEAR ANYTHING, CHRIS.

I DO HAVE ONE QUESTION THAT CAME UP TODAY A LITTLE BIT.

IS THERE ANY DISCUSSION IN THE COUNTY ABOUT USING ONE OF THOSE RETAIL SPACES FOR ANY KIND OF COUNTY BUSINESS, LIKE A, LIKE A, A SENIOR CENTER FOR THE UPPER COUNTY, WHICH IS, WE DON'T HAVE ONE UP THERE TO DATE? THERE HAS NOT, NOT, NOT TO MY KNOWLEDGE.

YEARS AGO, THERE WAS A BACK WHEN THE MARQUEE WAS VIEWED AS THIS BIG LIFESTYLE CENTER WITH BOUTIQUES AND ALL KINDS OF SPACE, THERE WAS THE COUNTY HAD AN INITIATIVE TO ACTUALLY PUT A LIBRARY OUT THERE.

UM, INTERESTINGLY, MOST OF THE CITIZENS WHO WEIGHED IN ON THAT PROPOSAL WERE AGAINST IT.

UH, AND OF COURSE THE WHOLE LIFESTYLE CENTER NEVER CAME TO FRUITION ANYWAY.

SO THE LIBRARY PROPOSAL, UH, KIND OF WENT AWAY.

UM, BUT TO MY KNOWLEDGE, NO, I DON'T THINK THERE'S BEEN ANY DISCUSSION.

OF COURSE, THAT WOULD ALSO NOT BE GENERATING ANY REVENUE, ANY REVENUE, EXCEPT THEY WOULD USUALLY GO TO LOCAL AREAS TO EAT LUNCHES AND, YOU KNOW, ONE WOULD HOPE.

I JUST WAS CURIOUS.

I, YOU KNOW, IT SEEMS LIKE A NEED THAT THE COUNTY COULD POTENTIALLY GET.

PLAN WHEN I MAY HAVE MISSED IT? BECAUSE YOUR PRESENTATION TO ME DIDN'T THAT DIDN'T SEEM TO GIVE ME ANY CONFIDENCE THAT WE HAVE DECIDED THAT THERE WAS A BEST AND HIGHEST USE OF THAT WHOLE AREA IN GENERAL SPEAKING.

ANY OTHER COMMENTS? UH, I GUESS MR. UH, GETTY, MR. IS THAT RIGHT? MR. GETTY IS THE GUEST COMMENTS, MR. TITUS, MR. COMMENTS, BUT TIM, SORRY.

I MEAN, THIS MAY BE A QUESTION THAT I MISSED OR A COMMENT THAT WHAT WAS THE LAST, AND I APOLOGIZE FOR THIS.

WHAT WAS THE LAST TIME THAT THE COUNTY DID THE BEST AND HIGHEST USE MASTER PLAN FOR THE MARQUEE? UH, WAS IT SEVERAL YEARS AGO? IS THERE A RECENT

[01:40:01]

WELL, YOU SAID THE COUNTY, YOU'RE TALKING ABOUT THE COUNTY OR THE DEVELOPER, BECAUSE OBVIOUSLY WE DON'T CONTROL THE PROJECT.

I'M SORRY.

I COULD PROBABLY THE DEVELOPER, WELL, UH, I GUESS THE 2007 PLAN WAS THE MOST AMBITIOUS.

UH, YOU'RE TALKING ABOUT 1.2 MILLION SQUARE FEET OF SPACE, UH, ON BOTH THE NORTH POD AND THE SOUTH POD.

UH, I BELIEVE THAT, UH, THAT PLAN INCLUDED, UH, YOU KNOW, A MULTIPLEX, UH, MOVIE THEATER ON THE SOUTH POD AND, UH, THIS BIG PAVILION.

AND IT WAS A, IT WAS AN AMBITIOUS PLAN.

THAT WAS PROBABLY, UH, WELL, I WAS CERTAINLY THE MOST AMBITIOUS PLAN, UH, OVER THE YEARS.

IT WAS, UH, IT'S BEEN SCALED BACK A FEW TIMES, UH, NEAR AN HOUR APPROVED FOR UP TO 640,000 SQUARE FEET, TOTAL SPACE, I BELIEVE.

UH, AND THAT WAS TO ACCOMMODATE THE, UH, SAM'S CLUB THAT NEVER HAPPENED.

UM, AND SO RIGHT NOW THEY'RE AT ABOUT ALMOST 400,000 SQUARE FEET.

SO POTENTIALLY, UH, YOU KNOW, THERE'S, THERE'S POTENTIAL FOR ANOTHER 240,000 SQUARE FEET OUT THERE FOR SOMEBODY TO BUILD IT.

THANKS.

I, I LISTENED TO THE DEVELOPER'S PLAN TO SEE IF HE CAN IMPRESS THEM.

UH, I ASSUME THERE'S NO OTHER COMMENTS FROM THE COMMISSIONERS HEARING NONE.

THEN I THINK MR. GETTY, 10 MINUTES, PLEASE THEN STATE YOUR NAME AND, AND, UH, YOU HAVE TMX.

THANK YOU, MR. VICE CHAIRMAN MEMBERS OF THE COMMISSION, AND I'M BURNING GETTY OF 1177 JAMESTOWN ROAD IN WILLIAMSBURG.

AND IT'S MY PRIVILEGE AND PLEASURE TO BE HERE TONIGHT.

REPRESENTING THE APPLE ALSO HERE WITH US VIRTUALLY ARE THE REVEREND MICHAEL HEINZ WHO'S LEADER OF FOUNDATIONS, CHURCH, BARRY DEVAL, AND JIM NICELY, WHO ARE ALSO AMONG THE LEADERS CHURCH AND JACK CLARK WITH RRM ARCHITECTS.

WHO'S DONE THE PLANS AND ELEVATIONS.

YOU ALL HAVE SEEN.

FIRST THING WE'D LIKE TO DO IS THANK YOUR COUNTY STAFF FOR THEIR USUAL PROFESSIONAL AND CORDIAL HELP IN THIS APPLICATION, BOTH TIM CROSS AND JIM NOEL WITH THE OFFICE OF ECONOMIC DEVELOPMENT.

UM, HE PROBABLY KNOWS MORE ABOUT THE MARQUIS THAN ANYONE AND HAS BEEN VERY HELPFUL IN MAKING CONTACTS FOR US AND SETTING UP MEETINGS AND THE LIKE, UM, A BRIEF WORD ABOUT THE APPLICANT PARKWAY CENTER LLC, IS IT'S A NEWLY FORMED LIMITED LIABILITY COMPANY.

UM, THAT IS THE CONTRACT PURCHASER OF THIS BUILDING AND SITE.

UM, RIGHT NOW FOUNDATIONS CHURCH IS ITS SOLE MEMBER.

ALTHOUGH THE PLAN IS TO BRING IN OTHER INVESTORS AS MEMBERS, UM, IN THE LOL IN THE OWNERSHIP LLC, UM, FOUNDATIONS CHURCH IS A NON-DENOMINATIONAL CHRISTIAN CHURCH RAPIDLY GROWING UNDER THE LEADERSHIP OF MICHAEL HEINZ AND HIS WIFE, BONNIE.

UM, THE CHURCH HELD SERVICES, UM, FROM 2018 THROUGH EARLY 2020, UH, IN THE LEGACY HALL FACILITY OVER IN NEW TOWN AND EVEN HAVING THREE SERVICES, A OUTGREW THAT FACILITY, UM, THEY LOOKED AROUND, AS TIM MENTIONED, MOST RECENTLY THEY'VE BEEN HOLDING SERVICES AT THE DOUBLETREE IN AND, UH, RIGHT OUTSIDE KINGSMILL, UM, STARTED, I THINK IT WAS IN MID 2019, UM, WORKING WITH THE OWNER OF THE JC PENNY BUILDING, UM, LOOKING FOR A PERMANENT TIME.

UM, THEY INITIALLY WERE TALKING ABOUT LEASING A PORTION OF THE BUILDING FROM THE OWNER AND THAT MORPHED INTO, UM, THE PLAN BEFORE YOU TONIGHT WITH THEM PURCHASING THE BUILDING IN ITS ENTIRETY.

UM, IT WOULD BE AN UNDERSTATEMENT TO SAY THAT THE, UH, THE APPLICANT AND THE CHURCH ARE THRILLED TO BE WHERE THEY ARE NOW.

AND TO BE BEFORE YOU TONIGHT WITH THIS PROPOSAL, UM, IT'S BEEN A LONG TIME COMING.

UM, WE AGREE WHOLEHEARTEDLY WITH TIM'S RECOMMENDATION AND WITH THE, UH, ENDORSEMENT FROM THE OFFICE OF ECONOMIC DEVELOPMENT FOR THIS PROPOSAL.

UM, YOU

[01:45:01]

ALL ARE FAMILIAR.

TIM'S JUST GONE THROUGH IT WITH THE HISTORY AT THE MARQUEE.

AND, UM, UNFORTUNATELY IT'S JUST NOT WORKED OUT AS ANYBODY INITIALLY PLANNED OR HOPE THE CENTER WOULD DEVELOP.

UM, THE JC BINNEY BUILDING HAS BEEN SITTING VACANT FOR FIVE YEARS AT THIS POINT.

AND AS TIM MENTIONED, THE ONLY INQUIRIES THEY'VE GOTTEN HAVE BEEN FROM LESS THAN DESIRABLE.

UM, I THINK THE CHURCH, UH, SHOULD BE COMMITTED FOR THEIR VISION AND COMING UP WITH THE IDEA OF THIS MULTI-USE BUILDING.

UM, I THINK THIS ADOPTIVE REUSE WILL CREATE A WIN-WIN SITUATION, UM, FOR ALL THE STAKEHOLDERS HERE AND BREATHE NEW LIFE INTO THE MARQUEE CENTER.

UM, COMMENT BRIEFLY, TIM MENTIONED, WE'RE APPLYING FOR GENERAL BUSINESS ZONING.

UM, THERE WAS DISCUSSION ABOUT THAT.

UH, ONE THOUGHT WAS TO APPLY TO AMEND THE EXISTING ECONOMIC, UH, OPPORTUNITIES, ZONING TO PERMIT HOUSES OF WORSHIP.

BUT, UM, WE BACKED OFF THAT THAT WOULD HAVE APPLIED ANYWHERE IN THE COUNTY ECONOMIC DEVELOPMENT ZONING WAS IN PLACE.

AND IT SEEMED TO MAKE MORE SENSE TO APPLY TO REZONE THIS PARTICULAR SITE TO GB, WHICH DID PERMIT HOUSES OF WORSHIP IS A PERMITTED USE AND HAD VERY SIMILAR LIST OF PERMITTED COMMERCIAL USES.

UM, WE THINK THIS, UH, PROPOSAL WILL GIVE THIS GROWING DYNAMIC CHURCH, A PERMANENT HOME, PROVIDING A STABLE ANCHOR TENANT FOR THE BUILDING.

UM, AND THEN WE'LL BRING THE OPPORTUNITY FOR WHAT'S NOT AT THE MARQUEE NOW IS THE SMALLER SCALE RETAIL RESTAURANT FIRST THAT THE FRONT OF THIS BUILDING, UM, YOU'D SAY ANTICIPATED, THERE WOULD BE FAST CASUAL DINING BOOKSTORE CAFE, UM, AT THIS EARLY PART OF THE PROCEEDINGS, WE CAN OF COURSE TELL YOU ANY TENANT NAMES, BUT THE CHURCH HAS RETAINED A PROMINENT COMMERCIAL MISTAKE FOR TALL HEIMER, UM, TO LEAD THE LEASING EFFORT AND WORKING ON THAT AS SOON AS, UH, HOPEFULLY JACK'S APPROVED, UM, THE DAYCARE CENTER WILL SERVE THE RAPIDLY GROWING RESIDENTIAL POPULATION HERE.

UH, PEOPLE GOING TO WORK, UH, PROVIDING CONVENIENT CHILDCARE.

UM, AND THEN THE GROUP MEETING SPACE WILL BE A BOON TO THE COUNTY.

UM, THE PUBLIC CAN HAVE EVENTS OR MEETINGS, UH, IN THIS SPACE.

AND, UM, ALL OF WHICH ARE THINGS THAT ARE NOT AVAILABLE, UH, NEEDS THAT ARE NOT IN THIS PART OF THE COUNTY RIGHT NOW.

UM, AND THERE'S, TIM HAS MENTIONED OF COURSE, BRINGING THIS, UH, TRAFFIC AND LIFE INTO THE MARQUEE WILL BENEFIT ALL THE TENANTS AND CENTER.

UM, AND, UM, WE THINK, AS I SAID, CREATE A WIN-WIN SITUATION FOR EVERYBODY INVOLVED.

UM, VERY DEVAL HAS SPEARHEADED FOR THE CHURCH, UM, OUTREACH EFFORTS AND MEETING, UH, WITH NEIGHBORS, UM, HAD A, A NUMBER OF MEETINGS AND CALLS, INCLUDING WITH THE MARQUIS COMMUNITY DEVELOPMENT AUTHORITY, BOND HOLDERS, UM, RYAN HOLMES, WHO'S THE BUILDER DEVELOPER OF THE MARQUEE HILLS PROJECT, UM, RIGHT BEHIND THIS, THIS FACILITY, UM, THE BOARD OF THE WHITAKER'S BILL HOMEOWNERS ASSOCIATION AND REPRESENTATIVES.

WHAT WE UNDERSTAND IS THAT NOW FORMER OWNERS OF KINGS CREEK PLANTATION TIMESHARE DEVELOPMENT, UM, ALL OF WHOM HAVE EXPRESSED SUPPORT FOR THE PROJECT.

UH, NO, UM, MANY OF THEM PROVIDED ME WITH LETTERS, WHICH I FORWARDED TO TIM, AND I BELIEVE HE HAS FORWARDED TO YOU ALL.

UM, AND THE OUTREACH WILL CONTINUE.

I'M ALWAYS HAPPY TO MEET WITH ANYBODY INTERESTED.

I THINK BARRY HAS MEETINGS SCHEDULED NEXT WEEK, UM, AS WELL.

UM, WITH THAT WE WOULD RESPECTFULLY ASK YOU TO FORWARD THIS CASE TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF APPROVAL.

AND, UM, ANY OF THE MEMBERS OF THE TEAM ARE HAPPY TO ANSWER QUESTIONS YOU MIGHT HAVE.

AND THANK YOU VERY MUCH, MS. SPAGHETTI, IS THERE ANY MEMBERS OF THE COMMISSION HAVE ANY QUESTIONS FOR MR. GETTY? HELLO? YES.

CHAIR OF THE BUILDING COMMITTEE FOR FOUNDATIONS CHURCH.

UH, I'M TRYING TO GET A GOOD EVENING.

I'LL PUT APPROVAL BY THE BOARD.

UH, WHAT ARE YOU STARTING DATES ACTUALLY GETTING THIS PROJECT OFF OF BROWN MOVING FORWARD? UM, BARRY, WOULD YOU LIKE TO HANDLE THAT? YES, I'M BARRY DUVALL.

UM, I'M

[01:50:01]

AND THANK YOU, UM, PLANNING COMMISSIONERS FOR YOUR SERVICE TO THE COUNTY.

AND THANK YOU FOR HEARING THIS TONIGHT.

AND I TOO WANT TO EXPRESS MY APPRECIATION TO THE PROFESSIONAL STAFF THAT YOU HAVE WORKING IN YOUR COUNTY.

THEY ARE ABSOLUTELY FANTASTIC.

I'VE WORKED WITH MUNICIPALITIES ACROSS THE COMMONWEALTH IN MY PROFESSIONAL LIFE, AND I CERTAINLY THANK YOU HAVE AMONG THE BEST PROFESSIONAL STAFF, UH, UH, MR. JOHNS, THE TIMING OF THE PROJECT WE HOPE WOULD BE TO RECEIVE, UH, APPROVAL FOR ASSEMBLY.

UM, IN THE, IN THE SPRING TIMEFRAME OF, WE UNDERSTAND FROM VERNON GETTY'S GUIDANCE AND COUNSEL THAT WE'RE BEFORE YOU TONIGHT AS A PLANNING COMMISSION, UH, IF WE ARE ABLE TO PROCEED, UH, WITH A POSITIVE RECOMMENDATION, WE WOULD BE EITHER IN FEBRUARY OR PERHAPS IN MARCH, DEPENDING UPON WHAT HAPPENS TONIGHT.

BUT IF WE HAD APPROVAL BY THE SPRING FROM THE BOARD OF SUPERVISORS, UH, THAT WOULD BE VERY HELPFUL.

WE WOULD ANTICIPATE ACQUIRING THE BUILDING.

OBVIOUSLY IT'S CON THE ACQUISITION IS CONTINGENT UPON ASSEMBLY BECAUSE WE CAN'T USE IT UNLESS WE GET THE ZONING.

SO WE WOULD ANTICIPATE CLOSING ON THE BUILDING, SIR, AND THE SPRING.

AND THEN, UM, WE HAVE RETAINED OUR RMM AND JACK CLARK IS A PARTNER HERE.

UH, THEY HAVE BEEN ADVISING US ON THE, UM, COST ESTIMATES FOR IMPROVEMENTS ON THE INTERIOR OF THE BUILDING AND THE EXTERIOR OF THE BUILDING.

AND WE ARE DEVELOPING A BUDGET.

AND AS MR GETTY SAID, WE HAVE, UH, A NUMBER OF INVESTORS THAT ARE INTERESTED IN THIS PROJECT.

UM, AND SO AS WE WOULD DEVELOP OUR BUDGET, OUR HOPE WOULD BE, UH, AND I MET WITH ACTUALLY A CONSTRUCTION MANAGER TODAY THAT GAVE ME A TIMELINE THAT IF WE COULD BEGIN BY THE SUMMER, WE WOULD BE ABLE TO HAVE AT LEAST THE ASSEMBLY PORTION CONCLUDED BY CHRISTMAS.

SO THAT WOULD BE A RAPID TIMELINE, SIR.

UM, AND AS MR GADDY SAID, UH, WE WERE FORTUNATE TO GET, I THINK THE ENTHUSIASM THAT RESULTED IN THE LETTERS THAT MR. CROSS RECEIVED IS FROM THE HOMEOWNERS OUT THERE THAT ARE LOOKING FOR FOOD AND BEVERAGE OPPORTUNITY ON THAT SIDE OF, IN THAT AREA OF THE COUNTY.

AND THAT SEEMS TO BE MISSING.

AND IT SEEMS TO BE AN OPPORTUNITY TO BRING SMALL FOOD AND BEVERAGE OUT THERE.

AND THEN ONE POINT OF INFORMATION, IF I MIGHT, MR. GADDY IS JUST TO SAY THAT PARKWAY CENTER LLC WOULD ALSO BE OPEN.

IN ADDITION TO HAVING THE ANCHOR FOR THE CHURCH, THE CHURCHES OPEN TO ALLOWING OBVIOUSLY THE TENANT RELATIONSHIP TO ALLOW A SYMPHONY TO PERFORM THERE.

THE ASSEMBLY SPACE COULD BE USED FOR HIGH SCHOOL GRADUATIONS.

IT COULD BE USED FOR CONFERENCE SPACE.

UH, WE ANTICIPATE OBVIOUSLY THE ANCHOR TENANT TO BE FOUNDATIONS CHURCH, BUT THE WAY THE LEGAL STRUCTURE IS PUT IN PLACE AND THE WAY THE SPACE IS DESIGNED, IT COULD REALLY BE A PLACE OF GATHERING FOR THE COMMUNITY.

AND WE HOPE THAT IT WOULD BE, IT WOULD BE OUR DESIRE TO BRING COMMUNITY ACTIVITIES TO THAT BUILDING.

SORRY FOR THE LONG ANSWER, SIR, BUT I HOPE THAT ANSWERED YOUR TIMING QUESTION.

ANY OTHER QUESTIONS FROM THE COMMISSIONERS, MARY, YOU POPPED UP ON MY SCREEN, ANYTHING.

NO, SORRY.

I'LL LET YOU KNOW.

MY DOG KEEPS ATTACKING ME OVER HERE, ALL THIS NOISE WE LIVE ALONE, YOU KNOW, SO, UH, BUT I SAY THAT I AM IMPRESSED.

I'VE READ THIS, I'VE READ THE RECOMMENDATIONS.

UM, I'VE BEEN IN SIMILAR BUILDINGS WITH A SIMILAR ANCHOR WITH THE PLACE OF WORSHIP AND, UM, IT HAS WHAT I'VE SEEN PROVED A VERY PROFITABLE, ADVANTAGEOUS DECISION TO BE MADE.

UH, MOVED BACK TOWARDS SOME NEW NORMAL BY THANKSGIVING.

I DO HAVE ONE QUESTION OF MR. GETTY, UH, MYSELF, AND PROBABLY CAN'T ANSWER IT DIRECTLY, BUT AS I WAS LOOKING AT THE, AT THE PLAN AND I SAW THE FOOD AND OF COURSE WITH THE VIRUS AND THE THINGS, IT SEEMS LIKE THE ONLY FOOD RESTAURANTS THAT ARE REALLY BEEN GOING STRONG THIS LAST YEAR HAS BEEN THOSE THAT HAVE DRIVE-THRU, UH, FACILITIES.

I MEAN, YOU CAN'T GO BY, UH, SOME RESTAURANTS WITHOUT BACKUP FOR MILES.

I DON'T SEE HOW THE RESTAURANTS IN THE, IN THE LAYOUT HERE COULD FACILITATE AND DRIVE THROUGH, UH, MECHANISM.

WAS THERE ANY THOUGHT GIVEN TO THAT, OR COULD YOU PROVIDE THOUGHTS ON THAT? I THINK I WOULD DEFER THAT TO EITHER MR. CLARK OR MR. DEVOLVE.

I WILL COMMENT YOU'RE EXACTLY RIGHT ABOUT, UM, I THINK TAKEOUT IN GENERAL WAS KEY.

UM, PROBABLY PREFERABLE, BUT TAKE OUT IS DEFINITELY KEY.

UH, MR. VICE-CHAIR, I THINK YOUR OBSERVATIONS ARE WISE.

UH, CERTAINLY, UH, WE'RE ALL OPTIMISTIC THAT THE VACCINE WILL, UH, HAVE AN IMPACT.

AND THERE WE CAN, UH, MAYBE AS DR.

FOWCHEE HAS SAID,

[01:55:01]

UH, AND SO FOR THE LONGTERM, OBVIOUSLY WITH A LONG-TERM HORIZON, UH, PARKWAY CENTER, LLC WOULD, WOULD LIKE TO THINK THAT WE COULD HAVE PEOPLE COME UP TO BUILDINGS AND ACTUALLY GO IN AND DYING TO GET INSIDE SOMEDAY.

BUT YOUR POINT IS ONE THAT I'VE TALKED TO, UH, JACK CLARK AND HIS, UH, HIS PARTNER ABOUT, AND WE ARE EVALUATING, UH, THE BUILDING TO SEE IF WE COULD DO A DRIVE-UP ON.

UM, I DON'T KNOW IF IT'S THE LEFT SIDE OF THE BUILDING, IF YOU WERE LOOKING AT IT, UM, WOOD OR, OR SOME ASPECT OF IT, BECAUSE IT WOULD ALLOW US TO BRING IN, UH, SOME TENANTS THAT WE ASPIRE TO HAVE THAT ACTUALLY A FEATURE FOR DRIVE UP, UH, THE NEIGHBORHOODS THAT WE HAVE MET WITH, UM, EXPRESSED A DESIRE FOR BOTH TYPES OF RESTAURANTS, THE ONES THAT WE ARE ENVISIONING THERE, AS WELL AS THE POTENTIAL FOR A DRIVE UP.

SO I DON'T KNOW THAT JACK COULD COMMIT TO THAT, BUT I THINK, UH, YOU COULD COME BACK TO TAKING A LOOK AT IT.

THAT'S ALL WE ASK TO TAKE A LOOK AT IT.

UH, ANY OTHER QUESTIONS FROM THE COMMISSIONERS OR, UM, I HAVE JUST ONE QUICK ONE.

WHAT SONGS DOES THE CONGREGATION OF THE CHURCH? YEAH, THE CHURCH BEGAN, UH, IN SEPTEMBER OF 18 MR. CRINER, UM, AND MICHAEL HEINZ.

WHO'S VERY HUMBLE, MAN.

WHO'S SITTING HERE.

HE, HE HAS A UNIQUE, UH, BACKGROUND AND EDUCATION, UH, THAT HAS ALLOWED HIM TO LEAD THIS CHURCH TO GROW PRETTY RAPIDLY.

LAST SUNDAY, WE HAD OVER 70 CHILDREN, UH, IN OUR SERVICES AND, UH, WE HAD A TOTAL OF ABOUT 300 TO 350 PEOPLE, UH, INVOLVED IN THE TWO SERVICES NOW AT DOUBLETREE.

AND THAT INCLUDES THE 70 CHILDREN.

UM, OUR GROWTH PLANS, IF WE COULD GET SOME STABILITY WITH THE VACCINE WOULD BE TO, UH, EXCEED THAT TREMENDOUSLY BY THE END OF THIS YEAR, EVEN IF WE HAVE TO STAY IN THE DOUBLETREE OR IF WE CAN STAY IN THE DOUBLETREE ALL YEAR, MR. CRINER.

SO I WOULD EXPECT US TO GROW PRETTY RAPIDLY.

UM, YOU NEVER WANT TO MAKE PROMISES ABOUT PUBLIC NUMBERS SERVED, BUT, UH, I WOULD TELL YOU, WE STARTED WITH 20 AND, AND ABOUT TWO AND A HALF YEARS, WE HAVE AROUND 300 PEOPLE AND THAT'S NOT MEETING FOR FOUR MONTHS, BUT ONLY VIRTUALLY FOR THOSE FOUR MONTHS.

AND NOW IN THE LAST, SINCE JUNE, WE'VE BEEN ABLE TO MEET AT THE DOUBLETREE.

UM, I THINK THAT, THAT THIS CHURCH WILL, IF YOU NOTICE, IF YOU NOTICE THE, UM, THE SEATING, SIR, THERE WAS, I THINK, JACKETS AROUND 1500, UH, SEATS DESIGNED IN THE AUDITORIUM.

CORRECT? VERY, YES, SIR.

AND SO WE WOULD EXPECT TO BE ABLE TO GET ABOUT 75% OF THAT FULL WITHIN A YEAR, YEAR AND A HALF.

AND, UM, AND THAT'S ABOUT THE NUMBER YOU NEED AND THEN YOU'D HAVE TO MOVE TO ANOTHER SERVICE.

NO, IT'S A FAST GROWING CHURCH AND VERY FINANCIALLY STRONG, SIR, UH, UH, CHURCH AS WELL, SIR.

UH, MR. JOHNS.

YES, I HAVE ONE MORE QUESTION.

WE RECEIVED THE LETTER FROM THE NAVY REGARDING, UH, THE EXPLOSIVES, UH, THAT THEY WILL BE DOING AND THEY INDICATED THE DECIBEL RANGE AND POSSIBLY WHAT THAT WOULD BE.

IS THAT ANY, IS THAT OF ANY CONCERN TO YOU? NOT TO US.

JUST WANTED TO BE SURE.

THANK YOU, MR. JOHNSON, MR. ANDERSON, IS THERE ANYONE, UH, QUEUED UP TO SPEAK FROM THE PUBLIC? NO, WE'LL GIVE A, OH YES, WE GOT ONE.

NOW, IF YOU'D LIKE TO SPEAK, GO AHEAD AND RAISE YOUR HAND.

I'LL BRING IN, UH, MR. BILLINGS, GO AHEAD.

MR. VILLAINS, MR. BILLINGS, WILL YOU STATE YOUR, UH, NAME, ADDRESS, AND YOU HAVE THREE MINUTES? UH, JEREMY, MY NAME IS SAIKA BILLINGS AND I RESIDE AT ONE ONE TWO THREE SIX NINE TWO.

SO REGARDING THIS PARTICULAR APPLICATION DEFINITELY SUPPORT IT, SUPPORT IT.

UM, I THINK, UH, HAVING AN COMMUNITY CHURCH COME IN AND TAKE OVER THIS FACILITY, AS WELL AS THE BUSINESS OF YOUR COUNTY, ESPECIALLY WITH THE CHURCH COMMUNITY OUTREACH ACTIVITIES THAT WILL GO ON THROUGHOUT THE YEAR.

SO WITH THAT SAID, I DEFINITELY THINK THIS IS A WIN-WIN FOR THE, FOR THE PLANNING COMMISSION.

THAT'S IT.

THANK YOU, MR. BAYLESS, MR. ANDERSON, ANYONE ELSE? NO, WE HAVE NO ONE ELSE RAISING THEIR HAND.

MR. VICE CHAIRMAN, I FEEL VERY POSITIVE ABOUT THIS, UH, APPLICATION, UH, JC PENNY, UM, WAS TO BE THE ANCHOR STORE FOR THE MARKET.

WITH THAT SAID, I'D LIKE TO CLOSE THE PUBLIC HEARING ON THIS PORTION AND OPENED UP TO THE COMMISSIONERS TO A TALK,

[02:00:01]

AND WHEN IT CLOSED, IT HAD A VERY NEGATIVE IMPACT ON BEING A PULL OF FOOT TRAFFIC.

I HAVE TAKEN THE OPPORTUNITY TO SPEAK WITH ONE OF THE MANAGERS OF, UH, OF A DEPARTMENT STORE.

I'M NOT GOING TO SAY WHO IT IS, BUT THEY WERE A LADY TO HERE.

THE FACT IS THAT THERE IS THE POTENTIAL TO BRING IN MORE FOOT TRAFFIC.

UH, RIGHT NOW A LOT OF ONLINE SALES HAS BEEN OCCURRING WITH SOME OF THE RETAILERS OUT THERE, UH, WHICH HAS CAUSED THEM TO HAVE TO REDUCE THE HOURS OF SOME OF THE EMPLOYEES AND THE STORE HOURS.

SO ACTUALLY HAVING PEOPLE, THE POTENTIAL TO HELP PEOPLE TO WALK INTO THOSE STORES WAS VIEWED FAVORABLY.

AND SO, AND SO DO I VIEW THIS PROJECT? WE'RE NOT GOING TO HAVE THOSE LARGE, UH, BUILDINGS, UH, SIMILAR TO JC PENNEY'S.

THOSE ARE DINOSAURS.

SO WE'RE GOING TO HAVE TO BE FLEXIBLE AND MORE CREATIVE IN TERMS OF HOW WE ARE GOING TO STILL, UH, WHAT'D YOU CALL IT ADAPTIVE, USE REPURPOSE, UH, SOMETHING LIKE THAT AND MAKE IT A VIABLE PART OF OUR BUSINESS COMMUNITY AS WELL AS SERVE THE NEEDS OF OUR CITIZENS.

ANY OTHER COMMISSIONERS? YES.

UM, THIS IS, UH, P PETERMAN, UM, THE, UM, GROWTH OF THE COMMUNITY THERE AT MARQUIS WITH, UH, THE SELLING OF PROPERTIES AND EVERYTHING, UH, IS A, IS A PLUS FOR, UM, THE COUNTY.

AND THIS WILL PROVIDE YOU, UH, PEOPLE WHO WILL VISIT, UM, THE COMMERCIAL, UM, ENTITIES IN THIS MIXED USE BUILDING.

SO I'M, I'M, UH, UH, FOR THIS, UH, PROJECT.

THANK YOU, MISS TO, AND FOR THE PROJECT.

I THINK IT'S WELL THOUGHT OUT AND I THINK IT'S A GOOD USE OF THE SPACE.

AND I AGREE WITH MY FELLOW COMMISSIONERS THAT, YOU KNOW, THIS TYPE OF, UM, RE PURPOSE OF THE BUILDING, UH, WOULD BE GOOD FOR THE COMMUNITY.

THANK YOU, MR. CRINER, ANYONE ELSE AS MY EYES ROLL? OKAY.

UH, LET'S UH, PUT IT TO THE HOOK.

WOULD YOU, UH, CALL THE ROLL PLEASE? THANK YOU, SIR.

OKAY, NOW LET'S SEE IF WE CAN, UH, CALL THE ROLL THE MOTION BY MR. STERK IS TO ADOPT RESOLUTION PC 21 DASH TWO, TO RECOMMEND THE APPROVAL OF A REQUEST TO REZONE 8.8 ACRES AT 500 MARQUEE PARKWAY.

MR. CRINER, MR. STARK, MR. PETERMAN, MR. JOHNS.

MR. TITUS.

MR. KING, THE MOTION ABSTAIN, THE MOTION PASSES SIX TO ZERO.

ON TO, UH, PUBLIC HEARING NUMBER APPLICATION NUMBERS, 90 DASH ONE 85 DASH 20, YOUR COUNTY BOARD OF SUPERVISORS, YOUR COUNTY ZONING ORDINANCE, PROPOSED AMENDMENT.

THANK YOU, MR. ELLISON.

UH, THAT CONCLUDES THIS ONE AND I THINK THE NEXT ITEM UP ON THE AGENDA IS, UH, THANK YOU.

THANK YOU, MR. VICE CHAIRMAN.

APPRECIATE IT.

HEY, MR. KING, BACK TO YOU, I APPRECIATE YOU HANDLING THAT.

AND, UH, LIKE WE WERE ABOUT READY TO SAY WE'RE

[Application No. ZT-185-20, York County Board of Supervisors]

AND I BELIEVE THIS IS MR. ANDERSON'S CASE HURL.

SO THIS IS A PROPOSED DRAFT ZONING ORDINANCE, TEXT AMENDMENT FOR OUR HOME OCCUPATION ZONING ORDINANCE SECTIONS.

UM, IT COVERS MULTIPLE SECTIONS, UM, WITHIN THE HOME OCCUPATION AREA OF THE PLAN, UM, IN JULY OF 2018, THE, YOUR COUNTY CHAMBER CONTACTED THE BOARD OF SUPERVISORS VIA A LETTER,

[02:05:02]

UM, AND ASKED SEVERAL QUESTIONS ABOUT OUR HOME OCCUPATION, UM, REGULATIONS.

UH, THEY, UH, HAD PARTICULAR, UM, UM, ON THE NEW, THIS NEW GIG ECONOMY AND HOW THE CHAIN, YOU KNOW, THE RECENT CHANGES, UM, UM, THROUGHOUT THE COUNTY AND VARIOUS WAYS TO OUR HOME-BASED BUSINESS, UM, GROWTH, UM, THEY NOTED SEVERAL DIFFERENT, UH, PIECES WITHIN THAT, UH, GROWTH.

AND SPECIFICALLY THEY HAD CONCERNS THAT THERE WERE A LOT OF BUSINESSES OUT THERE OPERATING THAT DIDN'T NECESSARILY WANT TO GO THROUGH THE SPECIAL USE PERMIT PROCESS.

UM, SO THEY, THE, THE LETTER BASICALLY, WHICH YOU RECEIVED, UM, HAD A VARIETY OF DIFFERENT RECOMMENDATIONS THAT THEY, UM, FELT COULD BE MADE TO THE, THE HOME OCCUPATIONAL ORDINANCE IN RESPONSE TO THESE CONCERNS, THE BOARD FORMED AN AD HOC, UH, HOME-BASED BUSINESS COMMITTEE TO REVIEW THE REGULATIONS RELATED TO THESE USES.

UM, THE BOARD APPOINTED SIX CITIZENS TO WORK WITH OUR PLANNING COMMISSION REPRESENTATIVE AS THE CHAIR, MR. TITUS.

UH, WE ALSO HAD STAFF MEMBERS ON THE COMMITTEE FROM THE OFFICE OF ECONOMIC DEVELOPMENT, OUR ZONING AND CODE ENFORCEMENT OFFICE AND OUR SHERIFF'S OFFICE.

AND THEN WE HAD STAFF SUPPORT FOR MYSELF, UM, IN THE PLANNING DEPARTMENT AND FROM MS. JOYCELYN CORBYN AND OUR ZONING OFFICE.

UH, THE COMMITTEE STARTED ITS WORK AROUND JAN, UM, I'M SORRY, JUNE OF 2019, UH, FIRST LOOKING AT THE HOME OCCUPATION ENVIRONMENT AND THEN DELVING INTO THE DIFFERENT, UH, COUNTY CODE REGULATIONS.

UH, WE STARTED OFF WITH A GREAT PRESENTATION FROM OUR OFFICE OF ECONOMIC DEVELOPMENT AND TALKING ABOUT WHAT, WHAT WAS THE CURRENT ATMOSPHERE FOR OUR HOME OCCUPATIONS? UM, AND BASICALLY WE HAVE A WIDE RANGE OF SERVICE PROVIDERS THAT ARE WORKING FROM HOME FROM GOVERNMENT CONTRACTORS AND FARMERS TO ARTISAN SCIENTISTS, ENTREPRENEURS OF ALL TYPES AND MEDICAL PROVIDERS.

AND SINCE THE GREAT RECESSION OF 2008, UH, THERE'S BEEN A SHIFT IN THE WORKPLACE RESULTING FROM ADVANCES IN TECHNOLOGY LIKE WE'RE USING TONIGHT, ZOOM, UH, THE COST OF DOING BUSINESS AND GENERATIONAL AND CULTURAL SHIFTS TOWARD THIS MORE ENTREPRENEURIAL MINDSET.

ADDITIONALLY, PEOPLE WHO WORK FROM HOME SEE MANY BENEFITS IN THEIR FLEXIBILITY, UM, AND SCHEDULES, AND THEY CAN MAINTAIN BETTER WORK-LIFE BALANCE, UM, IF THEY CHOOSE AND THEY CAN BASICALLY CHOOSE TO LIVE WHEREVER THEY WANT, UH, BECAUSE THEY CAN WORK ONLINE OR, UM, HOWEVER THEY DECIDE TO WORK BASICALLY, UM, IN THE PRESENTATION, THEY ALSO NOTED THAT ABOUT TWO THIRD, UH, TWO THIRDS OF THE YORK COUNTY LICENSED BUSINESSES ARE HOME OCCUPATIONS.

UM, AND THEY KEEP SEEING A GREATER DEMAND FOR SERVICES TO BE PROVIDED TO THOSE BUSINESSES.

SO THE COMMITTEE, UM, MET, SPENT ABOUT SIX MONTHS REVIEWING THE ZONING ORDINANCE SECTIONS AND, UH, UM, WE, THEY LOOKED AT DEFINITIONS BY RIGHT USES, SPECIAL USE PERMITS, PARKING AND VEHICLES AFTER THE REVIEW, THEY STARTED TO DRAFT THE ORDINANCE, WORKING WITH STAFF, UM, TO COME UP WITH THE DIFFERENT CHANGES THAT WILL BE PROPOSED HERE TONIGHT.

AND THESE CHANGES WERE COMPLETED AROUND FEBRUARY, 2020.

UM, AND THEN EVERYBODY KNOWS WHAT HAPPENED AND IN THAT TIME PERIOD, UH, WE, UH, WE HAD OUR COVID PANDEMIC STRUCK.

AND SO WE KIND OF PUT THESE CHANGES ON THE BACK BURNER FOR THAT TIME PERIOD, BUT WE FEEL LIKE IT'S, IT'S TIME TO GO AHEAD AND BRING THEM BACK.

SO WE, UM, WE WANTED TO GO AHEAD AND BRING THEM FORWARD TO, YEAH.

UM, I DON'T KNOW.

I THINK I CLICKED TOO FAR ADVANCED NO ONE DIDN'T CALL HIS RACE.

WE'LL KIND OF GO THROUGH SOME OF THOSE CHANGES NOW.

SO A HOME OCCUPATION, MOST OF YOU ARE VERY FAMILIAR WITH THESE.

UM, THEY, THEY ARE BASICALLY A BUSINESS AND A DWELLING UNIT OR OUR PROPERTY.

UM, I PUT THE DEFINITION UP THERE FOR YOU.

I WON'T READ IT TO YOU.

UM, I WANT TO NOTE THOUGH THAT WHILE TOURIST HOMES AND BEN BREAKFAST ESTABLISHES CAN BE CONSIDERED AS A TYPE OF HOME OCCUPATION, WE TREAT THEM COMPLETELY SEPARATELY UNDER THE ZONING ORDINANCE.

AND SO THEY ARE NOT ADDRESSED IN ANY WAY, SHAPE OR FORM IN THESE PROPOSED AMENDMENTS.

UH, NONE OF THE HOME OCCUPATION PROVISIONS EXISTING OR PROPOSED APPLY TO SHORT-TERM RENTALS AND THESE ESTABLISHES WOULD NOT BE AFFECTED IN ANY WAY BY THESE APPROACH POSED AMENDMENTS.

SO I JUST WANTED TO MAKE SURE THAT THAT WAS CLEAR.

UM, THESE AMENDMENTS DID, UH, UM, TOOK SOME CHANGES TO THE PERFORMANCE STANDARDS THAT ARE SET FORTH FOR HOME OCCUPATIONS AND REFLECT KIND OF MINOR WORDING CHANGES, CLEANING UP SOME OF THE OLDER PORTIONS OF THE ORDINANCE THAT ARE KIND OF OUT OF DATE.

UM, AND SO

[02:10:01]

SO STARTING IN THE ZONING ORDINANCE, THE MOST SIGNIFICANT CHANGE YOU SAW, UH, YOU'LL SEE IN THERE IS TO THE LIST OF HOME OCCUPATIONS THAT OCCURRED, UM, UH, IN THERE.

UH, BASICALLY THE COMMITTEE JUST WANTED TO, UM, CREATE MORE OF A FLEXIBILITY, FLEXIBILITY, FLEXIBILITY, UH, WITH HOME OCCUPATIONS AND CREATE MORE OF A GENERAL ALLOWANCE THAT ADDRESSES MOST OF THE CONCERNS THAT CITIZENS HAVE WITH HOME OCCUPATIONS.

MOSTLY THESE ARE FOCUSED ON, YOU KNOW, THE NUMBER OF PEOPLE ON THE SITE, UM, AND THAT ALSO LEADS TO PARKING AND INTENSITY OF USE ON THE PROPERTY.

SO TH THOSE ARE THE THINGS THE COMMITTEE KIND OF LOOKED AT, AND THAT'S THE MOST SIGNIFICANT CHANGE YOU'LL SEE.

UM, IN THE PROPOSED CHANGES, THE, UH, COMMITTEE PROPOSED, UM, UH, TO TAKE OUT, UM, MOST OF THE USES FROM, UM, THE PERMITTED BY RIGHTS SECTION, THE COMMITTEE LYNN LOOKED TO ADDRESS HOW, UM, THEY COULD BE ALLOWED, HOW MORE USERS COULD BE ALLOWED BY, RIGHT IN THAT 24.1 DASH TWO 81 SECTION, WHICH IS THE JUST GENERAL REQUIREMENTS FOR HOME OCCUPATION.

THESE CHANGES WERE PRETTY SIGNIFICANT.

UM, THEY, THEY ALL WOULD ALLOW A TOTAL OF FOUR RESIDENT EMPLOYEES.

UH, THIS IS THE OWNER OPERATOR OF THE BUSINESS AT THE RESIDENCE, ANY NON-RESIDENT EMPLOYEES AND CUSTOMERS OR CLIENTS.

AND SO THIS IS, I WANT TO EMPHASIZE THE ADD PART.

SO IT'S A TOTAL OF FOUR, WHETHER IT'S TWO RESIDENT EMPLOYEES, A NON-RESIDENT AN EMPLOYEE, AND THEN A CLIENT OR TWO CLIENTS AND TWO EMPLOYEES, OR ONE EMPLOYEE AND THREE CLIENTS, BUT NO MORE THAN FOUR TOTAL.

SO FOR EXAMPLE, IF WE HAD A, UH, A BEAUTY SALON OPERATING AND THE OWNER OPERATOR WAS THE BEAUTY SALON OPERATOR, UM, THEY COULD HAVE UP TO THREE CLIENTS AT A TIME, AS LONG AS THEY MET ALL THE REQUIREMENTS FOR IT.

UM, THEY WOULD HAVE TO MEET PARKING AND OTHER STIPULATIONS THAT ARE IN THE GENERAL REQUIREMENTS, BUT THESE RELAXATIONS PROVIDE A LITTLE MORE FLEXIBILITY, UM, TO ALLOW USERS TO DON'T CAUSE PROBLEMS WITH NEIGHBORS.

IN MOST CASES, UM, MOREOVER THE NUMBER OF PEOPLE ABOVE FOUR ON A SITE, WHETHER THEY ARE EMPLOYEES OR CUSTOMERS WOULD REQUIRE THE OWNER-OPERATOR TO APPLY FOR A SPECIAL USE PERMIT.

ANOTHER COMMON CONCERN WITH MOST HOT HOME OCCUPATIONS IS PARKING, UH, THE COMMITTEE DELIBERATED ON HOW BEST TO ALLOW PARKING, UM, ON THE PROPERTY.

THESE CHANGES REQUIRE HOME OCCUPATIONS PROVIDE OFF-STREET PARKING WHOLLY ON THE SUBJECT PROPERTY ON A SURFACE SPACE.

UH, THIS PARKING WOULD ALSO INCLUDE ANY PARKING FOR THE RESIDENTIAL USE.

SO NO PARKING WOULD BE ALLOWED ON THE STREET WHEN A HOME OCCUPATION IS PRESENT.

AND I JUST WANT TO MAKE SURE TO REITERATE THAT.

SO THIS INCLUDES ALL PARKING.

SO A RESIDENCE, A SINGLE FAMILY HOME USUALLY REQUIRES TWO PARKING SPACES.

AND IF YOU HAVE A HOME OCCUPATION WHERE YOU HAVE AN OPERATOR IN ONE CLIENT, THAT'S TWO MORE, ALL FOUR OF THOSE PARKING SPACES HAVE TO BE OFF STREET.

UM, SO THERE WON'T BE ANY OPPORTUNITIES FOR, UM, YOU KNOW, THE RESIDENT TO SAY, WELL, I'LL PARK MY CARS ON THE STREET AND HAVE MY CUSTOMERS PARK IN THE PARKING AND MY DRIVEWAY KIND OF THING.

ALL THAT WAS ONE THING THE COMMITTEE REALLY WANTED TO EMPHASIZE, UM, BECAUSE THAT'S A DETERMINING FACTOR IN SO MANY OF THE CONCERNS THAT WE SAW, UH, WE'VE SEEN IN THE PAST AND HOW WE'RE ACCOMMODATING THOSE THINGS ON THE, UM, ON THE PROPERTY.

SO IT WOULD GIVE SOME, UM, PROVIDE LIMITATIONS FOR THOSE SMALLER LOTS, BUT MORE FLEXIBILITY FOR THE LARGER LOTS.

ADDITIONALLY, THEY LOOKED AT, UM, OTHER CHANGES TO THE GENERAL REQUIREMENTS.

UH, ONE OF THOSE WAS, UH, CURRENTLY, YOU KNOW, THE ORDINANCE ALLOWS MONDAY THROUGH SATURDAY AND, UH, THE, THE COMMITTEE, UH, DISCUSSED THIS AND, AND HOW MOST, SOME BUSINESSES OPERATE SEVEN DAYS A WEEK.

MAYBE, YOU KNOW, THIS, THE HOME OCCUPATION IS THE SECOND JOB FOR THE, THE PROPERTY OWNERS.

SO THEY MAY ONLY DO IT ON THE WEEKENDS, BUT IF THEY'RE RESTRICTED TO, TO SATURDAY, IT KIND OF HURTS THEM.

SO THEY THEY'VE SUGGESTED IN THEIR PROPOSAL TO REMOVE, UH, THE SUNDAY, UH, UH, THE DAILY PROHIBIT ROW VISIONS AND JUST MAKE IT FOR THE WHOLE WEEK.

UM, THEY ALSO LOOKED AT THE HOURS OF OPERATION, BUT THEY DID NOT MAKE ANY CHANGES TO THAT.

THEY FELT THAT THAT WAS A GOOD TIME AND WOULD HELP TO MINIMIZE IMPACTS WITH ADJACENT OWNERS AND PROTECT, UH, THE RESIDENTIAL CHARACTER.

UH, THE PROPOSAL MINUTES DO REQUIRE, DO YOU HAVE SOME SPECIAL USE PERMIT REQUIREMENTS? AND, UH, THESE ARE MAINLY WHEN YOU EXCEED SOME OF THOSE GENERAL REQUIREMENTS.

UH, FOR EXAMPLE, MORE THAN FOUR PEOPLE

[02:15:02]

GREATER THAN 400 SQUARE FEET OR 25%, 25% OF THE FLOOR AREA, IF THEY'RE GOING TO HOP, THEY WANT TO OPERATE OUTSIDE THOSE HOURS OF 8:00 AM TO 8:00 PM.

UM, AND THEN SOME OTHER THINGS THAT ARE LOCATED IN THERE.

SO THERE ARE SOME SPECIAL USE PERMIT OPPORTUNITIES, UH, BUT ONLY IF IT, IF, IF, IF IT FITS.

SO, UM, THE COMMITTEE REALLY WANTED TO TRY TO SIMPLIFY, UM, THE WHOLE ORDINANCE A LITTLE BIT MORE, AND I THINK THEY'VE DONE A GREAT JOB IN CRAFTING THE LANGUAGE FOR THAT.

UH, BUT IT STILL PROVIDES THAT SPECIAL USE PERMIT OPPORTUNITY FOR, UM, FOR CERTAIN THINGS WHEN THE, WHEN THE USE MIGHT BE MORE INTENSE FOR THE, UM, FOR A RESIDENTIAL NEIGHBORHOODS.

SO, YOU KNOW, WHEN YOU'RE INCREASING THE NUMBER OF PEOPLE, THAT PART, AND I'VE LISTED SOME OF THEM HERE, PARKING SPACE NUMBERS NEED TO BE INCREASED THE SIZE OF THE USE.

UM, AND THEN WE ALSO LISTED OUT SPECIFIC USES IN THERE THAT, UH, WOULD, WOULD, WOULD NEED TO STAY, UM, LIKE FIREARMS AND DAYCARE.

UM, WE ALSO, THERE'S AN OUTDOOR STORAGE STIPULATION IF YOU DON'T HAVE IT WITHIN A STRUCTURE AND I'LL GET TO THAT IN A MINUTE.

AND THEY ALSO ALLOWED, UM, CERTAIN TYPES OF VEHICLES WITH A SPECIAL USE PERMIT.

SO THEY JUST JUMP INTO SOME OF THE SPECIAL USE PERMIT PIECES, UM, KIND OF, YOU'VE KIND OF A LITTLE BIT ABOUT THIS, BUT ANYTHING OVER FOUR, SO FIVE OR MORE, UM, WHEREAS REQUIRING FIVE OR MORE PEOPLE TO BE ON THE SITE OR PARKING SPACES, UM, EXCEEDING THE 400 SQUARE FEET, UH, LIMITATION OR TWENTY-FIVE PERCENT OF THE PRINCIPLE STRUCTURE, AND THEN, UM, ANYWHERE.

UH, BUT, BUT, BUT THE BIG PIECE HERE IS, YOU KNOW, WE WANT TO GIVE PROPERTY OWNERS THE OPPORTUNITY THROUGH THE SPECIAL USE PERMIT PROCESS TO, TO DEMONSTRATE THAT EVEN THOUGH IT'S A MORE INTENSIVE USE, THEY CAN MAKE IT WORK ON THEIR PROPERTY, WHETHER THEY HAVE MORE ACREAGE OR THEY HAVE A GREAT VEG VEGETATIVE BUFFER, UM, OR ANYTHING LIKE THAT, THEY, THEY, ESPECIALLY FROM A PROCESS, GIVES THEM THE OPPORTUNITY TO JUST SHOW THAT THEY, THEY WON'T ADVERSELY IMPACT THE ADJACENT PROPERTY OWNERS.

AND I TALKED A LITTLE BIT ABOUT SOME OF THOSE USES, UM, THAT ARE IN THERE.

SO WE KEPT, UH, THE COMMITTEE KEPT IN THEIR RENTAL OF ROOMS, DAYCARE FOR CHILDREN, ADULTS, AND SPECIFICALLY FIREARM SALES.

THEY FELT THOSE WERE ALL ONES THAT REALLY NEEDED TO BE, UM, MAINE MAINTAINED AS A REVIEW BY THE FOREST SERVICE.

YES, PRESERVING THE RESIDENTIAL CHARACTER WAS A BIG CONCERN FOR THE COMMITTEE AND THEY HAD A LOT OF DISCUSSION ON OUT OUTSIDE STORAGE OF MATERIALS AND EQUIPMENT.

UM, THE VISUAL IMPACT OF SUCH STORAGE ON ADJACENT PROPERTIES, UH, WAS REALLY WEIGHED A LOT BY THE COMMITTEE.

AND THEY FELT IN THE END THAT IF YOU WANT TO HAVE A HOME OCCUPATION AND YOU WANT TO HAVE STORAGE OF MATERIALS, YOU REALLY SHOULD PUT IT IN A STRUCTURE OF SOME KIND.

UM, HOWEVER, IF YOU WANT TO LEAVE IT OUTSIDE, UH, YOU CAN HAVE X, X DISPOSED OUTDOOR STORAGE, AND OF COURSE YOU'D HAVE TO GET THE SPECIAL USE PERMIT.

UH, THEY DID PUT STIPULATIONS IN THERE FOR PARTICULAR LANDSCAPING THAT WOULD BE REQUIRED IN ADDITION TO FENCING, UH, WHICH WOULD HELP, UH, PROVIDE THIS.

AND, AND IT GIVES THE OPPORTUNITY FOR PROP PEOPLE WHO HAVE LARGER PROPERTIES AND WANT TO HAVE OUTDOOR STORAGE TO BE ABLE TO HAVE THAT WITHOUT A PROBLEM, BUT STILL ALLOWING THE PUBLIC SOME TIME TO COMMENT.

THE COMMITTEE ALSO HAS CONCERN AND DISCUSSION ABOUT, UM, DIFFERENT KINDS OF VEHICLES, PARTICULARLY LARGE COMMERCIAL VEHICLES, UM, TRAILERS, TOW TRUCKS, AND OTHER LARGE EQUIPMENT, UH, PROPOSED AMENDMENTS WOULD ALLOW SOME LIGHT WEIGHT VEHICLES AND TRAILERS LESS THAN 17 FEET IN LENGTH IN CONNECTION WITH THE HOME OCCUPATION.

UH, THEREFORE FOR EXAMPLE, SOME OF OUR SMALL LANDSCAPING CONTRACTORS COULD THEN BE ABLE TO PARK THEIR TRUCK, SMALLER TRUCK AND TRAILERS ON THEIR PROPERTY WITH THEIR EQUIPMENT ON IT, AND IT WOULD BE OKAY.

HOWEVER, THEY DO.

I WANT TO LOOK AT SOME OF THE LARGER VEHICLES.

SO ANYTHING THAT WOULD FALL IN THIS CATEGORY WOULD REQUIRE A SPECIAL USE PERMIT.

SO, UM, THEY LOOKED AT GROSS WEIGHT RATINGS, UH, GW ARE, UM, RATINGS.

SO ANYTHING OVER 19,500, ONE POUNDS OR MORE.

SO THAT WOULD BE LIKE AN F SEVEN 50, I BELIEVE.

UM, THAT WOULD BE, UH, OR BIGGER, UM, ANY TRAILERS WITH AN OVERALL LENGTH GREATER THAN 17 FEET.

AND THAT'S FROM THE HITCH TO THE BACK OF THE TRAILER, UM, WHERE THEY KEPT IN ALL THE HEAVY CONSTRUCTION EQUIPMENT, SOLID WASTE COLLECTION, TRACTOR TRUCKS, SEMI TRAILERS, DUMP TRUCKS, CONCRETE MIXERS, TOWING TRUCKS, UM, ANY TRAILER OR SEMI-TRAILERS THAT HAVE ANYTHING TO DO WITH FOOD OR BEVERAGE STORAGE.

AND THEY ALSO KEPT IN THERE ANY COMMERCIAL OR PASSENGER

[02:20:01]

VEHICLES SECURITY, MORE SICK, MORE THAN 16 PEOPLE PASSENGERS.

AND THEN I WANTED, I WANTED TO SHOW JUST A FEW EXAMPLES OF SOME OF THE VEHICLES I WORKED ON THAT WE TALKED ABOUT WITH THE COMMITTEE.

SO THE TOP LEFT-HAND SIDE IS, YOU KNOW, THE KIND OF WORK VEHICLE YOU WOULD SEE SOMEBODY BRINGING HOME.

UH, THEY WERE OKAY WITH THAT.

UM, THE TRUCK, THE TRUCK ON THE BOTTOM, UH, WITH THE TRAILER, UH, THOSE ARE THE KINDS OF NORMAL THINGS YOU WOULD SEE, UM, ON THE TOP RIGHT-HAND CORNER, THAT'S AN F FIVE 50, THAT'S THE TOP RANGE AT ABOUT 19,500 POUNDS.

SO ANYTHING ABOVE A F FIVE 50 OR OTHER TRUCKS OF SIMILAR NATURE WOULD REQUIRE THE SPECIAL USE PERMIT, BUT TRUCKS LIKE THIS, UH, YOU, YOU WOULD SEE WITH, UM, THE, THE NEW REGULATIONS AND THEN HERE ON THE BOTTOM IS A, ABOUT AN 18 FOOT TRAILER, UM, UH, FROM THE HITCH TO THE BACK.

AND THOSE WOULD REQUIRES THAT TRAILER WOULD REQUIRE A SPECIAL USE PERMIT.

AMENDMENTS TO THE BOARD OF SUPERVISORS WITH THE RECOMMENDATION OF APPROVAL.

IT SHOULD BE NOTED THAT, UM, THE COMMITTEE DID LOOK AT TOW AND RECOVERY VEHICLES, UM, BEING ALLOWED TO BE PARKED AS, UH, AS, AS PART OF A BI-RITE USE IN NEIGHBORHOODS.

UM, HOWEVER, THERE WAS A LOT OF CONCERN FROM THE COMMITTEE ABOUT DISRUPTIVE NOISE LATE AT NIGHT, EARLY IN THE MORNING.

A LOT OF THOSE TOW TRUCKS HAVE VERY LOUD DIESEL ENGINES.

UM, AND THEN THEY ALSO HAVE LIGHTS ON TOP.

AND SO TURNING THOSE ON WHAT THEY FELT WOULD BE A KIND OF DETRIMENT TO THE QUALITY OF LIFE, WHICH IS THE MAIN ISSUE THAT THEY WERE LOOKING AT.

UM, SO THEY DID KEEP, UM, TOW TRUCKS IN THE, UM, SPECIAL USE PERMIT CATEGORY.

UM, AND THEY ALSO HAD A CONCERN WITH, UH, VEHICLES BEING LEFT ON THE TOW TRUCK, YOU KNOW, NOT BEING ABLE TO GET INTO A STORAGE YARD OR SOMETHING, AND THEN BRINGING THAT THE TOWED VEHICLE BACK TO THE PROPERTY AND THAT CAUSING CONCERNS FROM LEAKING FLUID AND THINGS OF THAT NATURE.

SO AGAIN, THEY, THEY WANTED TO JUST MAKE SURE THAT THAT WAS THE NEIGHBORS HAD A CHANCE TO, TO TALK ABOUT THAT.

ONE OF THE EXISTING SECTIONS OF THE ORDINANCE IS THE DOCKING OF WORKING BOATS.

UM, AND SO THE COMMITTEE LOOKED AT THAT SECTION, THEY REMOVED TWO PIECES, UM, THAT WOULD ALLOW THESE KINDS OF USES TO DO, TO CHARGE FEES FOR ADMISSION DOCKAGE OR WHARFAGE, AND ALSO BE ABLE TO SALE SOME OF THOSE, UH, ON-PREMISE SALE OF, FROM, FROM THE THINGS THAT THEY, THEY WOULD DO.

UM, ONE OF THE BIGGEST FACTORS HERE WAS THEY DID LOOK AT THOSE, UM, APPLICATIONS THAT THE COUNTY RECEIVED FOR THOSE.

AND BASICALLY WE HAVEN'T RECEIVED A SPECIAL USE PERMIT REQUEST FOR A DOCKING, A WORKING BOAT SINCE THIS ORDINANCE WAS ADOPTED, UM, UH, MANY, MANY YEARS AGO.

SO THEY FELT IT WASN'T SOMETHING THAT WAS PROBABLY GOING TO BE VERY RELEVANT, BUT THEY WANTED TO OFFER A FEW MORE OPPORTUNITIES.

UH, THE LAST SECTION THAT THEY, UM, LOOKED AT WAS THE PROHIBITED HOME OCCUPATIONS.

UM, AND THEY DID ADD SEVERAL NEW, UM, PROHIBITED USES HERE, UH, THAT YOU CAN SEE LISTED HERE.

AND YOU PROBABLY UNDERSTAND THE REASON FOR A LOT OF THOSE, UM, UH, THE ONE THAT THEY DID, UH, KEEP, OR I'M SORRY, WHEN DID THEY TOOK OFF OF THE LIST THAT WAS, THERE WAS GIFT SHOPS.

UH, THEY FELT THAT WE ALREADY HAVE SEVERAL RETAIL, UM, TYPE USES THAT WOULD BE ALLOWED AND A GIFT SHOP COULD, COULD WORK AS THAT AS LONG AS THEY'RE STILL BEING CONTROL WITH THE, YOU KNOW, NO MORE THAN FOUR PEOPLE IN THE PARKING AND SO FORTH.

SO, UM, THEY WANTED TO GO AHEAD AND REMOVE THAT ONE IN PARTICULAR, THE COMMITTEE SPENT SEVERAL VOLUNTEER HOURS REVIEWING THE CURRENT INFORMATION ON HOME OCCUPATIONS IN YOUR COUNTY AND THE RELATED, UM, INFORMATION IN THE, IN THE ZONING ORDINANCE ITSELF AND AGREED TO A LOT OF THESE CHANGES THAT YOU SEE, AND AFTER DELIBERATE DELIBERATION, THE COMMITTEE CAME FORWARD WITH THE PROPOSED CHANGES THAT ALLOWS MORE FLEXIBILITY FOR CITIZENS WHO WANT TO OPERATE A BUSINESS FROM THEIR HOME WHILE STILL OFFERING PROTECTIONS TO SURROUNDING NEIGHBORS WHO THE USE PERMIT PROCESS, UH, FROM MALATA, FROM ANY OF THE NEGATIVE IMPACTS THAT MIGHT INTERFERE FROM A PEACEFUL ENJOYMENT OF THEIR RESIDENTIAL PROPERTY.

IT SHOULD BE NOTED THAT IN OUR COMPREHENSIVE PLAN CITIZEN SURVEY, UM, MORE THAN TWO THIRDS, 69% OF THE POPULATION SUPPORT THE GROWTH OF HOME BASED BUSINESSES.

AND HALF OF THOSE PEOPLE SUPPORTED VERY STRONGLY, UH, WHILE ABOUT 12% OPPOSE THE GROWTH OF HOME OCCUPATIONS, ADDITIONALLY, A LITTLE MORE THAN HALF 55% OF THOSE WHO SUPPORT HOME OCCUPY HOME BUSINESSES ALSO SUPPORT ALLOWING BUSINESSES TO HAVE CLIENTS COME TO THE HOUSE.

UM, SO THAT'S A VERY POSITIVE, UM, PIECE WITHIN THAT.

SO STAFF BELIEVES THESE AMENDMENTS THAT WERE PROPOSED BY THE COMMITTEE STRIKE AN APPROPRIATE BALANCE BETWEEN THE NEEDS OF BOTH HOME-BASED BUSINESS OWNERS AND THEIR NEIGHBORS.

AND WE RECOMMEND THE COMMISSION FORWARD THE PROPOSED

[02:25:01]

AND YOU CAN DO THAT THROUGH THE ADOPTION OF RESOLUTION NUMBER, PC 21 DASH THREE.

AND IF THERE ARE ANY QUESTIONS, I'D BE HAPPY, HAPPY TO ANSWER THEM.

THANK YOU, MR. ANDERSON, FOR THE, UH, THOROUGH PRESENTATION.

UM, I WILL, UH, I WILL OPEN IT UP TO OUR COMMISSIONERS TO SEE IF THEY HAVE ANY QUESTIONS.

UH, ROBERT KRINER HERE.

I HAVE A COUPLE, UH, I REMEMBER ONE OF THE HOME OCCUPATIONS THAT WAS A CONCERN ABOUT HAD TO DO WITH FIELD OYSTERS AND HARVESTING AND, YOU KNOW, NOISE MADE BY CLEANING UP THE, UH, WHATEVER THE WIRE CAGES ARE.

AND THE SAME WOULD APPLY TO A HOME OCCUPATION WHERE THERE WAS A CARPENTER OUT THERE PLANING, OR, YOU KNOW, CREATING LOUD NOISE WHILE THEY'RE DOING THEIR WORK.

HOW WAS THIS ADDRESSED IN THIS? SO WE STILL HAVE, UM, OUR NOISE ORDINANCE, WHICH WOULD BE MOST LIKELY THE ENFORCEMENT, UM, PIECE FOR THOSE KINDS OF USES.

UM, YOU KNOW, THE, THE, THE ORDINANCE SPECIFICALLY SAYS, YOU KNOW, IT PROHIBITS, UM, THESE, THOSE THINGS NOISE, UM, ODOR SMOKE, UM, UH, VISUAL THINGS.

SO, YOU KNOW, YOU WOULD WANT A, THOSE WOULD PROBABLY THOSE WOULD BE ENFORCEABLE THROUGH THOSE ACTIONS.

SO IF SOMEONE'S OUT THERE RUNNING A SAW ALL, ALL DAY, ALL NIGHT LONG, THEN OUR, OUR ZONING ENFORCEMENT STAFF COULD COULDN'T COULD, UM, ENFORCE THE ORDINANCE AGAINST THEM.

IT MAY HAVE FORCED THE NOISE, BUT, YOU KNOW, THE OTHER ISSUE IS THE AMOUNT OF TRAFFIC CAUSED BY, YOU KNOW, IF SOMEONE DECIDES TO SELL OYSTERS OR SO GIFTS OUT OF THEIR SHOP, ARE THEY LOOKING AT, YOU KNOW, AS LONG AS THEY LIMIT IT TO FOUR TO TIME, THERE COULD BE A STEADY STREAM OF TRAFFIC COMING IN AND OUT, BUT, YOU KNOW, I'VE, YOU KNOW, A HUNDRED CARS A DAY OR WHATEVER, OR A RESIDENTIAL HOUSE.

I DON'T SEE A WAY TO HANDLE THAT RIGHT NOW.

I MEAN, IF IT BECOMES TOO INCENSE TENSIVE OF A USE, I MEAN, IF THEY'RE GOING ABOVE THE FOUR, THEN YOU KNOW, THEN THEY WOULD HAVE TO GET A SPECIAL USE PERMIT FOR IT.

OTHERWISE, I MEAN, IF THEY'RE HAVING FOUR, THEY CAN'T HAVE MORE THAN FOUR AT A TIME.

SO, I MEAN, IF THEY'RE CYCLING, IF THEY'RE THAT GOOD AT CYCLING PEOPLE THROUGH, UM, I MEAN, I WOULD SAY, YOU KNOW, LOOKING BACK AT ALL OF OUR HOME OCCUPATIONS, WE'VE, WE'VE NEVER HAD AN INCIDENT WHERE WE'VE HAD SOMETHING LIKE THAT THAT WAS SO INTENSE THAT IT WAS CONSTANT TRAFFIC GOING IN AND OUT OF, OUT OF, UH, RESIDENTS MO I MEAN, MOST HOME OCCUPATIONS ARE, ARE SMALLER.

UM, THEY'RE VERY LIMITED IN THE NUMBER OF PEOPLE THAT COME IN AND OUT.

UM, I'VE TRIED TO THINK OF ONE, YOU KNOW, SOME OF THE BEAUTY SALONS THAT WE HAVE, YOU KNOW, COULD HAVE UP TO TWO CUSTOMERS AT A TIME, YOU KNOW, SO THAT YOU COULD BE CYCLING OUT, YOU KNOW, MAYBE 10 OR 12 PEOPLE A DAY.

I HAD TO PRESIDE OVER THE MEETING, IT HAD TO DO WITH THE OYSTERS OF BEING HARVESTED.

AND ONE OF THE CONCERNS OVER THAT ONE WAS THE, UH, YOU KNOW, LARGE TRUCKS GOING IN AND OUT, UH, YOU KNOW, BUT ACCORDING TO THIS RIGHT HERE, AS LONG AS THEY'RE NOT PARKED THERE OVERNIGHT, THAT'S NOT AN ISSUE.

SO, WELL, NO, WE SAY OPERATED FROM THE PROPERTY.

SO YOU CAN'T, YOU COULDN'T BRING IN TRACTOR TRAILERS WITHOUT A SPECIAL USE PERMIT.

ANYTHING OVER THE, THOSE, UH, GROSS VEHICLE WEIGHTS WOULD REQUIRE A SPECIAL USE PERMIT SO THEY COULD OPERATE FROM, BUT IF IT WAS JUST COMING FROM SOMEBODY ELSE AND PICKING IT UP DURING THE DAY AND TAKING IT AWAY, IS THAT CONSIDERED OPERATING FROM, UM, I THINK IT WOULD SAY OPERATED ON, BUT, UM, LET ME, LET ME GRAB THE ORDER SECTION.

I DIDN'T MEAN TO CONFUSE YOU TOO MUCH, BUT YEAH.

LET ME TAKE A LOOK AND SEE EXACTLY WHAT IT SAYS, THE GENERAL RULE I ENJOY WHEN, YOU KNOW, THE RULES AND REGULATIONS GET THINNER AND EASIER TO READ, BUT WE MAY BE OPENING UP A LITTLE PANDORA'S BOX HERE.

I MEAN, I CAN, IT DOES SAY PARKED ON STORED ON OR OPERATED FROM THE PROPERTY.

SO MAYBE WE NEED TO TWEAK THAT LANGUAGE A LITTLE BIT TOO.

UM, THERE, YEAH.

WE MAY HAVE TO TWEAK THAT TO ADD A LITTLE SOMETHING TO TIGHTEN THAT DOWN A LITTLE BIT, BECAUSE I KNOW THAT WAS NOT THE INTENT OF THE COMMITTEE.

THEY, THEY WANTED ANY KIND OF TRUCKS LIKE THAT TO BE REGULATED BY THE SPECIAL USE PERMIT PROCESS.

OH, I WOULD ENCOURAGE THAT.

UH, ANY OTHER COMMISSIONERS? UH, QUESTIONS OF MR. YES.

MR. JOHNS.

MR. ANDERSON, UH, ENFORCEMENT.

WHAT IS THE CURRENT STAFF OR MAKEUP OF THE ZONING DEPARTMENT RIGHT NOW? UH, SO WE HAVE OUR ZONING CODE ENFORCEMENT SUPERVISOR AND, UH, THEY, SHE HAS, UH, THREE, REALLY THREE 10.

AM I CORRECT? THREE INSPECTORS.

FULL-TIME FULL-TIME I BELIEVE, YES.

UM, MS.

[02:30:01]

GOOD IS ON THE CALL.

IF YOU WOULD LIKE HER TO ANSWER THAT QUESTION, SHE COULD PROBABLY TELL YOU, WELL, THE REASON I'M MENTIONING THAT IS BECAUSE MOST OF THE NARRATIVE, UH, WAS RELATED TO ZONING AND TEXT CHANGES.

AND IN ORDER TO ENSURE COMPLIANCE, YOU KNOW, YOU HAVE TO LOOK AT THE, UM, ENFORCEMENT MECHANISM.

IT SEEMS LIKE WE WERE WIDENING THE, UH, PERMISSIONS FOR, UH, HOME-BASED BUSINESSES.

AND I'M CERTAINLY FOR THAT, BUT WE ALSO WANT TO, UH, ASSURE COMPLIANCE.

AND SO MY CONCERN IS THAT IF WE ARE NOT BEING SURE THAT WE HAVE ADEQUATE RESOURCES, UH, TO MANAGE THAT, THEN WE'RE GOING TO OPEN UP FOR INSTANCE HERE, WE'RE TALKING ABOUT SEVEN DAYS A WEEK, UH, ON SUNDAYS, UH, WHICH IN MY OPINION, IT INTRUDES UPON THE PRIMARY PURPOSE OF MAKING SURE THAT IT'S IT'S FOR RESIDENTIAL PURPOSES.

UM, SOME I'M, I'M JUST A LITTLE BIT CONCERNED ABOUT ENFORCEMENT BECAUSE THE TWO HAVE TO GO TOGETHER AND, AND ALL OF THIS WAS REALLY ABOUT PERMISSIONS, RIGHT? WELL, I MEAN, OUR ZONING CODE ENFORCEMENT STAFF ARE, I MEAN, THEY'RE CURRENTLY GOING AND REVIEWING MO MOST OF THE APPROVED, WELL, NO, ALL OF THE APPROVED SPECIAL USE PERMITS.

SO ALL THE PAST THAT HAVE BEEN APPROVED ARE, ARE INSPECTED, UM, ON AN ANNUAL BASIS.

I MEAN, WHAT'S GOOD CAN CORRECT ME IF I'M WRONG, BUT, UH, I BELIEVE THEY INSPECT THEM EVERY YEAR, UM, EVERY SPECIAL USE PERMIT.

AND SO, UH, THIS WOULD PROBABLY BE VERY SIMILAR TO THAT, THAT THEY WOULD, UM, GO OUT AND MAKE SURE THAT IF THERE'S ANY KIND OF ENFORCEMENT ACTION, UM, NEEDED THAT THEY, THEY WOULD BE ABLE TO HANDLE IT.

VERY GOOD.

UM, WITH REGARDS TO THE TOW TRUCKS, UH, FOR THE VERY REASONS THAT YOU MENTIONED THE NOISE AND FLASHING LIGHTS, UM, I REALLY HAVE A PROBLEM, UH, WITH HAVING THOSE, UH, PERMITTED, BECAUSE IT'S A PROBLEM, YOU KNOW, UH, THE DECIBEL LEVEL ON THESE THINGS IS AT, OR, OR OVER 85 AND AT THE MIDDLE AND AT THE MIDDLE OF THE NIGHT, YOU KNOW, SOMEBODY IS CRANKING A TOTAL WRECK, A TRUCK UP AND FLASHING THE LIGHTS.

I DON'T SEE HOW THAT COULD, UH, I'M GONNA SEE HOW YOU'RE GONNA FIX THAT.

IT'S ONLY ALLOWED BY SPECIAL USE PERMIT WITH THE PROPOSED CHANGES.

THEY KEPT IT AS A SPECIAL USE PERMIT.

WELL, WHAT I'M SAYING IS THAT ESPECIALLY USE PERMIT TO HAVE A HEARING FOR WHAT I MEAN, THE NOISE AND THE LIGHTS ITSELF.

TO ME, IT SHOULD BE ON ONE OF THOSE PROHIBITED LISTS, JUST BECAUSE THAT, I MEAN, YOU CAN'T ATTENUATE THAT IT IS WHAT IT IS.

THAT'S WHAT I'M SAYING.

I KNOW YOU HAVE, YOU HAVE, UH, YOU HAVE, UH, A HEARING, BUT YOU'RE HAVING A HEARING ABOUT SOMETHING THAT'S A PROBLEM.

YOU CAN'T MUFFLE THE SOUND, YOU CAN'T GET RID OF THE LIGHTS.

SO I DON'T SEE THE PURPOSE OF HAVING A HEARING ON THAT.

SO, I MEAN, I UNDERSTAND YOUR CONCERN.

UM, AND THIS WAS, YOU KNOW, THE, KIND OF THE THING THAT THE COMMITTEE DID HAD A LOT OF CONVERSATION ABOUT.

UM, BUT THEY WANTED TO GIVE THE OPPORTUNITY BECAUSE SOMEONE MIGHT HAVE, UM, YOU KNOW, FIVE ACRES OF LAND AND WANT TO HAVE A TOW TRUCK ON IT.

SO THEY'RE NOT ANYWHERE CLOSE TO THEIR NEIGHBORS OR MAYBE THEIR NEIGHBORS, OR DON'T REALLY HAVE A CONCERN ABOUT IT.

AND, UM, THEY'VE, THEY'VE TALKED WITH THEM AND SPOKE WITH THEM AND, YOU KNOW, THEY'RE WILLING TO GO THROUGH THE SPECIAL USE PERMIT PROCESS TO HAVE IT.

UM, THE COMMITTEE JUST WANTED TO MAKE SURE THAT THERE WAS STILL SOME FLEXIBILITY FOR THESE KINDS OF THINGS, UM, BUT STILL HAVE THAT PUBLIC PROCESS IN THERE.

SO, I MEAN, I DO UNDERSTAND YOUR CONCERN AND I THINK THE COMMITTEE, YOU KNOW, WAS VERY, UM, ON, ON BOARD WITH YOUR, UM, UH, WHAT YOU'RE SAYING.

SO I THINK THAT, UM, YOU KNOW, IT IS A CONCERN AND THAT'S WHY THEY WANTED TO MAINTAIN IT AS A SPECIAL USE PERMIT.

UH, JUST TO GIVE THE OPPORTUNITY FOR A PROPERTY OWNER TO PROVIDE HIS, HIS, OR HERS, UM, REASONING FOR WHY THEY THINK THEY CAN DO THE SPECIAL USE FOR THE ZONE, THEIR PROPERTY.

ALL THESE THINGS THAT ARE BEING BROUGHT UP, I THINK NEED TO BE VERY CAREFULLY CONSIDERED AS YOU MOVE FORWARD IN TERMS OF WHAT WE'RE GONNA DO IN OUR COMMUNITIES AND OUR NEIGHBORHOODS, ET CETERA, ET CETERA.

I JUST WANT TO BE SURE WE'RE NOT OPENING UP TOO WIDE.

WE'RE CREATING AN OPPORTUNITY FOR WHAT WE WOULD CALL HOME.

ELEVEN'S FOR LACK OF A BETTER DESCRIPTIVE WORD, BUT THANK YOU, SIR.

YOU'RE WELCOME.

ANYWHERE.

I THINK I WOULD, I WOULD TELL YOU, I AGREE WITH WHAT MANI SAID AND MR. CRINER SAID, TOO, I JUST WANT TO UNDERSCORE, I THINK THE DEVIL'S IN THE DETAILS AND ALL OF THIS.

AND I APPRECIATE THE FACT THAT, YOU KNOW, AS WE MOVE INTO THE FUTURE WITH, UM, UH, BUSINESSES, ET CETERA, AND EVERYBODY'S ZOOMING AND TELEWORKING AND ALL THOSE THINGS IS IT'S A GREAT THING THAT, THAT WE'RE TAKING ALL THIS INTO CONSIDERATION, BUT

[02:35:01]

SO JUST WANT TO UNDERSCORE BOTH OF OUR COMMITTEE MEMBERS HAVE SAID.

THANKS.

UM, GOOD COMMENTS, MR. STARK.

UH, ANYBODY ELSE HAVE ANY, UH, COMMENTS THEY'D LIKE TO MAKE? YES.

MR. TITUS? WELL, FIRST OF ALL, I'M WELCOME BACK TO MYSELF.

I DROPPED OFF THERE FOR A WHILE.

MY TABLET WENT, UH, WENT SOMEWHERE WITHOUT POWER.

SO I HAD TO GET MY PHONE OUT AND, AND LOG BACK IN.

I THINK THE, UH, THE COMMITTEE, AS WE MET, WE, WE REALLY TALKED A LOT ABOUT THE PARKING AND ABOUT THE CONVERSATION, UH, ABOUT NOISE AND, AND, UH, ET CETERA.

AND YOU KIND OF COME UP WITH A, WITH A MITIGATION WAY THAT WE HAVE PUT INTO THIS CODE.

UH, IT WAS A VERY GOOD DISCUSSION BY SEVERAL, UH, LOTS OF PEOPLE, UH, ABOUT, ABOUT HOW TO MITIGATE, HOW TO MAKE HOME BUSINESSES SAFE IN THE ENVIRONMENT.

UH, AND YET STILL HAVE HOME BUSINESSES THAT WEREN'T TOO, UH, INTRUSIVE INTO THE, UH, INTO THE COMMUNITY.

SO, ANYWAY, JUST THOUGHTS.

THANK YOU, MR. TITUS.

UM, I AGREE WITH SOME OF THE COMMENTS ABOUT THE TOW TRUCK AND THOSE KINDS OF THINGS.

UM, HOWEVER, I'M KEEN TO THE FACT THAT WHEN YOU DRAFT THESE ORDINANCES AND YOU MEET WITH A COMMITTEE AND YOU HAVE ALL THESE SUGGESTIONS, YOU CAN PROBABLY ONLY GET 80% OF IT.

AND THE DETAILS AS WE TALKED ABOUT AS MR. JOHNS AND MR. STERK AND MR. CRINER HAS MENTIONED ABOUT THE DEVIL'S IN THE DETAILS AS WE MOVE FORWARD AND, AND, AND REVIEW HOME OCCUPATIONS, UM, YOU KNOW, THERE, THERE LIKELY WILL BE SOME TWEAKING TO THIS, UM, TO THIS EFFORT.

UH, NOBODY REALLY KNOWS HOW IT'S GOING TO FULLY PLAY OUT UNTIL, UNTIL WE START TILL WE START EXECUTING THE ORDINANCE.

SO THIS, THIS MAY NOT, THIS IS DOESN'T MEAN IT'S THE, THE END OF THE ROAD.

UM, AND AS, UH, AS WE MOVE FORWARD AND SEE HOW IT'S EMPLOYED, WE MAY, AS A COMMISSION, WE HAVE A RIGHT TO, UH, PROPOSE SOME CHANGES AND MAKE SOME TWEAKS AS WE SEE THEM.

SO I APPRECIATE ALL THE COMMENTS.

UM, I'M ENCOURAGED THE FACT THAT WE'RE TIGHTENING UP SOME OF THE HOME OCCUPATIONS TO GIVE US MORE GUIDANCE AS WE MOVE, UH, MOVE FORWARD WITH SOME OF THESE THINGS, BECAUSE I FELT IT WAS REALLY NEEDED.

AND, UH, AT LEAST WE'VE HAD SOME CITIZEN INPUT AND SOME OTHERS IN THE COUNTY THAT HAVE SOME KNOWLEDGE OF WHAT'S GOING ON.

UH, SO I'M, I'M SUPPORTIVE OF IT.

I THINK WE'RE GETTING CLOSER.

WE'RE NOT ALL THE WAY THERE YET.

AND I DON'T THINK ANY COMMUNITY IS ALL THE WAY THERE WHEN IT COMES TO HOME OCCUPATIONS, BUT I'M GLAD TO SEE THAT WE'RE, WE'RE, WE'RE, WE'RE TICKING OFF SOME, UH, IMPORTANT ISSUES, UH, AND THE COMMITTEE DOES SOME GOOD WORK.

SO I'LL BE SUPPORTING IT.

ANY OTHER COMMENTS FROM OUR COMMISSION MEMBERS? YES.

MR. JOHNS.

MS. ANDERSON, DID YOU SAY THAT MRS. UH, MRS. GOOD IS, UM, SHE'S AVAILABLE.

CAUSE I LIKE TO HEAR A COMMENT FROM HER AND HEAR WHAT SHE THINKS ABOUT THESE, UH, SUGGESTED CHANGES, EVEN THOUGH SHE WAS A PART OF THE COMMITTEE.

NOW HEARING SOME OF THE COMMENTS THAT WE WERE MAKING.

UM, MS. DINA, GOOD IS ON THE CALL AND I JUST BROUGHT HER IN, SO SHE WANTS TO UNMUTE AND MAYBE SHE CAN ANSWER YOUR QUESTION ON STAFFING ISSUE.

HELLO, EVERYONE.

HELLO, HAPPY NEW YEAR TO YOU.

UM, YOU KNOW, WE'RE NOT JUST OUT RIDING AROUND LOOKING FOR THESE VEHICLES TO BE PARKED OR STORAGE, TO BE, YOU KNOW, VISIBLE FROM THE STREET.

SAME TO YOU.

SO DANA, THEY HAD QUESTIONS ON, CAN YOU, DID YOU HEAR THEIR QUESTION? NO.

WHAT WAS THE QUESTION? YOU HEARD THE COMMENT, BUT I WASN'T SURE IF THERE WAS A QUESTION.

SURE.

UM, YEAH, SHE, UH, MR. JOSH JUST HAD A QUESTION AS WHETHER, UM, STAFFING WAS ENOUGH TO BE ABLE TO HANDLE, UM, THESE, THESE NEW POSSIBLE CHANGES.

EARL WAS CORRECT.

UM, I'M A SUPERVISOR THEN I HAVE TWO FULL TIME INSPECTORS, ONE FOR THE UPPER PART OF THE COUNTY, ONE FOR THE LOWER.

AND THEN I HAVE A PART-TIME INSPECTOR THAT KIND OF FILLS IN WHEREVER WE NEED HER TO FILL IN.

IF WE GET OVERWHELMED IN A CERTAIN AREA, SHE GENERALLY DEALS WITH THE T THE DAN D AREA.

BUT IF WE NEED HER ELSEWHERE, SHE WILL FILL IN.

UH, BUT BECAUSE ZONING IS A COMPLAINT DRIVEN DEPARTMENT,

[02:40:01]

BUT IF WE GET A COMPLAINT, THEN WE WILL, UM, CHECK INTO THE COMPLAINT AND INVESTIGATE THE COMPLAINT WITHIN TWO OR THREE DAYS OF RECEIVING THE COMPLAINT.

SO SOMEONE HAS A COMPLAINT BECAUSE OF BUSINESSES OPERATING ON A SUNDAY, YOU KNOW, AND IT'S BEEN A COUPLE OF SUNDAY, THEN THEY JUST CAN'T TAKE IT ANYMORE.

WHATEVER THE PROBLEM IS, AND THEY CALL THE OFFICE, YOU KNOW, BOB TUESDAY OR WEDNESDAY OF THAT WEEK, WE WILL BE MAKING CONTACT WITH THE PROPERTY OWNER, TRYING TO FIGURE OUT HOW WE CAN MITIGATE THE PROBLEM IF THERE IS ONE.

UM, ANY OTHER COMMISSIONERS, UH, COMMENTS ON THIS? ALL RIGHT HERE.

WE'RE NOT NOW I'M COMING.

HOLD ON.

I BELIEVE THERE'S A THIRD ZONING IN SEAFORD.

UM, WE, OUR, OUR, OUR NRC, BUT I BELIEVE THERE WERE PARTS OF YOUR POINT THAT HAVE A DIFFERENT ZONING.

IS THAT AREA BEING ADDRESSED.

THERE'S A LOT OF, YOU KNOW, WATER AND BOATS AND FISHERMEN OUT THERE.

SO DO THEY KNOW IF THERE'S A SPECIAL ZONING STILL OUT THERE OR A DIFFERENT ZONING THAN OUR R AND RC? AND IS IT BEING ADDRESSED? UH, SO THE HOME OCCUPATION ORDINANCE KIND OF SITS THROUGHOUT ALL THE ZONING DISTRICTS, UM, THROUGHOUT THE, ALL THE RESIDENTIAL ZONING DISTRICTS.

SO IF THERE'S, IF IT'S A, UM, ARE, I'M TRYING TO REMEMBER WHAT YOUR POINT IS, TIM? YOU ARE 33 33.

SO YES, IT HAS A DIFFERENT CAUSE ON HERE WHERE IT'S TALKING ABOUT THE BOATS AND THE FISHING AND EVERYTHING IT HAD SPECIFICALLY STATES ARE, ARE IN RC.

SO I'M ASSUMING YOUR R 13 HAS SPECIAL RESTRICTIONS.

WELL, THE, THEY DID THE COMMITTEE DIDN'T MAKE ANY CHANGES TO THAT PART OF THE ZONING ORDERS.

THAT'S WHAT'S IN EXISTENCE RIGHT NOW.

SO DOCKING OF WORK BOATS, AND ALSO ANY SEAFOOD IS ONLY ALLOWED IN RR AND RC RIGHT NOW.

SO YOUR POINT WOULD NOT BE ONE OF THE PLACES WHERE YOU COULD DO THAT KIND OF USE EVEN CURRENTLY.

UM, SO THE, YOU KNOW, THE COMMITTEE DIDN'T LOOK TO MAKE MANY CHANGES TO THIS SECTION OF THE ORDINANCE.

THEY JUST OPENED UP A LITTLE MORE FLEXIBILITY BY ALLOWING THEM TO DO ONSITE SALES AND SUCH.

ANYBODY ELSE? YEAH.

MISS DAN.

SO I HAVE ONE MORE COMMENT.

I DID GOOGLE YOUR COUNTY ZONING, AND IT DIDN'T GO TO THE COUNTY'S WEBSITE, BUT IT DID LIST THE, A NUMBER, THE, YOUR COUNTY ZONING AND THE NUMBER WAS (800) 900-3524, WHICH IS A NON-WORKING NUMBER, THE CORRECT NUMBERS.

EIGHT AND NINE OH 35 23, WHICH IS ON THE COUNTY'S WEBSITE.

HMM.

SO I JUST TO BRING YOUR ATTENTION TO THAT, I DOUBT, I DOUBT THAT TO SEE WHAT WOULD HAPPEN.

I WILL MAKE SURE TO LET OUR WEBMASTER KNOW THAT AND WE'LL SEE IF SHE CAN, SHE CAN FIGURE OUT WHAT'S GOING ON THERE.

ANY OTHER COMMENTS GOING ONCE, TWICE GONE.

UM, ANY DISCUSSION FROM OUR COMMISSIONERS, ANYBODY HAVE ANY COMMENTS, UH, AFTER WHAT WE'VE HEARD? YOU WANT TO DO THAT ON PUBLIC HEARING? SORRY.

THANK YOU, MR. CROSS FOR REMINDING ME, UH, MR. ANDERSON, DO WE HAVE ANYBODY ONLINE? IT'S WILLING TO CALL OUR PUBLIC? OUR PUBLIC HEARING IS STILL OPEN.

SO IF YOU'RE IN THE ATTENDEE AREA AND YOU WOULD LIKE TO SPEAK, GO AHEAD AND RAISE YOUR HAND USING THE PARTICIPANT PANEL.

YOU CAN RAISE YOUR HAND.

TO THANK THE PLANNING COMMISSION FOR CONSIDERING THESE UPDATES TO THE HOME-BASED BUSINESS ORDINANCE.

SO MELISSA DAVIDSON DAVIDSON WAS ONE OF OUR COMMITTEE MEMBERS.

GO AHEAD, MELISSA.

HI THERE.

GOOD EVENING, MR. CHAIRMAN AND PLANNING COMMISSION MEMBERS.

UM, MY NAME IS MELISSA DAVIDSON.

I'M THE ASSISTANT DIRECTOR OF ECONOMIC DEVELOPMENT FOR YORK COUNTY, AND I'M ALSO A YORK COUNTY RESIDENT.

I DO LIVE IN SEAFORD AND, UM, AND MY SPOUSE ACTUALLY RUNS HIS OWN HOME-BASED BUSINESS.

SO VERY FAMILIAR WITH ALL OF THIS.

UM, AND I HAD THE PLEASURE OF SERVING ON THE COMMITTEE THAT REVIEWED THE HOME-BASED BUSINESS SECTION OF THE CODE.

UM, SO FIRST I REALLY JUST WANT

[02:45:01]

UH, THE MAJORITY OF THE SECTION OF THE CODE HADN'T BEEN UPDATED FOR DECADES.

SO WE REALLY FOUND THAT IT NEEDED A BIT OF A REFRESH.

UM, BUT, YOU KNOW, BECAUSE HOME-BASED BUSINESSES ARE SUCH AN IMPORTANT PART OF OUR BUSINESS COMMUNITY, UM, WE FELT IT WAS IMPERATIVE THAT THE REGULATIONS GOVERNING THEM BE REVIEWED AND UPDATED JUST TO MAKE THEM MORE RELEVANT.

UH, SO THE COUNTY, AS YOU MAY KNOW, HAS DEVELOPED A COMPREHENSIVE BUSINESS ASSISTANCE PROGRAM THAT IS SPECIFICALLY TARGETED TO HELP THESE HOME-BASED BUSINESSES.

UM, AND THIS REVIEW WAS REALLY AN IMPORTANT PART OF, OF CREATING A POSITIVE ENVIRONMENT FOR THEM TO GROW AND THRIVE.

SO, UM, JUST A QUICK, BIG, THANKS TO GLEN, UM, TITUS FOR BEING OUR FEARLESS COMMITTEE LEADER, HE DID SUCH A GREAT JOB KEEPING US ON TRACK AND, AND MOVING THIS PROJECT FORWARD.

UM, SO I REALLY DID FEEL TRULY PRIVILEGED TO BE PART OF THIS GROUP.

THEY WERE VERY, VERY DEDICATED GROUP OF PEOPLE, BUT, UM, I JUST WANTED TO SAY THAT EVERYONE WORKED REALLY HARD AND REVIEWED AND DISCUSSED THE ORDINANCE TRULY LINE BY LINE WEEK AFTER WEEK.

UM, AND WE WERE VERY, UM, TO, TO LOOK AT HOW EACH ROLE WOULD AFFECT BOTH THE BUSINESS OWNER AND THEIR NEIGHBORS.

AND WE WERE VERY MINDFUL TO TRY AND BALANCE THESE NEEDS ACCORDINGLY.

SO WE DO FEEL THESE UPDATES WITH LONG WAY AND MAKING IT EASIER TO START AN OPERATOR HOME-BASED BUSINESS, BUT ALSO, YOU KNOW, WITHOUT ENCROACHING ON THE RIGHTS OF NEARBY HOMEOWNERS, WHICH WAS ABSOLUTELY THE UTMOST IMPORTANCE TO US.

UM, SO WE DO FEEL LIKE THESE CHANGES JUST MAKE SENSE, UM, GIVEN THE EVER-GROWING TRENDS TOWARDS WORKING FROM HOME.

UM, BUT IN THE END WE DO FEEL THAT, UM, YOU KNOW, THE GROUP REALLY HAD A LOT OF DISCUSSION AND CAME UP WITH A FAIR AND BALANCED AND PRETTY SOLID SUGGESTIONS.

AGAIN, ALWAYS ROOM FOR, FOR TWEAKS, UM, AS WAS MENTIONED.

BUT, UM, WE REALLY APPRECIATE YOUR SUPPORT.

AND AGAIN, WE JUST WANT TO THANK YOU FOR YOUR CONSIDERATION OF THESE SUGGESTED UPDATES.

THANK YOU, MELISSA, FOR YOUR COMMENTS.

THANK YOU FOR YOUR WORK ON THE COMMITTEE AND, AND, UM, MR. ANDERSON, ANYBODY ELSE? UH, LET'S SEE RIGHT NOW, NO ONE ELSE.

NO ONE ELSE HAS RAISED THEIR HAND.

OH, WAIT.

SO I JUST DID, SORRY.

ALL RIGHT, MISS, UH, SARAH, DO YOU WANT TO GO AHEAD AND UNMUTE YOURSELF? HELLO EVERYONE.

ARE YOU ABLE TO HEAR ME? YES.

YES MA'AM.

UM, IF YOU GUYS HAD ANY QUESTIONS FOR ME, JUST SORT OF AS A REGULAR HOMEOWNER, UM, OR SOMEBODY WHO HAS WORKED IN A LOT OF DIFFERENT HOS IN THE SOUTHERN PART OF THE COUNTY, I WOULD BE HAPPY TO ANSWER THEM.

UM, MY NAME IS SARAH KNOB.

I LIVE IN THE TAB AREA OF YORK COUNTY AND I WAS ON THE COMMITTEE.

UM, I WAS LISTED AS AN HOA MEMBER REPRESENTATIVE.

I DO ALSO, UM, HAVE PROFESSIONAL DESIGNATIONS AND WORK A HOME-BASED BUSINESS OUT OF MY OWN HOME.

I AM A COMMUNITY ASSOCIATION MANAGER, SO I MANAGE HOS.

I ALSO LIVE NEXT DOOR TO SOMEONE WHO HAS A HOME-BASED, UH, BEAUTY SALON.

SO I CAME AT THIS COMMITTEE FROM THREE OR FOUR DIFFERENT DIRECTIONS.

UM, AND MS. DAVIDSON WAS RIGHT.

WE ABSOLUTELY, UH, SOMETIMES GRILLED MR. ANDERSON ABOUT THE DETAILS OF WHAT THE CURRENT CODE MEANT AND HOW WE COULD MAKE IT BETTER.

UM, WE WERE VERY, VERY CONCERNED ABOUT VEHICLES AND PARKING OF, OF THINGS, AND WE PLAYED A LOT OF WHAT IF SCENARIOS AND DEVIL'S ADVOCATE AND WHAT IF, UH, SOMEBODY DECIDES TO DO THIS, HOW WILL THAT BE STOPPED? WE TRIED TO COME UP WITH EVERY, UM, WILD IDEA WE COULD THINK OF TO SEE IF IT COULD SOMEHOW BE, UH, MITIGATED IF IT WAS DANGEROUS AND NEGATIVE WILD IDEA BY OUR SUGGESTIONS FOR THE CODE.

I AM ALSO VERY MUCH ON THE SIDE OF COMMUNITIES AND HAVING, LETTING COMMUNITIES HAVE A SAY.

UM, AND I FEEL, UM, ALL OF THE ITEMS THAT WE LEFT IN NEED A SPECIAL USE PERMIT, UM, ADDRESSED THAT, THAT WAY.

IF A COMMUNITY REALLY WAS AGAINST A CERTAIN ASPECT OF SOMEONE'S BUSINESS, THEY WOULD HAVE A CHANCE TO COME SPEAK OUT ABOUT IT.

UM, AND HOWEVER, ALLOWING FOR THOSE PARTS OF THE COUNTY THAT ARE NOT VERY DENSELY POPULATED, A LOT OF THOSE FOLKS OPERATE THINGS OUT OF THEIR HOMES, AND WE DIDN'T WANT TO RESTRICT WHAT THEY WERE ABLE TO DO.

UM, LIKE MR. ANDERSON HAD SAID, IF THEY DON'T HAVE CLOSE BY NEIGHBORS, A LOT OF THOSE FOLKS HAVE WORKED VERY HARD AT BUILDING THEIR BUSINESS AND OWN A LOT OF LAND SO THAT THEY CAN OPERATE THEIR BUSINESS OUT OF IT.

SO I, UM, I JUST WANTED TO, UM, SAY HELLO AND THANK YOU.

THIS HAS BEEN A VERY INTERESTING MEETING.

UM, AND,

[02:50:01]

UM, IF NOT, THEN I WOULD APPRECIATE YOUR SUPPORT IN SENDING THIS ALONG TO THE BOARD OF SUPERVISORS.

UM, IF, IF THAT ONE TWEAK THAT MR. ANDERSON TALKED ABOUT, UM, WITH WHETHER, UH, THE, THE DETAILED LANGUAGE OF WHETHER A LARGE TRACTOR TRAILER COULD COME IN AND MAKE A DELIVERY AND THEN LEAVE.

SO THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU, SARAH.

APPRECIATE YOUR COMMENTS AND YOUR SERVICE ON THE COMMITTEE.

UM, ANYBODY ELSE? WE'RE ALL CAN'T HEAR.

YOU'RE ALL YOU'RE ON MUTE NOW.

IS IT? THAT LOOKS LIKE IT'S IT.

WELL, THANK YOU, EARL.

APPRECIATE THAT.

AND, UM, I, WE DID JUST HAVE SOMEBODY RAISE THEIR HAND, SORRY.

MS. TUCKER, GO AHEAD, MS. TUCKER.

HELLO AGAIN, THIS IS DARCY TUCKER TWO 18 SEMINOLE ROAD WILLIAMSBURG.

UM, JUST A QUESTION, AND I KNOW YOU CAN'T ANSWER ME DIRECTLY, BUT MY QUESTION IS ABOUT GRANDFATHERING BUSINESSES THAT ALREADY EXIST, THAT, UM, MAY BE OUTSIDE THE PARAMETERS OF THESE NEW REGULATIONS OF BUSINESSES, FOR EXAMPLE, THAT HAVE MORE THAN FOUR PEOPLE ON SITE AND THAT KIND OF THING, BECAUSE THERE ARE SOME ALREADY IN RESIDENTIAL AREAS IN THE COUNTY.

HMM.

UH, WHO YOU EARLY? YOU WANT TO TAKE THAT QUESTION? UM, SURE.

SO, UM, USES THAT ARE IN EXISTENCE PRIOR TO A CHANGE, UH, WILL REMAIN.

UM, IF THEY HAVE THAT MANY EMPLOYEES RIGHT NOW, THEY HAVE A SPECIAL USE PERMIT.

UM, IF THEY, IF THEY DON'T, BUT THEY FALL WITHIN THE PARAMETERS OF THE, UM, BY RIGHT USE, THEN I GUESS THEY WOULD BE ALLOWED TO CONTINUE.

UM, MAYBE I'M NOT SURE IF THEY WERE OPERATING ILLEGALLY OR, UM, OR WHAT, LET ME SEE IF THAT ANSWERED YOUR QUESTION.

LET ME BRING YOU BACK IN MS. TUCKER, DID THAT ANSWER YOUR QUESTION? I SUPPOSE.

SO I DON'T KNOW.

I DON'T HAVE ANY SPECIFIC BUSINESS IN MIND, BUT I LIVE IN ONE OF THE MORE RURAL PARTS OF THE COUNTY.

AND I KNOW THAT THERE ARE, FOR EXAMPLE, THERE IS A TOW TRUCK COMPANY ON, ON MY ROAD.

THERE'S A, UM, A S A SMALL LANDSCAPE KIND OF BUSINESS.

AND SO I I'M CERTAIN THAT THERE ARE PLACES WITHIN THE COUNTY WHERE PEOPLE IN THE MORE RURAL PARTS WHERE PEOPLE DO HAVE BUSINESSES THAT PERHAPS HAVE MORE THAN FOUR PEOPLE ON SITE, THE LANDSCAPE COMPANY THAT I'VE BEEN I'M THINKING OF, SOMETIMES WE'LL HAVE TWO OR THREE IN NON COVID TIMES, TWO OR THREE CARS WITH CUSTOMERS THAT ARRIVE AT THE SAME TIME.

PLUS THEY HAVE SEVERAL PEOPLE WORKING THE SITE.

SO THAT WOULD CLEARLY BE OUTSIDE OF THIS FOUR PEOPLE ON SITE AT A TIME, BUT IT'S A LARGE PIECE OF PROPERTY, AND IT'S A BUSINESS THAT'S BEEN GOING FOR A NUMBER OF YEARS NOW, SO, RIGHT.

SO THEY MIGHT, YOU KNOW, IF THEY'VE BEEN IN EXISTENCE FOR A WHILE, THEN MORE THAN LIKELY, YOU KNOW, GRANDFATHERED IN.

UM, BUT THIS, THAT THIS ORDINANCE MIGHT ACTUALLY HELP THEM, UM, AND THAT THEY MIGHT BE MORE PERMITTED BY RIGHT NOW.

UM, AND I THINK THAT WAS ONE OF THE THINGS THAT THE CHAMBER HAD CONCERNS ABOUT WAS THAT THERE ARE BUSINESSES OPERATING OUT THERE IN THE COUNTY THAT, THAT AREN'T PART OF THE YORK COUNTY BUSINESS LICENSE SYSTEM AND, UM, YOU KNOW, TAXATION AND THINGS OF THAT NATURE.

AND SO THIS, BECAUSE THEY DON'T WANT TO GO THROUGH THE SPECIAL USE PERMIT PROCESS, I BELIEVE THAT'S WHAT THE LETTER WAS SAYING.

SO THIS, THIS SYSTEM, THIS NEW, THESE PROPOSED AMENDMENTS WOULD PROBABLY HELP THEM A LITTLE BIT MORE IN HOW THEY CAN BETTER, UM, YOU KNOW, COME INTO THE ACTUAL SYSTEM AND BE PART OF IT, RECEIVE SERVICES FROM ECONOMIC DEVELOPMENT AND SO FORTH, UM, THAT THEY COULD BENEFIT FROM.

SO HOPEFULLY, UM, THIS WILL HELP, YOU KNOW, THAT TYPE OF BUSINESS, UM, BE ABLE TO, YOU KNOW, RUN IN AN ILLEGAL WAY IF IT, IF IT'S, IF IT'S AN ILLEGAL OPERATION AND, YOU KNOW, THEY, THEY COULD ALWAYS GO THROUGH THE SPECIAL USE PERMIT PROCESS TO, TO, TO MAKE IT CORRECT.

ALRIGHT.

UM, ONE MORE, MR. KING.

CONCERNED ME AS A RESIDENT IS, UH, THE SEVEN DAYS A WEEK.

UM, MR. HOWELL, GO AHEAD AND UNMUTE YOURSELF.

HI, THIS SQUARE TOWEL ONE OH FOUR HORSESHOE DRIVE.

UM, AT FIRST, UH, UH, EARL AND FOR EVERYONE WHO WAS INVOLVED, UM, I APPLAUD THE EFFORT.

THIS IS A HUGE UNDERTAKING.

IT WAS A HUGE UNDERTAKING TO READ THROUGH IT ALL MARKED UP.

AND SO I APPRECIATE WHAT YOU HAD TO GO THROUGH.

UM, I JUST A COUPLE OF THINGS THOUGH, I WOULD LIKE TO, UM, UH, KIND OF ECHO SOME AUSTIN THAT WAS ISSUED.

UH, ONE OF THE THINGS THAT

[02:55:01]

AND, AND JUST THE IMPACT TO THE RESIDENTIAL FEEL OF A COMMUNITY WHEN, I MEAN, IT'S ONE THING PEOPLE COMING IN AND GOING INTO THE WAITLIST SUNDAYS AND TYPICALLY REQUITE DAY IN MOST NEIGHBORHOODS, I REALIZE THERE'S A LOT OF, UM, VERY RURAL AREAS AND MAYBE THAT'S NOT SUCH A BIG DEAL, BUT ONCE YOU GET TO THE MORE, UM, STANDARD NEIGHBORHOOD KIND OF FIELD, UM, THAT'S ONE THAT I'M, I'M WONDERING IF WE SHOULDN'T CONSIDER, UH, OPERATIONS THAT WOULD REQUIRE SEVEN DAYS A WEEK, I'D RESPECTFULLY PERMIT, UM, A THOUGHT FOR YOUR CONSIDERATION.

UH, ANOTHER THING THAT I SAW THAT I HEARD SOME DISCUSSION ABOUT THE NIGHT WAS, UM, THIS EXPANDED, VISIBLE FOOTPRINT, AND WE TALKED ABOUT FENCING AND WE'VE TALKED ABOUT THINGS LIKE THAT, OPEN STORAGE VEHICLE PARK, UH, IN AREAS.

UH, AND SO, BUT THE LARGER VEHICLES WE'VE TALKED ABOUT THOSE EIGHT BRIDGES OF FIVE ACRES, BUT WHEN YOU'RE TALKING ABOUT LOTS OF AN ACRE ONE, RIGHT BESIDE EACH OTHER, OR I HAVE PAPER AND YOU START TALKING ABOUT THREE, FOUR VEHICLES, UM, UH, THAT ARE NOW, YOU KNOW, BUSINESS VEHICLES THAT ARE GOING TO NEED TO BE PARKED AND LUPE SAID OFF ROAD, BUT THEY'RE ALL STACKED UP IN FRONT OF THE HOUSE.

CIRCLE CHANGES THE, THE VISUAL CUES OF THE NEIGHBORHOOD, UH, IF, IF THEY STARTED TO BECOME MORE THAN ONE OR TWO.

SO JUST A CONSIDERATION.

UM, ONE OF THE THINGS THAT WE TALKED ABOUT LIGHTLY TONIGHT, WELL, SO WITH, TO SOME EXTENT IS ENFORCEMENT, AND I APPRECIATE WHAT IT'D BE DONE BY THE CODE ENFORCEMENT FOLKS.

UH, BUT IT'S, IT'S VERY REACTIONARY.

UM, AND, AND IT, IT GIVES A LITTLE CONCERN.

AND THEN THERE'S THE CONCERN ABOUT HOW TO GROW THAT WHEN WE DON'T REALLY ENFORCE PENALTIES, ARE THERE PENALTIES AND FINES FOR WHEN PEOPLE BLATANTLY BREAK THE RULES? AND IF THERE ARE, UH, WHAT ARE WE DOING TO ENFORCE THOSE, TO PAY FOR YOUR, UH, FORKLIFT CAPABILITIES? SO THOSE ARE KIND OF CONCERNS THAT I THROW BEFORE.

UH, YOU FOLKS TO TAKE INTO CONSIDERATION IS DEGENERATION THAT BURDEN, VERBIAGE NEEDS TO BE CHANGED OR EDITED OR GO FORWARD WHEN I APPRECIATE YOUR KIND OF CONSIDERATION AND FOR ALL YOU DO.

THANK YOU, MR. HAL, UM, EARL, ANYBODY ELSE? NOPE, THAT WAS THE LAST PERSON.

UM, THEN WE'LL CLOSE THE PUBLIC HEARING AND, UH, ENTERTAIN ANY COMMENTS FROM COMMISSIONERS IF THERE ARE ANY, YES.

I GOT A COUPLE OF COMMENTS, ONE, UM, NORBERT.

I WANT TO REMIND PEOPLE THAT, YOU KNOW, I, I RAN A CONSTRUCTION BUSINESS OUT OF MY 12 ACRES IN THE COUNTY FOR 30 YEARS WITHOUT A SINGLE COMPLAINT.

AND I HAD LARGE TRUCKS COME AND MAKE DELIVERIES HERE.

SO I'M NOT AGAINST THE LARGE TRUCKS IN CERTAIN SITUATIONS, BUT I THINK IF SOMEBODY IN RUNNING MAN, A COMMUNITY NEXT DOOR DECIDED TO START SELLING MUD FLAPS OUT OF HIS HOUSE AND HAD 18 WHEELERS DROPPING BY EVERY DAY TO PICK THEM UP, IT WOULD BE PERFECTLY LEGAL ACCORDING TO THIS, THESE CHANGES.

AND I THINK THE NEIGHBORS WOULD COMPLAIN.

MY CONCERN IS WHEN SOMETHING LIKE THAT HAPPENS, WHAT MECHANISMS DO WE HAVE? IT COULD, AFTER 10 OR 20 COMPLAINTS COME IN, THAT WE THEN CAN REQUIRE THEM TO GET A SPECIAL USE PERMIT.

THAT'S THAT'S MY CONCERN.

GOOD QUESTION.

EARL STAFF.

SO I THINK, UM, I THINK WE COULD PROBABLY CHANGE THE WORDING ON, UM, PAGE EIGHT OF THE RESOLUTION, UM, CHANGE THE WORD FROM TWO ON, SO IF IT'S OPERATED ON THE PROPERTY, UM, THAT WOULD GIVE US THE OPPORTUNITY TO SAY THE TRUCKING IS PROBLEMATIC.

UM, BUT I'M NOT OPPOSED TO THAT.

I MEAN, THAT, THAT LANGUAGE CHANGE DOESN'T SOLVE THE PROBLEM IT DOES BECAUSE IT REQUIRES A SPECIAL USE PERMIT IN THAT SITUATION.

IT DOESN'T REQUIRE A SPECIAL USE PERMIT IN THE, UH, I'M SELLING MUDFLAPS OUT OF MY HOUSE SITUATION.

WELL, THAT MEANS I DON'T HAVE A BIG TRUCK AT MY HOUSE, BUT THAT'S ALL, ALL THAT'S COMING THERE TO BUY THEM.

COME TO MY CONSTRUCTION COMPANY AND DROP STUFF OFF.

BUT WHEN THOSE TRUCKS COME, THEY WOULD BE OPERATING FROM, ARE ON THE PROPERTY.

NO, THEY'D BE ON THE STREET.

WELL, YES, BECAUSE THE TENANTS ARE, THE CUSTOMERS ARE SUPPOSED TO HAVE PARKING ON THE, ON THE PROPERTY, SO IT WOULD REQUIRE THEM.

SO I THINK IT WOULD MAKE THAT WORDING CHANGE THAT WOULD HELP WITH THAT SITUATION, BUT IT MAY HELP WITH THAT SITUATION IN THAT END, BUT I WANT THOSE LARGE TRUCKS TO

[03:00:01]

AND YOU COULD, IF YOU, IF YOU GOT THE SPECIAL USE PERMIT FOR IT, IT WOULD JUST REQUIRE IT.

AND, YOU KNOW, YOURS WOULD BE A PRO PROBABLY, YOU KNOW, A SLAM DUNK.

I DON'T WANT TO SAY THAT, BUT I MEAN, A SLAM DUNK ON IT BECAUSE YOU GOT 12 ACRES AND, YOU KNOW, THESE TRUCKS COMING IN AND OUT WOULDN'T NECESSARILY BE PROBLEMATIC.

AND SO YOU AS A PROPERTY OWNER COULD, UH, GO THROUGH THE SPECIAL USE PERMIT PROCESS AND, AND BE ALLOWED TO HAVE THOSE TRUCKS COMING ON A DAILY BASIS.

THAT IS THAT I UNDERSTAND IT.

AND IT'S, IT'S A GOOD EFFORT TO TRY TO GET THERE.

I'M JUST, I DON'T SEE A MECHANISM IN THIS ANYWHERE THAT IF THERE WAS SOMETHING WE HAVEN'T THOUGHT OF THAT BECOMES AN ISSUE, HOW DO YOU STOP? WELL, I MEAN, IT'S THE SAME WITH ANY KIND OF ZONING ORDINANCE CHANGES.

LIKE WHAT MR. KING SAID EARLIER IS JUST, YOU KNOW, WE'VE GOT TO TRY SOMETHING, YOU KNOW, WE'VE GOTTEN A LOT OF, UH, YOU KNOW, PUSH FROM THE BUSINESS COMMUNITY TO TRY TO OUT HOME-BASED BUSINESSES.

SO WE PROPOSE THESE CHANGES.

SO IF WE, IF WE IMPLEMENT THEM, THEN WE KIND OF GET A CHANCE TO KIND OF SEE HOW THINGS ARE WORKING.

UM, YOU KNOW, IT'S WITH ANY, ANY KIND OF CHANGE TO THE ZONING ORDINANCE, YOU, YOU DO IT.

AND THEN YOU SEE WHAT HAPPENS AND IF WE NEED TO MAKE ADJUSTMENTS, THEN WE DO.

I MEAN, I REMEMBER WHEN I FIRST CAME TO THE COUNTY, WE HAD ACCESSORY APARTMENTS WHERE LIKE THE THING OF GOING ON ALL THE TIME, YOU KNOW, EVERY OTHER MONTH WE HAD AN ACCESSORY APARTMENT COMING THROUGH, GOING TO THE PLANNING COMMISSION, THE BOARD OF SUPERVISORS.

AND THEN WE JUST, WE MADE A FEW TWEAKS TO THE ORDINANCE TO KIND OF HELP ALLEVIATE SOME OF THOSE CONSTANT THINGS THAT WERE, YOU KNOW, NO CONCERN TO CITIZENS AT ALL.

UM, AND THAT'S KIND OF WHAT WE'VE SEEN WITH THE HOME OCCUPATIONS, YOU KNOW, THEY'RE COMING THROUGH, WE DON'T SEE AS MANY CONCERNS WITH THEM.

SO, I MEAN, I THINK WE'D MAKE THE CHANGE AND THEN IT BECOMES PROBLEMATIC.

THEN WE CAN, YOU KNOW, KIND OF REVERSE AND GO BACK AND ADDRESS IT AT THAT TIME.

THE ZONING ORDINANCE IS A LIVING DOCUMENT AS WITH ANYTHING.

AND THAT'S WHY THE CAPABILITY IT'S, YOU KNOW, THE BOARD HAS THE CAPABILITY TO MAKE THOSE LEGISLATIVE CHANGES TO IT.

SO IT'S NOT A PERFECT SYSTEM, BUT WE TRY OUR BEST TO, TO ADDRESS ALL THESE CONCERNS AS THEY COME FORWARD.

AND I CERTAINLY HAVE BEEN SUPPORTIVE OF THIS, AND I THINK IT'S A MONUMENTAL EFFORT THAT'S GOTTEN AS, YOU KNOW, CHAIRMAN KING.

IT SAID WE'RE, WE'RE 90, 90% THERE.

I THINK IT'S GOOD.

AND, UM, I WOULD SUPPORT THE ONE WORD CHANGE YOU WERE TALKING ABOUT.

UM, ANY OTHER COMMENTS? UH, YEAH.

UM, MR. JOHNS.

I, I I'M CERTAINLY AM FOR THE EXPANSION OF OPPORTUNITIES FOR HOME-BASED BUSINESSES.

I GET THE, WHAT THEY CALL THE GIG ECONOMY AND MORE PEOPLE WANTING TO DO THAT.

THE ONLY THING THAT I FEEL VERY STRONGLY ABOUT IS THE SEVEN DAY A WEEK.

IT'S ALMOST LIKE WE'RE TRYING TO BE EVERYTHING TO EVERYBODY AND IT'S NOT POSSIBLE.

UM, BUT THE ONLY ONE, YOU KNOW, AND I'M NOT A PASTOR OF A CHURCH OR ANYTHING LIKE THAT, I JUST FEEL THAT THAT'S, THAT'S THE ONE DAY THAT, UH, AND I CAN'T IMAGINE HOW MANY PEOPLE ARE GOING TO GO OUT OF BUSINESS OR WHO WOULD BE SO SEVERELY IMPACTED BECAUSE OF THIS ONE DAY.

AND THAT'S STILL WHAT I FEEL VERY STRONGLY ABOUT THE REST.

I KNOW LET'S GIVE IT A SHOT AND SEE WHAT HAPPENS.

WE CAN ALWAYS MAKE YOUR ADJUSTMENTS.

UM, IF SOMEONE DID WANT TO OPERATE ON SUNDAY, THEY COULD JUST GET A SPECIAL USE PERMIT AND THEN THEY'D BE OKAY.

SO ANYBODY ELSE FEEL THAT WAY ABOUT SUNDAYS BESIDES ME, I DISAGREE.

UH, I BELIEVE THAT THE, WHAT THE COMMISSION HAS DONE IS THE PROPER WAY TO GO, BECAUSE THERE ARE SOME HOME OWNED BUSINESSES THAT ONLY OPERATE ON THE WEEKEND.

SO WHAT YOU'RE DOING IS BY SAYING, NO, YOU CAN'T OPERATE ON, WILL PREVENT THESE HOME OWNED BUSINESSES FROM DOING WHAT THEY NEED TO DO.

SO I DON'T SEE ANY PROBLEM WITH THAT.

THAT WAS THE OLD WAY OF DOING THINGS, THE BLUE LAW, WHICH I GREW UP WITH IN PENNSYLVANIA, THOSE HAVE BEEN GIVEN AWAY.

THOSE ARE NO LONGER IN EXISTENCE.

SO, UM, ARE IT KIND OF ME STILL OPERATES ON SUNDAY? YEAH.

THAT'S ALMOST LIKE SAYING, YOU KNOW, UH, SOMEONE WANTS TO OPERATE BEFORE EIGHT OR AFTER 8:00 PM AND THAT'S THE OLD WAY OF DOING IT.

WE ALL HAVE 24 HOURS BECAUSE OPPORTUNITY TO DO BUSINESS OR SEVEN DAYS A WEEK AND 24 SEVEN.

AND THAT'S IN RESIDENTIAL COMMUNITIES.

I CAN PLAY THE DEVIL'S ADVOCATE ON THAT ARGUMENT THAT YOU PRESENTED, BUT ANYHOW, THAT'S YOUR OPINION? UH, APPRECIATING BOTH THE OPINIONS FOR A MINUTE.

[03:05:01]

I'M JUST MAKING SURE THAT THEY COULD STILL BE IN BUSINESS AND OPERA.

THE ISSUE THIS BE BY RIGHT.

THE SUNDAYS WOULD BE BY, RIGHT.

IS THAT CORRECT? RIGHT.

THE CURRENT ORDINANCE, THE PROPOSED CHANGES WOULD MAKE, IT WOULD ELIMINATE THE DAYS OF THE WEEK.

SO IF YOU WANTED TO INCLUDE IT, YOU WOULD JUST WANT TO STRIKE THAT CHANGE.

AND THEN IF IT'S IT'S IN THE GENERAL REQUIREMENTS THAT THEY WANTED TO GO ABOVE AND BEYOND, AND AS IF THEY WANTED TO OPERATE ON SUNDAY, THEY COULD GET A SPECIAL USE PERMIT.

I'M OKAY.

IF THEY HAVE TO GET A SPECIAL USE PERMIT, THAT'S IT? WELL, I THINK IT IS.

THEY DON'T HAVE TO GET ONE, RIGHT.

EARL, I'M SORRY.

SAY THAT AGAIN.

MR. OKAY.

AS WRITTEN IT'S EIGHT TO 8:00 AM TO 8:00 PM.

UH, SEVEN DAYS A WEEK, THEY DON'T HAVE TO GET A SPECIAL USE PERMIT AS IT IS CURRENTLY WRITTEN CHANGED.

THE PROPOSED AMENDMENT STRUCK THE DAYS OF THE WEEK.

SO THOSE WOULD NOT AT ALL THAT DISCUSSION WAS ABOUT, YOU KNOW, SUNDAY.

I'D LIKE MY SUNDAYS.

I LIKE THEM TO BE QUIET, BUT THERE'S NO REAL REASON WHY IT'S SUNDAY.

WHY ISN'T IT WEDNESDAY? YOU KNOW, WHY ISN'T IT? SIX DAYS A WEEK WITH WEDNESDAY BEING OFF.

THERE'S SO MANY PEOPLE NOW THAT ARE NOT WORKING, UH, MONDAY THROUGH FRIDAY AND HAVE THE WEEKENDS OFF THEY'RE WORKING TUESDAYS THROUGH, THROUGH SATURDAYS OR SUNDAYS THROUGH THURSDAYS OR SOMETHING OTHER, YOU KNOW, ROTATING TYPE OF WORK THAT A TRUE WEEKEND FOR A LOT OF PEOPLE IS NOT THERE ANYMORE.

SO IT TH THE, THE, UH, UH, COMMENT SUNDAY, UH, TO REGROUP AND, AND REST AND REGROUP IS NOT THERE FOR A LARGE PORTION OF OUR, OF OUR POPULATION.

THAT'S THE REASON I DIDN'T, I, I W WENT FOR THIS CHANGE IN SEVEN DAYS A WEEK, JUST BECAUSE THERE WAS NO REAL REASON TO PICK SUNDAYS AS THE SEVENTH DAY AND NOT SOME OTHER DAY OF THE WEEK, IF YOU WANTED TO LIMIT IT TO SIX DAYS A WEEK, THAT'S ALL, ALL GOOD COMMENTS FROM EVERYBODY.

UH, MR. PETERMAN, I'M OLD ENOUGH.

WE HAVE BLUE LAWS HERE TOO IN VIRGINIA, AND THEY WERE ABSOLUTELY RIDICULOUS.

I MEAN, YOU COULD BUY SOMETHING, YOU COULD BUY A CAMERA, BUT YOU COULDN'T BUY A FILM FOR IT.

I MEAN, IT WAS, IT WAS ABOUT AS DUMB AS IT COULD GET.

AND I DON'T KNOW WHERE, HOW WE MANAGED TO, UH, SURVIVE UNDER THOSE CONDITIONS.

AND THANK GOD THEY GOT RID OF HIM.

UH, I LIKE A DAY OF REST TOO, BUT I I'M LEANING TOWARDS WHAT I'M HEAR FROM OTHERS TIMES HAVE CHANGED.

AND, UH, I THINK IF WE'RE NOT HAPPY WITH WHAT GOES ON ON SUNDAYS, THEN, YOU KNOW, EVERY DAY SHOULD HAVE THE SAME RESTRICTIONS, RIGHT.

IF WE'RE GOING TO HAVE RESTRICTIONS ON MONDAY THROUGH SATURDAY AND THEY SHOULD BE GOOD ENOUGH FOR SUNDAY AS WELL, IF WE DON'T LIKE IT ON SUNDAY, THEN WE SHOULDN'T LIKE IT ON MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY.

SO CAN WE ASK CHICK-FILET IT OPEN ON SUNDAY? YEAH.

WELL, THAT'S THEIR DECISION WE COULD, BUT THEY'RE A PRIVATE COMPANY AND THAT'S THEIR OWN BUSINESS.

UH, YOU KNOW, YEAH.

I KNOW THEY'RE DOING WELL.

ONE SEVENTH OF THEIR PROFITS IS, UH, UH, OUT THE WINDOW ON SUNDAY, BUT THEY'RE SOMEHOW THEY MANAGED TO DO WELL.

UNFORTUNATELY AS A COUNTY AND A PUBLIC ENTITY, WE DON'T HAVE THOSE OPTIONS AND WE'VE GOT ALLOW EVERYONE TO, UH, OPERATE AS THEY SEE FIT.

I'M IN FAVOR OF THE SEVEN DAYS.

UM, YOU KNOW, I THINK AT A TIME, IF THERE, ESPECIALLY IF IT USE PERMITS, REQUIRE WE PUT SOME RESTRICTIONS ON IT.

I THINK THE STAFF HAS DONE A GREAT JOB.

I'M STILL GOING BACK TO WHAT I SAID EARLIER, AS WE MOVE FORWARD, WE FIND SOME KINKS IN IT.

YOU GO BACK, WE MAKE A COUPLE CHANGES.

UH, WE HAVE TO START LIKE MR. ANDERSON SAID, WE GOT TO START SOMEWHERE.

WE GET 80, 90% OF IT.

LET'S GO, WELL, WE HAVE NOW IS NOT EFFECTIVE.

THAT'S WHAT I KNOW.

ELSE, HAVE ANY HARD FEELINGS ABOUT WHAT THEY'VE HEARD TONIGHT HERE.

SO DOING NOTHING TO ME IS NOT AN OPTION.

AND I DON'T THINK ANYBODY'S THERE.

AND I THINK MONTE'S MADE SOME GOOD COMMENTS ABOUT THE TOWING.

AND, AND, AND, AND I RESPECT YOUR COMMENTS ABOUT SUNDAY AS WELL.

MR. JOHNSON, UH, I THINK WE OUGHT TO GIVE STAFF AND THE, AND, AND THE COMMITTEE AND EFFORT TO LET THIS PLAY OUT A LITTLE BIT.

AND IF WE SEE SOME, WE SEE SOME PROBLEMS, WE WILL ADJUST FIRE AS WE SEE IT AS WE MOVE DOWN THE ROAD.

SO I'M IN FAVOR OF IT, UH, WITH THE CHANGE I HEARD FROM, UM, MR. ANDERSON, UH, CHANGE FROM, FROM TWO ON TO SATISFY MR. CRINER'S COMMENTS AND, UM, THE DISCUSSIONS TO OPEN ANYBODY

[03:10:01]

WE'RE NOT, I'LL, I'LL ENTERTAIN A MOTION IF, UH, SOMEBODY CAN, MR. CRINER, CAN YOU, UH, ARTICULATE WHAT YOU OH, CERTAINLY.

I'D LIKE TO, UM, YOU KNOW, MOVE RESOLUTION, UH, PC 21 DASH THREE FOUR TO THE, UH, BOARD OF SUPERVISORS WITH THE SINGLE CHANGE OF THE ONE WORD, UM, FROM TWO ON, ON, AND, UM, OKAY.

THE MOTION BY MR. CRINER IS TO ADOPT RESOLUTION PC 21 DASH THREE, AS AMENDED TO RECOMMEND THE APPROVAL TO AMEND THE HOME OCCUPATION REGULATIONS OF THE YORK COUNTY CODE.

MR. STARK, MR. PETERMAN.

MR. CRINER, MR. KING.

YES, THE MOTION PASSES SEVEN TO ZERO.

UH, MR. CROSS, I TAKE IT.

THIS IS FEBRUARY THE 16TH AS WELL OR NOT.

WELL, I'M NOT, I'M NOT GOING TO SWEAR TO THAT.

GIVEN THAT WE'VE TAKEN US THREE HOURS TO GET THROUGH THESE THREE CASES, I'M NOT SURE IF WE'RE GOING TO BE ABLE TO LOAD THE BOARD AGENDA AND WE'LL BE SURE TO PASS THREE OF THEM.

THAT'LL BE, THAT'LL BE SOMETHING FOR THE COUNTY ADMINISTRATOR AND THE BOARD CHAIRMAN TO DETERMINE, PLEASE BE SURE TO PASS YOUR COMMENTS ON TO THE BOARD OF SUPERVISORS ON THE TOW TRUCK AND THE DAYS OF THE WEEK AND THINGS OF THAT NATURE, YOUR CONCERNS ON THAT.

SO WE'LL MAKE SURE THAT GETS IN THE MEMORANDUM.

STAFF REPORTS, RECENT ACTIONS BY THE BOARD OF SUPERVISORS, MR. CROSS, YES OR NO BOARD ACTIONS TO REPORT.

AND SO, YEAH, I IMAGINE THIS IS GOING TO TAKE SOME TIME, SO YOU'VE GOTTA BE CAREFUL WHERE THE, WHERE THIS IS SCHEDULED, BECAUSE IT'S GOING TO GENERATE A LOT OF COMMENTS, UH, FROM A LOT OF PEOPLE I IMAGINE.

UM, WELL, LET'S, LET'S, LET'S MOVE ON.

UH, IS THERE ANY OLD BILLS HEARING NONE UNDER NEW BUSINESS? UH, I DID HAVE SOME NEW BUSINESS I WANT TO PROPOSE, BUT, UH, CONSCIENTIOUS OF YOUR TIME TONIGHT, I'M GOING TO BRING IT UP, UH, IN OUR FEBRUARY MEETING.

SO I'M GONNA PUT THAT ON HOLD.

SO, UH, KIND OF EVERYBODY A BREAK THERE, CAUSE I GOT A FEELING THAT'S GOING TO GENERATE SOME DISC, UH, SOME DISCUSSION.

IT'S GOING TO TAKE US SOME TIME WITH THAT.

IS THERE ANY OTHER NEW BUSINESS FROM SOMEONE ELSE HERE IN NON, UH,

[9. Staff Reports/Recent Actions by the Board of Supervisors]

THERE WERE NO LAND USE CASES ON THE DECEMBER BOARD AGENDA.

NEXT WEEK, THE BOARD WILL TAKE UP THE APPLICATIONS FROM Y'ALL'S, UH, UH, DECEMBER MEETING.

AND THAT WOULD BE THE MACHINE SHOP AND THE FORMER FARM FRESH BUILDING ON MERRIMACK TRAIL AND THE ESTHETICIANS STUDIO AS A HOME OCCUPATION.

AND WHITAKER'S MILL, UH, THAT'S UH, UH, JANUARY 19TH ON YOUR AGENDA FOR FEBRUARY 10TH, WE HAVE TWO APPLICATIONS.

ONE IS A REZONING TO 1.6 ACRES ON THE NORTH SIDE OF HAMPTON HIGHWAY DIRECTLY ACROSS THE STREET FROM THE BELMONT APARTMENTS.

THAT'S A REZONING FROM OUR 22 GB GENERAL BUSINESS.

UH, THEY HAVEN'T EXPRESSED THEIR INTENDED USE AS A DOLLAR GENERAL STORE.

HMM HMM.

THE, UH, SECOND APPLICATION FOR THE FEBRUARY AGENDA IS, UH, A FIREARM SALES, UH, HOME OCCUPATION IN THE GAMES OF STATE SUBDIVISION IS MR. ANDERSON INDICATED THIS, THIS WOULD STILL BE REQUIRED, A SPECIAL USE PERMIT IF THE, UH, IF THE HOME OCCUPATION, UH, AMENDMENTS ARE APPROVED AS PASSED.

SO THAT REQUIREMENT, UH, FOR USE DEPARTMENT FOR FIREARM SALES WOULD NOT GO AWAY.

AND IF YOU'RE WONDERING ABOUT THE FENTON MILL APPLICATION THAT YOU ALL CONSIDERED BACK IN NOVEMBER, UH, WE ARE RIGHT NOW TENTATIVELY AIMING FOR THE MARCH 16TH BOARD MEETING FOR THAT PUBLIC HEARING, TENTATIVELY MR. CROSS, ANY QUESTIONS OF MR. CROSS AND WHAT HE, WHAT HE REPORTED.

STAFF WILL HAVE IT UP THERE FOR YOU.

HEARING NONE.

UH, NUMBER

[10. Committee Reports]

10 IS A AGENDA ITEM.

NUMBER 10 IS COMMITTEE REPORTS, I'LL SAY FOR OUR COMP PLAN COMMITTEE THAT, UH, WE HAVE A DRAFT COPY OF OUR TRANSPORTATION ELEMENT.

UM, AND I BELIEVE THAT'S IS THAT ON OUR WEBSITE, MR. CROSS YET? UH, GOOD QUESTION.

IF NOT, WE'LL, WE'LL PUT IT UP THERE TOMORROW.

SO, SO IF, UH, COMMISSIONERS, IF YOU'RE INTERESTED IN REVIEWING THE DRAFT TRANSPORTATION ELEMENT AND, UM, GETTING STAFFS AND COMMENTS, UH, CHECK OUT THE WEBSITE, UH, THIS WEEKEND AND ON UNDERSTAND

[03:15:01]

SO, UM, UNDER, UH, ANY OTHER COMMITTEE REPORTS WANT TO TAKE THIS TIME TO, TO THANK MR. TITUS FOR HIS WORK ON THE, UH, HOME OCCUPATION? UH, GLEN APPRECIATE ALL THE HARD WORK.

I KNOW ALL THESE THINGS TAKE A LOT OF TIME AND, UH, YOU PUT A LOT OF EFFORT INTO IT LEADING THE GROUP AND, AND, UH, WE CAME UP WITH SOMETHING, OF COURSE, UH, MAYBE NOT PERFECTION, WHICH YOU CAN'T REACH, BUT, UH, I THINK WE GOT SOMETHING BETTER THAN WHAT WE HAD A LOT BETTER.

AND I WANT TO THANK YOU.

AND, UH, FOR THE WORK YOU PUT INTO THAT, UH, COMMISSION REPORTS AND REQUESTS.

HEARING NON, UH, WE'LL ADJOURN AND HAPPY NEW YEAR, EVERYBODY.