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[1. Call to Order]

[00:00:17]

GOOD.

HEY MAN.

LIKE THE CALL TO ORDER THE, UH, MAY 12TH, 2021, YOUR COUNTY PLANNING COMMISSION MEETING.

FIRST OF ALL, I'D LIKE, UH, MS. LINDEN BIGLER.

CAUSE YOU PLEASE CALL THE ROLL.

MR. JOHN'S PRESENT MR. TITUS.

MS. LETO, MR. KING HERE.

MR. CRINER, MR. STARK, MR. PETERMAN, MR. CHAIRMAN, YOU HAVE A CAR.

THANK YOU.

THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION.

THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE PLANNING ISSUES AFFECTING THE COUNTY.

THE RESPONSIBILITY IS EXERCISED THROUGH RECOMMENDATIONS, CONVEYED BY RESOLUTIONS OR OTHER OFFICIAL MEANS AND ALL MATTERS ARE A PUBLIC RECORD.

THE COMMISSION IS COMPRISED OF CITIZEN VOLUNTEERS APPOINTED BY THE BOARD, REPRESENTING EACH VOTING DISTRICT WITH TWO AT LARGE MEMBERS WITH THAT.

CAN WE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? OKAY.

[4. Approve Minutes – April 14, 2021]

OUR AGENDA ITEM NUMBER FOUR IS THE APPROVAL OF OUR MINUTES FROM OUR APRIL 14TH, 2021 MEETING.

ARE THERE ANY CHANGES IN MADMAN, ADDITIONS, CORRECTIONS TO THE MINUTES HEARING NONE.

I'LL ENTERTAIN A MOTION.

SO MOVED MOTION AND APPROVE THE MINUTES.

APRIL 14, 2021.

THIS LENS AND BIGLER, PLEASE CALL THE ROLL.

THE MOTION BY MR. TITUS IS TO ADOPT THE MINUTES OF THE REGULAR MEETING OF APRIL 14TH, 2021.

MR. JOHNS.

YES.

MR. TITUS.

YES.

MR. STERN.

MR. PETERMAN.

YES.

MR. KING.

YES, THE MOTION PASSES.

THANK YOU.

[5. Citizen Comments]

AGENDA ITEM NUMBER FIVE IS OUR CITIZEN COMMENT PERIOD.

THIS IS AN OPPORTUNITY FOR CITIZENS TO SPEAK TO THE COMMISSION FOR MATTERS THAT ARE NOT, I REPEAT NOT ON TONIGHT'S AGENDA.

IF YOU HAVE SOMETHING YOU'D LIKE TO TALK TO THE COMMISSION ABOUT OTHER THAN WHAT WE HAVE WITH US TONIGHT, THIS IS THE OPPORTUNITY.

DOES ANYBODY HERE WISH TO SPEAK TO THE COMMISSION? ALL RIGHT.

SEEING NONE.

WE'LL MOVE ON TO AGENDA ITEM NUMBER SIX, WHICH IS OUR PUBLIC HEARINGS.

AND

[Application No. PD-56-21, Triple Feature Associates]

OUR FIRST, UH, APPLICATION IS APPLICATION NUMBER PD DASH 56 DASH 21 TRIPLE FEATURE ASSOCIATES.

AND I GUESS MR. CROSS HAS YOUR APPLICATION WELCOME MEMBERS OF THE COMMISSION.

UH, THIS APPLICATION IS A REQUEST TO AMEND CONDITIONS OF APPROVAL FOR, UH, DEVELOPMENT ON 2.1 ACRE PARCEL LOCATED AT 8,001, GEORGE WASHINGTON MEMORIAL HIGHWAY ROUTE 17.

THE APPLICANT IS TRIPLE FEATURE ASSOCIATES, UH, WHICH OWNS THE PARTNERSHIP THAT OWNS THE PROPERTY.

THE SUBJECT PARCEL IS OUTLINED IN BLUE ON THE ZONING MAP HERE, IT'S SORT OF AN L SHAPED PARCEL LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF ROUTE 17 AND FORT EUSTIS BOULEVARD, ZONE PDR, PLANNED DEVELOPMENT, RESIDENTIAL.

MOST OF THE SURROUNDING PROPERTY IS ZONED GENERAL BUSINESS.

UM, AS I SAID, IT WAS A, IT'S A 2.1 ACRE PARCEL.

IT WAS JUST FOR ORIENTATION PURPOSES.

IT'S LOCATED BEHIND THE BOJANGLES AT THE INTERSECTION 17 AND ONE OF THE FIVE.

UM, AND IT BACKS UP TO THE YORKTOWN ARCH APARTMENT COMPLEX, UH, AS SHOWN ON THE, UH, VICINITY MAP HERE, YORKTON ARCH PLAN DEVELOPMENT WAS APPROVED BACK IN 2012.

UH, IT CONSISTED OF 92 MULTI-FAMILY UNITS, UH, AND ALSO A 15,000 SQUARE FOOT.

UH, I'M SORRY, 16,000 SQUARE FEET OF COMMERCIAL SLASH OFFICE SPACE.

THE APARTMENTS WERE COMPLETED, UH, FAIRLY QUICKLY ACTUALLY IN 2014.

UH, THE COMMERCIAL PARCEL, UH, HAS BEEN MARKETED FOR MANY YEARS, UH, BUT IT REMAINS VACANT

[00:05:03]

WHEN THE YORKTOWN ARCH PROJECT WAS APPROVED.

UH, IT WAS SUBJECT TO A SERIES OF CONDITIONS, FOUR OF WHICH DIRECT, UH, RELATE DIRECTLY TO THE COMMERCIAL PARCEL.

ONE IS CONFORMANCE WITH THE APPROVED MASTER PLAN.

ANOTHER CONDITION IS THAT THE COMMERCIAL BUILDING FACADES WOULD BE CONSISTENT WITH ARCO ARCHITECTURAL RENDERINGS THAT WERE SUBMITTED BY THE APPLICANT.

ANOTHER CONDITION WAS THAT THERE WOULD BE A MINIMUM OF 15,000 SQUARE FEET OF COMMERCIAL OFFICE FLOOR AREA.

AND, UH, THEN THE LAST CONDITION WAS THAT PERMITTED COMMERCIAL USES WOULD BE THOSE THAT ARE ALLOWED BY RIGHT OR BY USE PERMIT IN EITHER THE LIMITED BUSINESS WITH DAVID OR HER NEIGHBORHOOD BUSINESS ZONING DISTRICT PLUS, UH, FOR SPECIFIC USES THAT ARE ALLOWED IN GENERAL BUSINESS.

AND THOSE WOULD BE HOUSEHOLD FURNISHINGS, DRUG STORES, FURNITURE STORES, AND, UH, FAST FOOD RESTAURANTS.

IT'S THE, UH, TWO MIDDLE CONDITIONS, UH, THAT ARE THE SUBJECT OF TONIGHT'S APPLICATION.

UH, AS I INDICATED, THE APPLICANT HAS BEEN TRYING TO MARKET THE PROPERTY FOR YEARS WITHOUT SUCCESS.

UH, THEY FEEL THAT THEY ARE HINDERED BY THESE CONDITIONS SPECIFICALLY, UH, THE 15,000 SQUARE FOOT MINIMUM AND THE, UH, UH, ARCHITECTURAL REQUIREMENT.

UM, THE APPLICANT FEELS THAT, UH, UH, IT'S, IT'S, UH, THERE'S JUST NO COMMERCIAL USES FOR A PARCEL, A SINGLE PARCEL OF THIS CONFIGURATION AND, UH, THINKS A MORE PLAUSIBLE DEVELOPMENT SCENARIO WOULD BE SUBDIVIDED INTO TWO, POSSIBLY THREE PARCELS.

UM, AND, UH, THE 15,000 SQUARE FOOT, UH, LIMITATION MAKES IT, UH, KIND OF HARD TO DO THAT.

THIS IS A AERIAL VIEW AERIAL PHOTO OF THE PROPERTY, AS YOU CAN SEE, UH, HAS FRONTAGE ON BOTH FOUR USES BOULEVARD.

I GREW IN 17, IT BACKS UP TO THE APARTMENTS.

UH, IT'S A FAIRLY WELL VEGETATED.

UH, THE ACCESS TO THE PARCEL IS A LITTLE BIT CIRCUITOUS.

THERE'S NO DIRECT ACCESS TO EITHER ROUTE 17 OR FORT EUSTIS BOULEVARD.

UH, IF YOU'RE COMING DOWN FORT EUSTIS BOULEVARD, YOU HAVE TO, UH, TURN ONTO THIS SORT OF LIKE A, IT'S ALMOST LIKE A SERVICE ROAD.

IT'S A DRIVEWAY, UH, THAT, UH, PROVIDES ACCESS BOTH TO THE MULTIFAMILY DEVELOPMENT AND TO BOJANGLES.

UH, SO THERE WOULD BE, UH, UH, AN ENTRANCE BACK HERE TO THE COMMERCIAL PARCEL, UM, AND THEN COMING OFF 17, AGAIN, THERE'S NO DIRECT ACCESS TO THIS PARCEL.

UH, ONE WOULD HAVE TO USE EITHER THE BOJANGLES', UH, ENTRANCE, UH, OR, UH, COME OFF OF GENERAL'S WAY A LITTLE BIT TO THE SOUTH AND COME BACK AND, UH, ACCESS IT, UH, THIS WAY YOU CAN SEE THE, UH, CURB CUT, UH, IT'S BEEN PUT IN THERE TO, UH, SERVE AS A FUTURE ENTRANCE.

UH, WHENEVER THE PROPERTY IS DEVELOPED, THE, UH, SINCE THE PROPERTY IS A LONG ROUTE 17, ANY DEVELOPMENT, IT'S GOING TO BE SUBJECT TO OUR ROUTE 17 CORRIDOR OVERLAY, DISTRICT PROVISIONS, WHICH, UH, ADDRESS ARCHITECTURE AND DESIGN, UH, COLORS.

UH, THOSE KINDS OF, UH, FEATURES AND FORT EUSTIS BOULEVARD IS A GREENBELT ROAD, UH, WHICH MEANS IN THIS CASE, THERE'S REQUIREMENT THIRD PER 35 FOOT, UH, UNDERSTOOD OR UNDISTURBED GREENBELT BUFFER ALONG ROUTE ONE OH FIVE.

AND YOU CAN SEE THE EXISTING VEGETATION THERE, UH, BETWEEN, UH, THE DRIVEWAY AND FORT EUSTIS BOULEVARD, UM, RIGHT HERE.

SO THIS IS BASICALLY WHERE THE GREEN BELT BUFFER RUNS, UH, JUST A FEW PICTURES.

UH, THIS IS FROM THE SOUTHWEST CORNER OF THE PROPERTY.

UH, AND SO THIS WOULD BE, UH, ONE OF THE, UH, UH, THE ENTRANCE ROAD COMING OFF AT 17.

AND THEN THIS IS THE ROAD COMES THROUGH YORKTOWN ARCH, AND HERE'S A, ANOTHER VIEW LOOKING AT THE FORT USES BOULEVARD SIDE.

THE SUBJECT PROPERTY IS TO THE LEFT FORT EUSTIS BOULEVARD IS OVER HERE ON THE RIGHT, AND YOU CAN SEE YORKTOWN ARCH YOU'RE IN THE BACKGROUND AND THEN SORT OF A REVERSE ANGLE OF THE SAME, UH, PROPERTY LOOKING REALLY FROM THE NORTHWEST CORNER OF THE PROPERTY.

UH, THIS IS THE MASTER PLAN THAT WAS APPROVED BACK IN 2012.

UM, AND, UH, YOU CAN SEE HOW THE PROPERTY WAS, UH, INTENDED TO BE LAID OUT.

UM, YOU CAN SEE, UH,

[00:10:01]

THE SIGNAGE WOULD BE LIMITED TO THESE, UH, AREAS.

THE TWO FRONT IS, UH, THE COMMERCIAL PARCEL HERE IS OUTLINED IN RED, UM, STAFF.

OH, THIS IS, UH, UH, THIS IS THE ARCHITECTURAL RENDERING THAT WAS PROFFERED BY THE, UH, APPLICANT BACK IN 2012.

UH, AND HERE'S, UH, KIND OF A BROADER VIEW THAT GIVES YOU AN IDEA OF, OF WHAT THE, UH, PROPERTY DEVELOPMENT WAS INTENDED TO LOOK LIKE.

UH, KIND OF A COOL CONCEPT.

UH, THE IDEA WAS TO, UM, WAS TO HAVE SORT OF A UNIFORM ARCHITECTURAL DESIGN SCHEME FOR BOTH THE RESIDENTIAL AND THE COMMERCIAL TO SORT OF TIE THE TWO TOGETHER AND BY DOING SO, UH, UH, MADE FOR, UH, A NICE, UH, DEVELOPMENT, UH, CONCEPT.

IT WAS ALSO, UM, W IT ALSO MADE THE, THE, UH, PROJECT MORE CONSISTENT WITH THE COMPREHENSIVE PLAN DESIGNATION FOR THIS AREA, UH, WHICH WAS, UH, AT THE TIME BEFORE THE REZONING WAS GENERAL BUSINESS WITH A NEW MIXED USE OVERLAY DESIGNATION.

SO EVEN THOUGH THIS WAS NOT TECHNICALLY A MIXED USE DEVELOPMENT, IT WAS KIND OF CONSISTENT WITH THAT MIXED USE CONCEPT, UH, THAT THE COMP THE COMP PLAN LAYS OUT, UH, FOR THE INTERSECTION OF 17 AND ONE OH FIVE.

SO THAT WAS THE IDEA BEHIND IT.

UH, LIKE I SAID, A COOL CONCEPT, BUT NOT SURE HOW REALISTIC IT WAS.

UM, AND AS YOU, AS YOU SAW, UH, THERE ARE SOME, SEVERAL DEVELOPMENT CONSTRAINTS FOR THIS PROPERTY.

THE ACCESS CIRCULATION IS KIND OF INDIRECT AND CIRCUITOUS VISIBILITY IS LIMITED FROM, FOR USES.

YOU'VE GOT THE 35 FOOT BUFFER THAT KIND OF HIDES THE PROPERTY.

AND THEN ON THE OTHER SIDE, OF COURSE, IT'S LOCATED BEHIND BOJANGLES.

SO IT'S, UH, VIEWS ARE KIND OF OBSCURED THERE.

SO, UH, IT'S GOT A FEW CHALLENGES, UH, EVEN WITHOUT THE CONDITIONS FROM 2012.

UH, WHEN YOU ADD IN THE, UH, THE REQUIREMENT FOR YOUR DESIGN RENDERINGS AND THE, UH, 15,000 A SQUARE FOOT MINIMUM, UH, IT REALLY MAKES IT MUCH HARDER, ESPECIALLY IN A WEAK COMMERCIAL REAL ESTATE MARKET, WHICH WE'VE TALKED ABOUT FOR, UH, PROBABLY YEARS NOW, UH, NOT JUST HERE, BUT, UH, UH, NATIONWIDE AND, UH, WOULD ALSO ADD THAT, UH, YORKTOWN CRESCENT, MIXED USE DEVELOPMENT BEING BUILT ACROSS ROUTE 17 IS REQUIRED TO, UH, TO HAVE A MINIMUM OF 31,000 SQUARE FEET OF COMMERCIAL SPACE.

SO, UH, IN THIS MARKET, UH, IF IT'S GOING TO BE HARD, IT'S GOING TO BE HARD TO, UH, UH, COME UP WITH 46,000 SQUARE FEET, UH, OF COMMERCIAL REAL ESTATE, UH, UH, BASICALLY THE SAME LOCATION.

I MENTIONED THE GREENBELT AND THE ROUTE 17 ARCHITECTURAL DESIGN STANDARDS.

AND THOSE WILL ENSURE, UH, THAT THERE WERE, UH, WHAT IS, UH, EVERYBODY'S SOME ARCHITECTURAL CONTROLS TO ENSURE THAT WHATEVER DOES EVENTUALLY GET BUILT THERE WILL BE ATTRACTIVE.

SO WE FEEL THAT THIS IS A REASONABLE REQUEST, UH, AND TO, TO GET THIS, UH, GET THIS PROPERTY DEVELOPED.

AND SO WE RECOMMEND APPROVAL, UH, UH, THROUGH THE ADOPTION OF RESOLUTIONS PC 21 DASH NINE, MR. MIKE MOSS STELLAR IS HERE, UH, ONE OF THE PARTNERS IN TRIPLE FEATURE ASSOCIATES, UH, AND IS HERE TO SPEAK ON THEIR BEHALF.

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

ALL RIGHT.

THANK YOU, MR. CROSS, APPRECIATE TO THE PRESENTATION, UM, ANY QUESTIONS FROM OUR COMMISSIONERS OF, UH, MR. CROSS? YES.

MR. JOHNSON, MR. CROSS, WILL THIS ADJUSTMENT, UM, HAVE ANY IMPACT ON THE USERS BY RIGHTS, SUCH AS, UM, YOU KNOW, GENERAL BUSINESS HOUSEHOLD FURNISHINGS, FURNITURE, DRUGSTORE, AND RESTAURANTS IN TERMS OF THE TITLE, THOSE, THOSE, UH, THAT CONDITION IS NOT PROPOSED TO BE CHANGED.

OKAY.

SO THAT REDUCTION WOULD NOT NEGATE THAT AT ALL? NO.

OKAY.

ALL RIGHT.

DO WE OKAY? EXCUSE ME.

SO, DO WE KNOW WHAT THIS REDUCTION, WHAT DOES THE SQUARE FOOTAGE STAY THE SAME? WHAT WOULD IT BE? THE SQUARE FOOTAGE OF THIS AS A RESULT OF HIM SUBDIVIDING THEM INTO SMALLER LOTS? UH, THERE WOULD BE, NO, THERE WOULD BE NO MINIMUM.

THERE WOULD BE NO, UH, ABSOLUTELY JUST TAKES AWAY.

IT'S

[00:15:01]

JUST WHATEVER THE MARKET WILL BEAR AND WHAT, UH, WHATEVER, YOU KNOW, WHATEVER CLIENTS, WHATEVER PROSPECTS, UH, THE APPLICANT IS ABLE TO LINE UP, UH, WHETHER IT'S TWO YOU THREE PARCELS, UM, I WOULD SAY, UH, THAT THERE'S NOTHING MAGICAL ABOUT THE 15,000 SQUARE FOOT NUMBER.

IT'S NOT SOMETHING THAT THE COUNTY CAME UP WITH.

IT'S NOT SOMETHING THAT, UH, WE EVEN SUGGESTED.

IT WAS REALLY SOMETHING THAT THE APPLICANT INCLUDED IN THE APPLICATION OF THE PROFFER.

AND SO, IN FACT, IF THIS HAD BEEN A MIXED USE DEVELOPMENT, UH, THE GUIDELINES WOULD ONLY WOULD ONLY REQUIRE, HAVE REQUIRED 11,000 SQUARE FEET.

OKAY.

SO WHAT THEY OFFERED WAS REALLY MORE THAN WOULD ORDINARILY BE.

SO THAT'S ANOTHER REASON WHY WE THINK THIS IS A REASONABLE REQUEST.

THANK YOU VERY MUCH, SIR.

ALL RIGHT.

LET'S SEE.

JONATHAN, ANYTHING FROM ANYBODY DOWN HERE? ALL RIGHT.

HEARING NONE.

THANK YOU, MR. CROSS.

AND WE'LL OPEN UP THE PUBLIC HEARING AND I HAVE MR. MIKE MOSS STELLAR SIGNED UP SMALL STELLAR.

PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD.

MY FULL NAME IS MB MOSTELLER JR.

MY ADDRESS IS ONE OH NINE LAKE VIEW DRIVE UNTIL ANNA VIRGINIA.

YEAH.

STELLA, COULD YOU SPEAK UP A LITTLE BIT OR TRY AND SPEAK IN MICROPHONE? SURE.

I HEAR YOU.

COULD YOU REPEAT THAT OR YOU DID? WE'RE GOOD.

OKAY.

OH, SO YOU'RE ON.

OKAY.

I DON'T WANT TO SAY AGAIN, MANY OF THE THINGS THAT TIM JUST SAID, AND I APPRECIATE THE STAFF'S, UM, SUPPORT AND TIM'S SUPPORT.

I JUST WANTED TO GIVE YOU A LITTLE HISTORY OF TRIPLE FEATURE ASSOCIATES.

IT'S AN ENTITY THAT WAS CREATED IN THE EARLY 1960S BY MY FATHER, MIKE MARSTELLAR SENIOR AND HIS PARTNER, HARRY WASSON.

THEY HAD 16 LIMITED PARTNERS.

AND THEN THE TWO OF THEM WERE THE GENERAL PARTNER.

SO 18 PARTNERS ALL TOGETHER OVER THE YEARS.

UM, AND IT'S BEEN 60 YEARS SINCE THE EARLY SIXTIES TO TODAY.

UM, ALMOST ALL OF THE LIMITED PARTNERS AND GENERAL PARTNERS.

MY FATHER'S PASSED AWAY.

HARRY WASHINGTON IS STILL WITH US.

AND I THINK ONE OF THE LIMITED PARTNERS IS STILL WITH US, BUT THE REST OF THEM HAVE PASSED AWAY AND THEY'VE LEFT THEIR INTEREST TO THEIR CHILDREN.

AND SO WHAT'S HAPPENED IS WE'VE GONE FROM 18 PARTNERS OVER THE LAST 60 YEARS TO 37 PARTNERS.

AND MOST OF THOSE PARTNERS, NEW PARTNERS ARE CHILDREN.

AND THEY'D HAVE NO IDEA PROBABLY WHERE THIS PROPERTY IS OR WHAT IT MEANS OR WHAT THEY'LL EVER GET OUT OF IT.

THEY JUST INHERITED IT.

AND SO IT'S AN ENTITY THAT REALLY NEEDS TO BE, YOU KNOW, PUT THE REST IN AND WE NEED TO SELL THIS PROPERTY, DISTRIBUTE THE MONEY AND, UH, AND PUT THE ENTITY TO REST BASICALLY IS MY GOAL AND MY HOPE.

AND I THINK BY PURSUING, UH, THE REMOVAL OF THESE TWO PROFFERS, WE HAVE A MUCH BETTER CHANCE OF DOING THAT THAN WE HAVE HAD FOR THE PAST 10 YEARS SINCE THEY WERE IMPOSED ON THE PROPERTY.

AND, UM, I WILL SAY THIS DURING THAT 10 YEARS, I'VE BEEN MARKETING THE PROPERTY.

I'VE HAD NO INTEREST IN ANY ONE BUYING TWO ACRES AND BUILDING 15,000 SQUARE FEET.

I HAVE HAD INTEREST FROM SEVERAL SMALLER USERS.

ONE OF WHICH THE NAME WAS DUNKIN DONUTS.

THEY REALLY LIKED THE INTERSECTION.

THEY WANTED TO BE THERE.

AND WHEN WE TOLD THEM WHAT THE PARAMETERS WERE, YOU KNOW, THEY, THEY SAID WE CAN'T DO THAT.

WE, YOU KNOW, WE'RE A 1500 SQUARE FOOT FOOTPRINT.

WE DON'T NEED TWO ACRES.

WE NEED A HALF AN ACRE, THREE QUARTERS OF AN ACRE.

UM, SO THEY MOVED ON AND BOUGHT A SITE SOUTH OF THIS LOCATION AND SEVERAL OTHERS LIKE DUNKIN DONUTS, RESTAURANT, FOOD SERVICE USERS, AND RETAIL USERS THAT WERE SMALL PROPERTY BUYERS, THEY NEEDED, YOU KNOW, HALF AN ACRE OR THREE QUARTERS OF AN ACRE.

UM, AND SUBDIVIDING, IT WAS PROBLEMATIC BECAUSE OF THE 15,000 SQUARE FOOT.

IF DUNKIN DONUTS, FOR INSTANCE, HAD BOUGHT IT AND BUILT 1500 OR 2000 SQUARE FEET, THEN WE GOT 13,000 SQUARE FEET LEFT TO MAKE ONE OR TWO OTHER USERS, YOU KNOW, CREATE.

AND THERE'S JUST NOT A MARKET FOR THAT.

SO THAT'S, THAT'S THE DIFFICULTY THAT WE FACED.

AND THAT'S WHY WE HAVE, UH, COME TO YOU TODAY AND ASK FOR YOUR HELP AND SUPPORT AND GIVING US A LITTLE BETTER CHANCE OF TURNING THIS INTO A PRODUCTIVE TAX

[00:20:01]

PRODUCING PROPERTY.

AND, UH, THAT'S PRETTY MUCH ALL I HAVE TO SAY.

I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

OKAY.

THANK YOU, MR. MOSTELLER.

UM, DO WE HAVE ANY QUESTIONS OF THE APPLICANT FROM OUR COMMISSIONERS ON THIS END, GLENN? NOPE.

NOPE.

DOWN HERE.

NOPE.

EVERYBODY'S GOOD, MR. MOSTO.

THANK YOU VERY MUCH.

I APPRECIATE IT.

ALL RIGHT.

I DON'T HAVE ANY MORE, UH, UH, FOLKS SIGNED UP, BUT IS THERE ANYBODY ELSE HERE THAT WISHES TO SPEAK TO THIS APPLICATION, HEARING NON CLOSE, THE PUBLIC HEARING, BRING THE MATTER TO THE COMMISSION, ANY COMMENTS FROM OUR COMMISSIONERS, ANY STRONG THOUGHTS ON THIS? THAT THAT WAS A PRETTY GOOD USE, PRETTY GOOD CHANGE.

AND ONE CONCERN WASN'T REALLY CONCERNED OR BE INTERESTED IN SEEING HOW THE TRAFFIC PATTERN PLAYS OUT ON GOING SOUTH AND JERRY CHARNEY INTO BOJANGLES SEPARATE ROUND TO THE RIGHT FOURTH ROUND TO THE LEFT AND THE OTHER WAY, BUT IT HAPPENS THAT A LOT OF PLACES WASN'T OVERLY CONCERNED.

JUST INTERESTING.

ANY THOUGHTS DOWN HERE AT ALL? YEAH, I THINK IT'S, UH, UM, WITH THE CURRENT SITUATION, UH, WITH, UH, RETAIL, UH, THE ISSUES, UH, THAT EVERYONE IS HAVING, TRYING TO RENT SPACE, UH, I WOULD SAY THAT THIS IS, IT GIVES A CHANCE THAT, UH, WE CAN BRING PEOPLE IN.

UM, SO I THINK IT'S A GOOD MOVE.

I WOULD AGREE THAT THE, UH, REQUEST IS REASONABLE.

I THINK THAT THE MARKET CONDITIONS HAVE CHANGED AND WE HAVE TO SHOW THAT WE ARE WILLING TO WORK WITH OUR BUSINESS COMMUNITY, AND THIS IS REASONABLE, BUT IT'S STILL, UH, I THINK, UH, ADDRESSES THE NEED FOR COMMERCIAL ACTIVITY IN THE AREA.

IT'S NOT A REQUEST FOR IT.

TOTALLY JUST ELIMINATING THIS.

AND THAT WOULD HAVE BEEN ONE OF MY CONCERNS, BUT THAT'S NOT THE CASE.

SO I COULD SUPPORT THIS.

I THINK THE REQUEST IS REASONABLE, UH, IN THE, IN THE CURRENT MARKET.

SO I, I THINK IT'S A GOOD REQUEST.

IT'S SOLID.

THANK YOU, MR. JOHNSON.

UH, I CONCUR WITH MY FELLOW COMMISSIONERS.

THINK IT'S A GOOD CHANGE.

WE WANT TO SUPPORT YOU.

HOPEFULLY YOU CAN FIND SOME USERS THAT WILL HELP OUR TAX SPACE OUT IN THE COUNTY AND, UH, I'M GOING TO BE SUPPORTIVE.

UH, CAN I ENTERTAIN ANYBODY, WANT TO ENTERTAIN A MOTION FOR THIS APPLICATION? I JUST HAVE ONE QUESTION ABOUT THESE CONDITIONS HERE.

I SEE WHERE THE 15,000 SQUARE FOOTAGE IS BEING REMOVED, BUT I DIDN'T SEE THE PART WHERE THE, UH, CONFORMANCE A REQUIREMENT FOR CONFORMANCE.

SO ARCHITECTURAL RENDERINGS WAS IN THE LANGUAGE, SO PERHAPS I'VE MISSED SOMETHING, BUT I JUST WANT TO BE SURE THAT WE'VE GOT ALL OF OUR I'S DOTTED.

WELL, IF YOU LOOK AT, UH, PAGE THREE, WE ADDED THE WORD RESIDENTIAL TO THE, TO THE CONDITION, UH, PERTAINING TO THE ADHERENCE TO THE RENDERINGS, SO OKAY.

THEIR APPLICABILITY TO THE COMMERCIAL PARCEL.

EXCELLENT.

THANK YOU.

YES, I AM.

OKAY.

SO I, I MOVE, UH, MR. CHAIRMAN TO ADOPT PC 21 DASH NINE.

THANK YOU.

WE HAVE A MOTION ON TABLE TO MOVE PC 21 DASH NINE.

MS. LENZEN BIGLER, PLEASE CALL THE MOTION BY MR. PETER BEN IS TO ADOPT PC 21 DASH NINE TO RECOMMEND APPROVAL OF A REQUEST TO AMEND CONDITIONS OF A PREVIOUS APPROVAL AT 8,001 GEORGE WASHINGTON CITY MEMORIAL HIGHWAY, MR. TITUS.

YES.

MR. STARK.

YES.

MR. PETERMAN.

YES.

MR. JOHNS, MR. KING.

YES, THE MOTION PASSES FIVE TO ZERO.

AND, UH, WHEN WILL THIS GO FOR THE BOARD MR. KROLL? I'M HESITANT TO SAY BECAUSE WE REALLY DON'T CONTROL THAT.

UH, EITHER BE, UH, THE JUNE, SORRY, JUNE 19TH OR JULY 20TH, PROBABLY JUNE 19TH, BUT THAT IS TENTATIVE.

AND JUST A REMINDER, UH, I KNOW WE'RE OBSERVING THE PRO COVID PROTOCOLS, BUT YOU'RE ALLOWED TO REMOVE YOUR FACE MASK WHEN YOU WERE SPEAKING AND IT ALSO HELPS WITH THE AUDIO.

OKAY.

OKAY.

THANK YOU, MR. CROSS.

APPRECIATE THAT.

ALL RIGHT.

UM, OUR

[Application No. UP-966-21, Cellco Partnership]

NEXT APPLICATION IS APPLICATION NUMBER P DASH NINE 66 DASH 21 SELCO PARTNERSHIP.

AND MR. ANDERSON, GOOD EVENING.

GOOD EVENING.

SO THIS IS A, A SPECIAL USE PERMIT REQUEST FOR 199 FOOT TELECOMMUNICATIONS TOWER AT 2124 WEST QUEENS DRIVE.

UM, THAT PROPERTY IS SHOWN HERE.

IT IS THE, UH, PROPERTY HERE IN THE GREEN.

IT'S ABOUT 16 ACRES.

UH, THE SITE FOR THE CELL ANTENNA IS SHOWN IN RED HERE BEHIND THE SCHOOL BUILDING.

[00:25:01]

IT IS 195 FOOT TOWER WITH A FOUR-FOOT LIGHTENING ROD ON THE TOP.

AND I'LL SHOW YOU A LITTLE BIT BETTER PICTURE OF THAT HERE IN A LITTLE BIT.

UH, THE PROPERTY IS ZONED RESOURCE CONSERVATION.

THAT'S THE GREEN.

UM, IT IS SURROUNDED MAINLY BY OUR 20, UH, ZONING, WHICH IS A RESIDENTIAL ZONING.

UH, THIS IS THE AERIAL VIEW, SO YOU CAN SEE A LITTLE BIT BETTER.

THE, UM, LOCATION, UM, ON THE, THE, UH, ON THE SCHOOL SITE IS BEHIND THE BALL FIELD RIGHT NOW.

THERE'S A BATTING CAGE BACK HERE AND A SHED THAT SHEDS TO BE REMOVED.

THE BATTING CAGE WILL REMAIN.

UM, THE, YOU CAN SEE THAT BETWEEN HERE AND THE PROPERTY AND THE CREEK SIDE OR THE LOCATION AND CREEKSIDE LANDING IS A FORESTED MATURE VEGETATED AREA.

UM, AS WELL AS THIS AREA IS ACTUALLY THE COMMON AREA FOR CREEKSIDE LANDING.

THERE'S ALSO A VERY HEAVILY TREED AREA ALONG SCHOONER BOULEVARD.

UH, USE, AS I SAID, ARE MAINLY RESIDENTIAL SURROUNDING IT ON ALL SIDES.

UM, THE, THE SCHOOL SYSTEM, UH, DOES OWN, OR THE COUNTY DOESN'T OWN THIS PARCEL HERE, NOT THE SCHOOL BOARD.

UM, AND THIS IS THE, UH, SKETCH PLAN THAT THE PROPERTY OR THE APPLICANT HAS SUBMITTED.

UH, IT DOES SHOW THE ACCESS ROAD COMING IN OFF THE, UM, NORTH EASTERN DRIVE ACCESS.

UH, YOU'LL COME IN, ENTER HERE, AND THEN THEY'RE GOING TO PUT IN A, UH, 12 FOOT SURFACE PARKING OR NOT PARKING, BUT A DRIVE ACCESS, UM, BACK ALONG THE WOODED AREA, IT'LL CUT THROUGH THE WOODED AREA THEN ALONG THE WOODAGE, UM, WHAT DID BUFFER THAT'S A LONG SCHOONER BOULEVARD.

UM, AND THEN ALONG THE BALL FIELD, BACK TO THE SITE, UH, THEY ARE LEASING A 50 BY 50 AREA, UH, FOR THE, FOR THE TOWER SITE, THE LOCATION ABOUT 300 FEET FROM SCHOONER BOULEVARD AND 320 FEET FROM THE NEAREST HOME INCREASED SIDE LANDING.

UH, THIS IS AN UP-CLOSE OF THE ACTUAL COMPOUND SITE.

UM, IT IS A, AS I SAID, A 50 BY 50 40 BY 40 OF IT IS THE ACTUAL COMPOUND.

UH, THEY WILL HAVE A 10 FOOT AREA WHERE THEY WILL HAVE SOME, UH, LANDSCAPING ALONG THE SIDES, UH, TO, UH, THAT YOU WOULD VISUALLY SEE IT.

AND THEY W WE, THEY HAVE ALSO NOTED IN HERE THAT IT WILL HAVE FENCING, BUT THEY DIDN'T SPECIFY THE KIND OF FENCING.

SO WE DID PUT A CONDITION THAT IT WOULD BE, UM, AN EIGHT FOOT CHAIN-LINK FENCE WITH AN OPAQUE MATERIAL, UH, PUT ON THERE SO THAT YOU CAN'T SEE INTO IT.

UM, THEY ALSO, I WILL ALSO NOTE THAT THEY ARE SHOWING A BALL NET, WHICH IS WE HAVE ON SOME OF OUR OTHER SCHOOL SITES.

UM, SO IT'S A NET THAT GOES AROUND THE ACTUAL TOWER ITSELF AND THEN GOES DOWN OVER THE COMPOUND.

SO THAT OF BASEBALLS OR SOCCER BALLS FOOTBALLS GET PUT UP THERE JUST FALLS DOWN, UM, AND DOESN'T GO INTO THE COMPOUND.

UM, AND YOU CAN KIND OF SEE THAT BETTER HERE ON THE DRAWING.

UH, THEY HAD THE BALL NET SHOWN HERE, AND THIS IS THE COMPOUND.

THIS IS THE A TOWER SIDE.

IT WILL BE A FLUSH MOUNT, UM, ANTENNA RAY.

SO THEY WON'T STICK OUT VERY FAR.

YOU CAN SEE FROM THE DRAWING HERE, UM, THAT IT IS VERY, UM, IT'S VERY NARROW LOOKING WHEN YOU LOOK AT IT.

UM, IF YOU'VE BEEN BY TO SEE THE MOST RECENT ONE THAT'S BEEN BUILT ON MERRIMACK TRAIL.

SO IT'D BE VERY SIMILAR TO THAT ONE, UH, WHERE THE, UH, ANTENNAS ARE FLUSH-MOUNTED TWO ON THERE.

THE COMPREHENSIVE PLAN DOES ADDRESS, UM, OUR TELECOMMUNICATION POLICY.

UM, IT NOTES THAT THEY ARE PERMITTED WHEN THERE'S A PROVEN NEED.

AND WHEN ALL OTHER OPPORTUNITIES HAVE BEEN, UM, LOOKED AT WHETHER THERE'S THEIR CO-LOCATION ON EXISTING FACILITIES, OR IF THERE'S OTHER PLACES THAT THEY COULD GO SUCH AS A POWER LINE OR A TALL CHURCH STEEPLE OR SOMETHING OF THAT NATURE.

UM, SO THOSE, THOSE PIECES HAVE TO BE EXHAUSTED.

UH, THE APPLICANT DID SUBMIT THIS, UH, NETWORK AERIAL MAP, WHICH SHOWS THEIR SITES.

I'VE ACTUALLY ADDED A FEW THINGS TO THE GREEN DOTS.

ARE THERE EXISTING TOWERS WHERE VERIZON IS CURRENTLY? SO YOU CAN SEE THEY'VE GOT ALMOST A HORSESHOE SHAPE AROUND THE RED DOT, WHICH IS THE PROPOSED SITE.

UH, SO THIS WILL, UH, PROVIDE COVERAGE THERE.

UH, THE LIGHT BLUE GRAY.HERE IS THE TOWER SITE AT MCGRUDER ELEMENTARY, UH, WHICH THEY DID LOOK AT, UH, BUT IT IS, IT IS VERY CLOSE TO THE EXISTING TOWER.

THEY HAVE OVER OFF OF ROUTE 60.

UH, SO IT WAS A LITTLE TOO CLOSE.

SO THEY WANTED TO GET A LITTLE CLOSER INTO THAT COVERAGE AREA.

THEY LOOK AT THIS AREA, I JUST PUT A LITTLE.HERE, CAUSE THAT WAS ABOUT THE CLOSEST TO THE PROPOSED SITE, BUT THIS IS A, UH, A POWER LINE EASEMENT THAT RUNS THROUGH HERE.

AND THE APPLICANTS DID SUBMIT A LETTER FROM DOMINION WHERE THEY TRIED TO GET AN ANTENNA ARRAY ON THERE, BUT IT WAS JUST NOT POSSIBLE, UH, WITH THE CURRENT POWER TOWERS THAT

[00:30:01]

ARE OUT THERE RIGHT NOW, SO THEY COULDN'T GET IT TO WORK.

SO, UM, THAT'S WHY THEY PROPOSED THIS LOCATION, UM, HERE WHERE THAT RED.IS AT, AT THE QUEENSLAND MIDDLE SCHOOL.

UH, THE COMPREHENSIVE PLAN DOES DISCOURAGE, UH, TELECOMMUNICATION TOWERS AND HISTORIC OR RESIDENTIAL AREAS EXCEPT WHERE THERE'S REALLY NO PRACTICAL OTHER OPTION EXISTING.

UM, AND AS I KIND OF SHOWED YOU ON THAT MAP, MOST OF THIS AREA IS RESIDENTIAL.

THERE ARE SOME COMMERCIAL AREAS, BUT IN THAT COVERAGE AREA THAT THEY'RE TRYING TO GET INTO, IT IS MOSTLY RESIDENTIAL.

UM, I WILL NOTE THAT AS I SHOWED ON THE MAP, IT IS VERY MUCH, THERE IS A LOT OF MATURE, DENSE WOODS IN THERE THAT WOULD KIND OF SEPARATE IT FROM THE RESIDENTIAL, UM, NEIGHBORHOODS AND HOMES.

OKAY.

SO AS PART OF THEIR APPLICATION, UM, THEY DID DO A BALLOON TEST SHOWING THE BALLOON AND THEY ALSO TOOK, UM, AND TOOK PICTURES WHILE THAT BALLOON TEST WAS GOING ON AND THEY PRODUCE THESE PHOTO SIMULATIONS.

THIS IS THE OVER ALL MAP AND I'LL COME BACK TO THIS EACH TIME I KIND OF CHANGE AREAS.

UM, I THINK IT WOULD START OVER HERE IN THE ROYAL GRANT AREA.

SO THEY HAD TOOK TWO PHOTOS OVER HERE SHOWING, OH, NO, I'M SORRY.

I'M IN FRONT OF THE BUILDING FIRST.

SO THIS IS FROM WEST QUEENS DRIVE LOOKING AT THE FRONT OF THE SCHOOL.

SO YOU CAN SEE THE TOWER THERE, UM, IN THE BACK OF THE SCHOOL.

AND THEN FROM THE PARKING LOT, YOU CAN SEE THE TOWER GOING UP HERE AND THEN I'LL MOVE OVER TO ROYAL GRANT, WHICH IS THESE TWO RED DOTS DOWN HERE.

SO THIS IS FROM, UM, ROYAL GRANT DRIVE.

SO THE TOWER, UM, IS VISIBLE THROUGH THE TREES.

AND NOW THEY DID, I WILL NOTE, THEY DID TAKE THIS DURING THE WINTER.

SO THE, THIS IS, YOU KNOW, SHOWING, YOU KNOW, WHAT EVERYBODY DOES IS SEE DURING THE WINTER TIME, UH, DURING THE SUMMER, MOST OF THESE TREES HAVE LEAVES.

SO YOU WOULD BASICALLY NOT SEE IT.

THIS IS ALSO FROM ROYAL GRANT ON QUEEN ANNE DRIVE.

UM, AND IT KIND OF BLENDS IN WITH THE TREES THERE.

UM, I MOVE BACK INTO THE CREEK SIDE LANDING AREA.

SO THIS IS FROM SCHOONER BOULEVARD HERE.

SO THIS IS NEAR THE ENTRANCEWAY OF THE BOULEVARD AND THE TOWER WILL SET BACK HERE ON THE BACKSIDE AND THE SITE.

UH, THERE IS A DECENT AMOUNT OF EVERGREEN BUSHES TREES ON THIS SIDE.

SO IF YOU'RE DRIVING DOWN THE ROAD, UNLESS YOU'RE REALLY LOOKING FOR IT, YOU WON'T SEE THE TOWER.

UH, THIS IS AT THE BEGINNING OF THE NEIGHBORHOOD.

UH, YOU CAN SEE THE TOWER SITTING BACK IN THE DISTANCE BEYOND THE TREES.

UM, THIS IS STANDING ON SPINNAKER WAY, WHICH IS, THESE ARE THE HOMES THAT ARE THE CLOSEST.

SO LOOKING BACK ONTO THE SCHOOL SITE, YOU WILL SEE THE TOWER ABOVE THE HOMES AND THEN LOOKING FURTHER DOWN ON STARBOARD COURT AND THEN ALL THE WAY DOWN ON SCHOONER BOULEVARD.

SO YOU CAN SEE JUST THE TIP OF IT POPPING UP THERE, AND THEN I'M GOING TO GO ACROSS HERE TO VALOR COURT.

SO THIS IS FROM HUNTINGTON ROAD LOOKING ACROSS.

UM, SO LIKE THE SCHOOL SITS RIGHT UP HERE OFF WEST QUEENS, AND YOU CAN SEE THE TOWER, UM, THROUGH THE TREES.

AND I ONLY USE ONE BECAUSE THE OTHER ONE, YOU COULDN'T SEE IT FROM.

ALL RIGHT.

UM, THAT KIND OF JUST SHOWS YOU IN GENERAL, WHAT IT MODE WILL PROBABLY LOOK LIKE, UH, COMING FROM THERE.

I DO WANT TO NOTE, UH, THE FEDERAL TELECOMMUNICATIONS ACT OF 1996, UM, DOESN'T PREEMPT LOCAL ZONING, BUT IT DOES PUT A GOOD AMOUNT OF CONSTRAINTS ON OUR ABILITY TO DENY OR DELAY HOW FAST WE APPROVE A TOWER.

UM, UH, ONE OF THE BIG THINGS IS WE CAN'T DECIDE BASED ON WHO THE SERVICE PROVIDER IS AND WHAT NEED THEY FEEL.

THEY'RE THERE, THEY'RE HERE TO GET A, WE CAN'T REALLY BASE A DECISION ON THAT AND WE CANNOT DELAY IT OR DENY IT UNREASONABLY OR DENY IT FOR PUBLIC HEALTH CONCERNS, WHICH THOSE MOSTLY ARE FROM THE RF MISSIONS.

UH, THE RF EMISSIONS ARE CONTROLLED BY THE FEDERAL AVIATION ADMINISTRATION.

AND THAT'S NOT SOMETHING THAT WE CAN, I'M NOT, SORRY, NOT THE FAA, THE FCC, THE FEDERAL COMMUNICATIONS COMMISSION.

UM, THEY CONTROL THAT.

AND IT'S NOT SOMETHING THAT TELECOM INTERNET TELECOMMUNICATIONS ACT PROHIBITS US FROM MAKING A DECISION BASED ON HEALTH CONCERNS, UH, BECAUSE THAT IS A FEDERALLY REGULATED PART OF THAT.

UH, THE TA STAFF FEELS, UM, THAT WE KNOW WE UNDERSTAND THAT THIS TOWER IS LOCATED IN A RESIDENTIAL AREA.

UM, AND I THINK THE APPLICANTS HAVE DONE WHAT THEY CAN TO LIMIT THE IMPACT OF THE TOWER SITE.

THEY'VE LOCATED IT TO THE REAR OF THE SCHOOL SITE.

AND THEY BO BUFFERED VERY WELL WITH HEAVY MATURE GROWTH OF TREES.

A LOT OF THEM ARE DECIDUOUS, BUT THERE ARE A DECENT AMOUNT OF LOWER LEVEL EVERGREENS THAT WILL MAKE IT HARDER TO SEE THE TOWER.

UH, THEY ALSO ARE PROPOSING A FLUSH EXTERNAL ANTENNA ARRAY.

SO EVEN THOUGH IT WILL BE TALL TOWER, THE ANTENNAS

[00:35:01]

WON'T BE STICKING OUT.

IT'S NOT GOING TO LOOK LIKE, UH, LIKE SOME OF THE TOWERS YOU MIGHT'VE SEEN, UM, IN OTHER PLACES, UH, WE DO FEEL LIKE THEY, THEY HA THIS WILL ADDRESS CONCERNS, UH, FOR COVERAGE AS THEY'VE SHOWN THAT THEIR TOWERS ARE THERE OTHER EXISTING TOWERS AREN'T ANYWHERE NEAR HERE.

UM, AND SO WE ARE RECOMMENDING APPROVAL AND YOU CAN DO THAT THROUGH THE ADOPTION OF PC 21 DASH EIGHT.

UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU FOR YOUR PRESENTATION, MR. ANDERSON, UM, ANY QUESTIONS OF STAFF REGARDING THIS, UH, PROPOSAL? YES, I'M.

I WILL NOTE, WE DID GET, WE DID GET THREE LETTERS.

WE'VE GOT THREE EMAILS I SENT, I SENT THEM TO YOU.

I SAID TWO OF THEM TO YOU ONE EARLIER THIS AFTERNOON.

UM, AND THEN I PRINTED THE LAST ONE I GOT AT FOUR 59 TODAY AND BROUGHT IT TO YOU THAT THE LAST TWO WE GOT WERE AGAINST THE APPLICATION, UH, FOR A VARIETY OF REASONS THAT THEY LISTED IN THEIR APP IN THEIR LETTER.

UH, THE FIRST ONE WAS IN FAVOR OF IT.

THANK YOU.

APPRECIATE THAT.

UM, MR. JOHN, YES, SIR.

I'M SAYING IT'S A GOOD EVENING.

GOOD EVENING.

OKAY.

COULD YOU GO BACK TO THE MAP WITH THE DIFFERENT COLOR DOTS ON IT FOR ME PLEASE? AND SPECIFICALLY, MY QUESTION IS THE AERIAL NETWORK OR THIS ONE? NO, THIS IS THE ONE WHERE YOU HAD THE RED, THE BLUE DOTS AND YOU WERE SHOWING YES.

THAT ONE RIGHT THERE.

YES, SIR.

COULD YOU SHOW US WHERE A NEW QUARTER PARK WOULD BE ON THAT MAP? YES.

A NEW QUARTER PARK SITS BACK HERE AND TH THEY, THEY DID LOOK AT THIS, BUT THE REASON THEY CAN'T GO THERE BECAUSE THEY CAN'T BUILD A TOWER TALL ENOUGH BECAUSE OF THE AIR FIELD HERE AT CAMP PERRY.

OKAY.

SO THEY, THEY CAN'T THAT THE FAA WON'T LET THEM BUILD IT HIGH ENOUGH TO PROVIDE ENOUGH SERVICE COVERAGE TO GET WHAT THEY NEED OVER HERE.

OH, I DON'T THINK THAT WAS NOTED IN THEIR THING, BUT THAT WAS AN EARLY CONSIDERATION.

OKAY.

THANK YOU VERY MUCH.

YOU'RE WELCOME.

ANY OTHER QUESTIONS DOWN HERE? GOOD.

GOOD.

OKAY.

MR. ANDERSON, THANK YOU VERY MUCH.

WELCOME.

ALL RIGHT.

I HAVE SOMEONE SIGNED UP.

UH, LISA MURPHY.

LISA, IF YOU WOULD PLEASE STATE YOUR FULL NAME, ADDRESS FOR THE RECORD.

THANK YOU.

SURE.

HAPPY TO TAKE MY MASK OFF FOR THE RECORD.

MY NAME IS LISA MURPHY.

I'M A LOCAL ATTORNEY WITH AN ADDRESS AT FOUR FOUR ZERO MONTICELLO AVENUE, SUITE 2200 IN THE CITY OF NORFOLK.

I'M HERE TONIGHT ON BEHALF OF THE APPLICANT CELL CO PARTNERSHIP, WHICH DOES BUSINESS AS VERIZON WIRELESS.

UM, THANK YOU TO EARL FOR DOING AN EXCELLENT JOB.

UH, AS YOU KNOW, HE, HE COVERED WHERE ALL THE PLACES WE HAD LOOKED AT, UM, AND I'LL GET INTO SOME OF THAT AS WELL, BUT, UH, VERIZON'S BEEN WORKING ON TRYING TO FIND A SITE IN THIS LOCATION FOR OVER THREE YEARS NOW.

SO THEY'VE, THEY'VE SCRUBBED A LOT OF, A LOT OF, OR THEY'VE COVERED A LOT OF LAND.

LET ME SEE IF I CAN, UM, EARL, HOW DO I, OKAY.

THERE GUYS? UM, SO JUST TO KIND OF ORIENT EVERYBODY, UM, I STARTED DOING THIS IN 1996 AND, UM, THESE TYPES OF HEARINGS, YOU KNOW, PEOPLE DIDN'T KNOW WHAT TO EXPECT.

WIRELESS.

HADN'T BEEN AROUND FOR VERY LONG PEOPLE, UH, WHO TRAVELED FOR WORK MAINLY HAD WIRELESS PHONES.

IT WAS THE OLD BAG PHONE, UM, AND THEY JUST WEREN'T BEING USED VERY MUCH.

SO IN DECEMBER OF 2007, JUST UNDER 16% OF PEOPLE WERE WIRELESS ONLY AT HOME BY, UH, JUNE OF LAST YEAR, WHICH IS THE RECENT DATA THAT WE HAVE 62.5% OF ADULTS.

AND 73.6% OF CHILDREN LIVED IN WIRELESS, ONLY HOUSEHOLDS.

AND IF YOU LOOK AT THE DEMOGRAPHICS, UM, THE OLDER, THE HOUSEHOLD, THE LESS LIKELY TO HAVE WIRELESS, THE YOUNGER, THE HOUSEHOLD, WHERE YOU HAVE SMALL CHILDREN, MORE LIKELY TO HAVE WIRELESS, BUT THAT IS A SHOCKING INCREASE.

SO, UH, WIRELESS PHONES AND DEVICES NOW IT'S, UH, IPADS, UH, SMART DEVICES OF ALL TYPES, WENT FROM A NICE TO HAVE.

AND IN FACT, NOBODY WAS WATCHING THE INTERNET ON THEIR PHONE 25 YEARS AGO.

UM, NOW IT'S A HAVE TO HAVE, YOU KNOW, IT'S A DEVICE.

I, I WILL TELL YOU I WAS OLDER WHEN I HAD MY SON, HE'S ONLY SEVEN YEARS OLD.

AND I SAID TO HIM, YOU KNOW, WHEN I WAS A KID, THERE WERE ONLY THREE CHANNELS ON TELEVISION.

THERE WAS NO YOUTUBE.

AND I ONLY DREAMT OF BEING TO BEING ABLE TO WATCH TV ON SOMETHING OTHER THAN THE GIGANTIC TUBE TELEVISION THAT'S OUT IN THE FAMILY ROOM.

SO HE THINKS ALL OF THAT IS VERY FUNNY, BUT YOU CAN SEE HOW, HOW THE TECHNOLOGY HAS, HAS ADVANCED, UM, FURTHER DURING THE PANDEMIC WE'VE SEEN THIS INCREASE NEED, UH, AS, AS EMPLOYEES ARE NOW HAVING TO WORK FROM HOME AND CHILDREN ARE HAVING TO EDUCATE FROM HOME.

IT REALLY HAS BEEN A CHALLENGE.

UM, YOU KNOW, MYSELF WORKING FROM HOME.

I CAN'T TELL YOU HOW MANY THOUSANDS OF MINUTES I USED ON MY CELL PHONE ON A PLAN THAT

[00:40:01]

INITIALLY WASN'T UNLIMITED MINUTES.

SO I HAD TO HAD TO CHANGE THAT PRETTY FAST, UM, FROM A PILOT ONLINE ARTICLE, OBVIOUSLY EVERYDAY LIFE, ALL OF A SUDDEN WAS BEING MANAGED ELECTRONICALLY FROM COMMUNICATING WITH YOUR HEALTHCARE PROVIDERS, UH, REFILLING PRESCRIPTIONS, PAYING BILLS, YOU NAME IT.

IT SUDDENLY BECAME VERY IMPORTANT.

AND THERE WAS A BIG, UH, FOCUS ON THAT GROWING DIGITAL DIVIDE, THE FOLKS WHO HAD THE INFRASTRUCTURE TO HAVE A VIBRANT WIRELESS SERVICE AND THE FOLKS WHO DID NOT.

THIS JUST GIVES YOU THE DEMOGRAPHICS OF THAT, UH, WIRELESS ONLY STATISTIC THAT I TOLD YOU ABOUT.

SO UNDER 18, IF YOU'RE LIVING IN A HOME, UH, WITH FOLKS UNDER 18, THEY'RE ALMOST 74% WIRELESS ONLY, UM, WHAT DOES THIS TELL US? THIS MEANS THAT YOUNGER FOLKS ARE NOT GETTING A LANDLINE PHONE, LANDLINE PHONES ARE, ARE, UH, SOON TO BE A THING OF THE PAST.

REALLY MOST FOLKS LIKE MYSELF, YOUR, YOUR LANDLINE PHONE IS ONLY THERE FOR YOUR ALARM SERVICE.

AND NOW YOU CAN GO WITH RING OR ONE OF THOSE OTHER PROVIDERS, YOU DON'T EVEN NEED A LANDLINE PHONE.

SO, UM, WHAT THIS MEANS IS THAT THE INFRASTRUCTURE NEEDS TO BE CLOSE TO THE HOMES WHERE PEOPLE ARE LIVING IN THEY'RE USING THEIR PHONES MORE SO THAN EVER BEFORE.

YOU SEE, AS IF YOU SHOOT INTO THE MILLENNIAL DEMOGRAPHIC, IT'S 83%.

UM, MOST OF THEM PROBABLY MAYBE LIVED IN A HOUSE AS A CHILD WITH A WIRELINE PHONE OR A LANDLINE PHONE, BUT HAVEN'T IN THEIR ADULT LIFE.

UM, SO BASICALLY HOW WIRELESS PHONES WORK.

I WON'T GO INTO TOO MUCH DETAIL.

BASICALLY.

IT'S A RADIO FREQUENCY WAVES.

YOU'VE GOT TWO WAY RADIO.

YOU'VE GOT AN ANTENNA THAT TRANSMITS AND RECEIVES LOW ENERGY RADIO SIGNALS.

AND THEN YOU'VE GOT HANDHELD PHONE.

THAT'S GOING TO ALSO, UH, RECEIVE AND TRANSMIT.

UM, I LIKED EARL'S MAP BETTER, BUT HE TOOK THIS MAP AND HIGHLIGHTED IT.

SO THIS, THIS SHOWS YOU THE PROPOSED TOWER LOCATION, JUST TO KIND OF ORIENT EVERYBODY, THE CLOSEST TOWER THAT VERIZON'S ON AND VERIZON COLO KATE'S ON OTHER PEOPLE'S INFRASTRUCTURE, JUST LIKE ALL THE OTHER, OTHER CARRIERS.

UH, IT IS AT WALLER MILL ELEMENTARY SCHOOL.

THAT'S 180 FOOT TOWER.

IT'S, IT'S CALLED QUEENS CREEK.

I DON'T KNOW IF YOU CAN SEE IT.

THAT'S THE FURTHEST TO THE NORTH.

THAT'S ONLY 1.6 MILES TO THE NORTH.

THEN AS YOU COME OVER HERE TO THE EAST, UM, I'M SORRY THAT WASN'T WALLER MILL.

THAT WAS BRUTON HIGH SCHOOL.

THE ONE CALLED QUEENS CREEK IS ACTUALLY BRUTON HIGH SCHOOL WHILE OUR MILL IS OVER HERE.

I APOLOGIZE.

I MISREAD MY NOTES WHILE OUR MILL IS 180 FEET, AND THAT IS 1.6 MILES AWAY FROM THE SITE.

SO YOU SEE, MOST OF THESE SITES ARE IN THE ONE, ONE AND A HALF TO TWO, JUST OVER TWO MILES AWAY, CHEATHAM, WHICH IS TO THE EAST OVER HERE.

IF YOU CAN SEE MY CURSOR IS ABOUT THREE MILES TO THE EAST.

IT'S NEAR NEW QUARTERS BAPTIST CHURCH, AND THAT'S 185 FEET.

THEN AS YOU COME TO THE SOUTH, YOU HAVE A SITE CALLED KINGSMILL, UH, WHICH IS ACROSS FROM ST.

JOHN'S BAPTIST CHURCH.

THAT'S TWO AND A HALF MILES.

THAT'S I THINK THE FURTHEST, SORRY ABOUT THAT.

THE FURTHEST SITE AWAY.

UM, AND THEN AS YOU GO FURTHER HERE TO THE, UH, WEST, YOU'VE GOT A SITE AND I DON'T KNOW WHY THEY, THEY NAMED IT DOUBLE D, BUT THAT IS WHAT IT'S CALLED.

IT'S 140 FEET.

IT'S NEAR THE, UH, FIFTH AVENUE DISTILLERY.

AND THEN YOU'VE GOT A SITE ALL THE WAY OVER HERE, UH, THAT IS AT BARRETT HALL IN THE BELL TOWER AT WILLIAM AND MARY.

SO THAT'S ONLY 74 FEET.

IT'S NOT PROVIDING A WHOLE LOT OF COVERAGE AT THAT HEIGHT.

AND THAT IS, UM, 1.7 MILES AWAY.

SO THAT GIVES YOU THE, THE EXISTING NETWORK.

AGAIN, SOME OF THESE ARE VERIZON TOWERS.

A LOT OF THEM ARE, UH, OTHER INFRASTRUCTURE PROVIDERS, OTHER CARRIERS AS, UH, MR. ANDERSON INDICATED THERE IS A VETCO LINE RUNNING THROUGH HERE.

UH, AND THE RESPONSE THAT WE RECEIVED FROM VET VETCO WAS, WHICH IS IN YOUR PACKET OF MATERIALS, THAT THE, UH, THERE WERE ONLY A FEW OF THEIR STRUCTURES THAT COULD ACCOMMODATE, BUT THEY COULD ONLY ACCOMMODATE THREE ANTENNAS, WHICH WOULDN'T WOULDN'T PROVIDE THE FULL COVERAGE THAT VERIZON NEEDS.

UM, THE OTHER SITE THAT WAS MENTIONED WAS MO MAGRUDER ELEMENTARY SCHOOL, UH, WHICH I BELIEVE IS RIGHT IN THIS LOCATION.

AGAIN, IT'S CLOSER TO THESE EXISTING SITES.

SO IT WOULDN'T, WOULDN'T PROVIDE THE COVERAGE IN THE AREA WHERE VERIZON NEEDS COVERAGE.

SO THAT JUST GIVES YOU AN IDEA.

SO THE, THE, THE TRICKY PART ABOUT FINDING A SITE FOR AN ANTENNA STRUCTURE, UM, WHERE YOU FIND THAT YOU'VE GOT NO EXISTING TALL STRUCTURES TO USE, AND YOU'RE GOING TO NEED TO BUILD SOMETHING, IS THIS, UM, INTERSECTION OF SEVERAL COMPETING, UH, UH, DEMANDS.

SO YOU'VE GOT THE TECHNOLOGY, THE RF ENGINEERS DICTATE, OKAY, WHERE DO THEY NEED TO BE TO, TO SORT OF COVER THAT AREA? UM, YOU LOOK FOR THE EXISTING TALL STRUCTURES.

IF THERE AREN'T ANY AVAILABLE, YOU START LOOKING AT THE ZONING

[00:45:01]

ORDINANCE, LARGE PIECES OF LAND, UM, CARRIERS HAVE NO RIGHTS OF EMINENT DOMAIN.

SO THEY HAVE TO SEEK OUT A WILLING LANDLORD.

THEY CAN'T JUST PLOP A TOWER SITE WHEREVER THEY'D LIKE.

AND THEN AS EARL MENTIONED, UM, YOU'VE GOT TO COMPLY WITH FEDERAL, UH, FEDERAL LAWS, AS WELL AS STATE AND LOCAL LAWS.

SO AS HE INDICATED, WHEN YOU LOOK AT THIS AREA, YOU'VE GOT KATE PERRY NEARBY.

LET'S SEE IF I CAN GO BACK TO THAT.

UM, KATE PERRY, UP HERE, ONE OF THE FIRST THINGS THAT VERIZON DID, UM, WHEN THEY IDENTIFIED THIS LOCATION AFTER RULING OUT, ALL OF THE OTHER LOCATIONS WAS THEY, THEY GOT AN FAA DETERMINATION.

SO FAA SAID AT THAT HEIGHT, AT THAT LOCATION, YOU WOULDN'T HAVE TO HAVE LIGHTS ON THE TOWER.

UM, IS EARL MENTIONED THE CLOSER YOU GET TO KATE PERRY, THE SHORTER THE STRUCTURE GETS, AND THE MORE LIKELY IT WILL BE TO HAVE, HAVE LIGHTS ON IT.

UM, SO THAT'S ONE OF THE THINGS THAT YOU HAVE TO LOOK AT IN THIS CASE.

UH, I DON'T KNOW IF YOU ALL KNOW, BUT IF YOU LOOK AT THE, UM, ALL OF THE SCHOOLS AND ON YOUR, ON YOUR WEBSITE, THERE'S A LISTING OF ALL OF, ALL OF THE TOWERS IN THE COUNTY, APPROXIMATELY 30% OF THOSE ARE ON, UH, SCHOOL SITES.

AND THERE'S A REASON FOR THAT.

IT'S ENCOURAGED, UH, BECAUSE IT'S, UH, IT'S, UH, WHERE YOU CAN FIND A LOCATION ON A SCHOOL IT'S HELPFUL TO THE SCHOOL FROM A FINANCIAL REVENUE STANDPOINT.

UH, BUT IT ALSO ENABLES THE CARRIERS TO GET INTO AREAS THAT ARE RESIDENTIAL AREAS, WHERE YOU MIGHT NOT OTHERWISE BE ABLE TO PUT A STRUCTURE.

SO THIS LISTS, UM, THE, UH, YORK COUNTY SCHOOL TOWERS IN THIS CASE IN NOVEMBER OF LAST YEAR, NOVEMBER 23RD, THE SCHOOL BOARD APPROVED ON A FIVE ZERO VOTE.

SO UNANIMOUSLY APPROVED A LEASE FOR THIS PARTICULAR LOCATION.

SO THAT WAS THE FIRST STEP THEY WENT TO THE, UH, COUNTY SCHOOL BOARD SECURED A LEASE, AND THEN WENT THROUGH AND APPLIED FOR THAT SPECIAL USE PERMIT.

SO THAT, UM, I KNOW SOMEBODY, UH, THERE WERE SOME QUESTIONS ABOUT HOW THAT PROCESS WORKS.

SO THEY HAVE THE LEASE WITH THE SCHOOL AND IT'S CONDITIONED CONTINGENT.

NOW ON THIS SPECIAL USE PERMIT, THIS SHOWS YOU THE, UM, THE AERIAL OF THE AREA THAT, THAT EARL SHOWED.

THE OTHER THING I WOULD POINT OUT, AND THIS COULD BE WHY IT'S CALLED CREEKSIDE LANDING, BUT NOT ONLY IS THERE A MATURE STAND OF TREES, THERE'S A, UH, A DITCH OR IT'S PROBABLY A CREEK.

I MEAN, THE, THE, THE TOPOGRAPHY DROPS DOWN IN BETWEEN THE SCHOOL AND THE HOME.

SO THERE'S A, THERE'S A PRETTY GOOD, UM, UH, DIVISION.

THERE WAS A QUESTION, UM, THAT I SAW IN THE EMAIL THAT EARL HAD ABOUT WHETHER THIS WOULD IMPACT THE CHILDREN WALKING FROM CREEKSIDE LANDING TO THE SCHOOL AND WHERE THIS LOCATION IS REALLY WOULDN'T HAVE ANY IMPACT ON THE PATH, UH, COMING OVER FROM THE NEIGHBORHOOD TO THE SCHOOL.

SO THAT PLEASE WRAP UP YOUR COMMENTS.

UM, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

ONE OF THE THINGS I POINT OUT EARL MENTIONED AT THE, UM, F CC, WHICH REGULATES THE, UH, RF EMISSIONS, UM, HAS SORT OF TAKEN THAT OUT OF THE LOCALITIES, BUT ONE OF THE LETTERS THAT YOU GOT, WHICH I'VE NEVER SEEN ANYBODY SEND BEFORE WAS FROM A HEALTH PHYSICIST, WHO SAID, THIS IS MY JOB.

THIS IS WHAT I DO.

I DON'T HAVE ANY ISSUES WITH THIS.

AND, OH, BY THE WAY, HERE'S A, UH, AN ARTICLE THAT I CO-AUTHORED ON WHY 5G TECHNOLOGY AND CELL TOWERS ARE SAFE.

SO I, I COMMEND YOU TO READ THAT.

IT'S, IT'S A WONDERFUL ARTICLE.

I HAPPY TO ANSWER YOUR QUESTIONS AND WE RESPECTFULLY REQUEST THAT YOU APPROVE THIS APPLICATION.

THANK YOU, MRS. MURPHY, UM, QUESTIONS FROM OUR COMMISSIONERS OF THE APPLICANT.

YEAH.

UH, MR. CHAIRMAN, UH, MS. MURPHY, JUST HELP ME KNOWLEDGE BILL, IS THERE A OPTIMUM DISTANCE BETWEEN TOWERS, RECEIVER, TRANSMITTERS, OR, OR WHAT'S THE CRITERIA FOR THE CONSTRAINTS ON THAT OPTIMUM DISTANCE? IT'S GOING TO DEPEND ON THE TOPOGRAPHY.

IT'S GONNA DEPEND ON THE TREE COVER.

IT'S GONNA DEPEND ON THE POPULATION IN BETWEEN THE ANTENNA SITES, BUT AS YOU SAW FROM THAT NETWORK IN, IN THIS TYPE OF AREA, YOU'LL SEE THEM ANYWHERE FROM A MILE APART TO TWO MILES, APART TO THREE WOULD PROBABLY BE THE FURTHEST APART.

YOU WOULD HAVE THEM TO, TO PROVIDE THE COVERAGE.

IF YOU'RE IN THE MIDDLE OF THE DESERT, THERE'S NO, NO TREES, NO PEOPLE.

YOU COULD HAVE THEM FIVE, SIX, SEVEN MILES APART.

SO THERE ARE A LOT OF DIFFERENT FACTORS THAT ARE GOING TO AFFECT HOW FAR THAT SIGNAL IS GOING TO GO.

IT'S A VERY LOW POWER SIGNAL, SO THEY CAN'T TURN UP THE ENERGY OR THE POWER TO MAKE THE SIGNAL GO FURTHER.

THEY'RE LIMITED AND CONSTRAINED IN THAT THE DISTANCE.

EXACTLY.

SO THANK YOU.

YOU'RE WELCOME.

ALL RIGHT, MR. JOHNS? YES.

UH, YOU MENTIONED THAT THIS TOWER IS LOW FREQUENCY.

UM, NO, IT LOW POWER, LOW POWER.

IT'LL HAVE MULTI, MULTIPLE FREQUENCIES ON IT.

OKAY.

WELL, I'M LOOKING AT THIS GRAPH OF LOW-FREQUENCY HERE, AND I'M WONDERING, SO IS THIS THE RANGE AS THEY ARRANGED FOR A LOW FREQUENCY ON THIS PARTICULAR TOWER?

[00:50:01]

CAUSE IT'S, IT GOES FROM SIX TO 38, 30,600.

SO, I MEAN, WHAT DOES THAT MEAN? ALL THIS STUFF MEAN.

AND JUST SO WHAT THIS WAS, UM, THE FREQUENCY LISTING THAT YOU'RE LOOKING AT AS PART OF THE FAA DETERMINATION, AND THIS MAY BE MORE INFORMATION THAT YOU WANT, BUT WHEN THE CARRIER SUBMIT FOR AN FAA STUDY, THE FAA IS LOOKING NOT ONLY AT WHETHER OR NOT THAT TOWER IS GOING TO BE AN, BUT THEY'RE LOOKING AT WHETHER OR NOT THE FREQUENCIES THAT ARE GOING TO BE OPERATED ON THE TOWER ARE GOING TO INTERFERE WITH THE COMMUNICATIONS TO, AND FROM THE, UM, THE, UH, UH, THE STATION WHERE THEY'RE, WHERE THEY'RE DIRECTING THE PLANES ESSENTIALLY.

SO THEY DON'T WANT IT TO CONFLICT WITH THAT.

SO THEY, THEY RUN THE, UM, FAA STUDY USING ALL OF THE POSSIBLE FREQUENCIES THAT VERIZON WOULD BE OPERATING ON THIS STRUCTURE.

AND SO THAT'S, THAT'S WHY THEY GO THROUGH THE DATA ANALYSIS.

MY SECOND QUESTION, UH, I UNDERSTAND THE, UH, FEDERAL COMMUNICATIONS ACT OF 1996 AND ITS LIMITATIONS.

HOWEVER, UH, MANY PEOPLE ARE CONCERNED ABOUT THE POTENTIAL FOR A LONG-TERM EFFECT OF CANCER.

AND, UH, THE AMERICAN CANCER SOCIETY HAS SUBMITTED VARIOUS ARTICLES ON THE NEED FOR RESEARCH.

SO LET ME ASK YOU THIS.

I UNDERSTAND THE LIMITATIONS OF THE FEDERAL COMMUNICATIONS.

HOWEVER, IF THERE WAS EVIDENCE, UH, THAT THERE WAS AN IMPACT OF CANCER, WOULD THAT BE A CONSIDERATION, EVEN THOUGH WE'RE LIMITED BY THE ACCIDENT, WOULD THAT BE FACTORED INTO YOUR CONSIDERATION FOR LOCATIONS NEAR SCHOOLS? I'M JUST ASKING YOU A BIG QUESTION.

I THINK THE FACT THAT 30% OF THE ANTENNA STRUCTURES ARE IN THE COUNTY OR AT SCHOOL SITES IS AN INDICATION THAT, THAT, THAT THEY ARE SAFE.

THE F UM, CC DOES REGULATE OUR F EMISSIONS AND THE EMISSIONS FROM ANY OF THESE STRUCTURES, UH, IS GOING TO BE WELL BELOW WHAT YOU WOULD HAVE, UH, EMISSIONS WISE, IF YOU WERE STANDING IN FRONT OF A MICROWAVE FROM THE LIGHTS IN THIS ROOM, FROM THE WIFI IN THIS ROOM.

SO THE EMISSIONS ACTUALLY COMING OFF OF THE TOWERS IS, IS VERY LOW.

UM, SO NOT ONLY IS IT REGULATED, BUT IT'S SAFE.

AND I WOULD COMMEND YOU TO THE, UM, DAN SOURS WHO WROTE THE EMAIL, WHO IS THE, UH, CERTIFIED HEALTH PHYSICIST SPECIALIST IN RADIATION PROTECTION.

AND HE'S, CO-AUTHORED THIS FACT SHEET, UM, INDICATING WHY, WHY, UH, CELL SITES ARE ACTUALLY SAFE.

IT'S VERY, IT'S A VERY GOOD PIECE OF NEVER, UH, NEVER THOUGHT I WOULD HAVE SOMEBODY WHO WASN'T AFFILIATED WITH THE APPLICATION ACTUALLY SENT IN SOMETHING LIKE THAT, BUT THIS IS, THIS IS HIS JOB.

AND HE SAYS, THIS IS, THIS IS WHAT I DO.

AND THIS IS WHY IT'S SAFE.

WHAT I WILL TELL YOU TOO IS, UM, SO WORKING WITH EARL, WE TRIED TO FIGURE OUT WHAT THE BEST WAY TO GET THE WORD OUT, BECAUSE IT IS IN A RESIDENTIAL AREA.

UM, I SPOKE WITH SUPERVISORS RUMBA, AND WE SENT THE POSTCARDS TO ALL OF ROYAL GRANT.

UH, GOT THOSE ADDRESSES FROM EARL, SENT THEM ACROSS, UH, ACROSS THE STREET FROM THE SCHOOL AS WELL.

I REACHED OUT TO CREEKSIDE LANDINGS, PROFESSIONAL HOMEOWNERS ASSOCIATION, UM, OFFERED TO MEET WITH THEM, PROVIDED MY INFORMATION.

DIDN'T REALLY HEAR ANYTHING BACK.

UM, EARL SUGGESTED THAT WE, YOU KNOW, POST IT THROUGH FACEBOOK.

HE HAD A CONNECTION.

SO THIS HAS BEEN POSTED ON FACEBOOK FOR AWHILE WITH MY NAME, MY, UH, EMAIL ADDRESS, MY PERSONAL DIRECT DIAL PHONE NUMBER.

AND I HAVEN'T HEARD FROM ANYONE.

SO, UM, JUST IN THE, IN THE WAY THAT WE'VE GOTTEN AT THE INFORMATION, UM, THERE'S, THERE SEEMS TO BE LIMITED CONCERNS, YOU KNOW, BASED ON ALL OF THE EXPOSURE THAT, THAT, THAT THE SITE AND THE APPLICATION HAVE HAD.

OKAY.

UH, HOW ABOUT DOWN HERE? UH, MR. PETERMAN? YES.

UM, NEED SOME HELP FROM TECHNOLOGY HERE, UH, WITH THE LARGE TOWER, UH, IT SEEMS TO BE SUPPORTING THE LEGACY 4G SYSTEM SINCE THE 5G SYSTEM IS MORE, UH, CLOSER AND TO NEIGHBORHOODS.

SO WE'LL POTENTIALLY, UM, SUPPORT 5G, UM, AND 5G IS LESS OF A TECH, LESS OF A FREQUENCY AND MORE OF A TECHNOLOGY IN USE.

SO I THINK YOU ALL, UH, ONE OF THE WRITERS HAD A QUESTION ABOUT, WELL, WHY NOT JUST DO SMALL SITES EVERYWHERE? AND A LOT OF PEOPLE, UM, THINK ABOUT THE SMALL SITES FOR 5G, THE SMALL CELL SITES, WHICH ARE ON LIGHT POLES.

UM, THERE'S A, A SMALL CELL SITE INSTALLATION AT COLONIAL WILLIAMSBURG, UM, IN PLACES WHERE YOU'RE MOSTLY OUTSIDE AND YOU'RE COVERING, COVERING A VERY SMALL AREA, A FEW BLOCKS.

UM, YOU WOULDN'T USE A SMALL CELL SITE TO COVER A LARGER AREA.

SO IF YOU THINK OF IT MORE LIKE, UM, UH, YOUR POWER LINES, YOU'VE GOT YOUR BIG TRANSMISSION LINES, AND THEN YOU'VE

[00:55:01]

GOT YOUR SMALL DISTRIBUTION LINES.

THIS IS MORE OF A TRANSMISSION LINE SITE IN THE SENSE THAT IT'S COVERING A MUCH LARGER AREA.

UM, AS YOU GET CLOSER INTO MORE DENSELY POPULATED AREAS, DOWNTOWN AREAS, THEN YOU CAN DO THE SMALL CELL SITES, EVERY FEW BLOCKS.

AND THAT PROVIDES THE EVEN BETTER, UH, DATA CAPACITY FOR THOSE SITES WHERE YOU HAVE A LOT OF USERS.

SO IT'S JUST, IT'S PART OF THE EVOLUTION.

UM, THIS TOWER WILL BE DESIGNED FOR VERIZON, BUT FOR TWO OTHER USERS.

SO IT WILL BE SOMETHING THAT OTHER TWO OTHER CARRIERS CAN CO LOCATE ON AS WELL, IF THEY HAVE A NEED IN THE AREA.

OKAY.

THANK YOU.

OKAY.

YOU'RE GOOD.

OKAY.

NOW ONLY ONE COMMENT.

I, I, I DIDN'T KNOW ANYBODY OTHER THAN ME STILL CALL IT, CALLS IT VETCO.

UM, SO IT'S A LONG TIME I TOLD YOU I STILL IN MY AGE.

YEAH.

I THOUGHT I WAS THE ONLY ONE THAT'S STILL CALLING PEPCO.

UM, I DON'T HAVE ANY QUESTIONS, SO, UM, THANK YOU, MS. MURPHY.

AND, UH, I THINK WE HAVE ANOTHER, UH, SOMEONE'S SIGNED UP TO SPEAK AND, UH, IS IT BETH MCGOLDRICK? YEP.

IS IT BETH BET.

OKAY.

THANK YOU.

BET.

PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD.

MY FULL NAME IS ELIZABETH NEWBY MCGOLDRICK.

UM, MR. CHAIRMAN AND MEMBERS.

I HAVE SOME CONCERNS ABOUT THIS.

WE, UM, OUR HOUSE, WE ARE, WE LIVE AT ONE OH FOUR WORLD GRANT DRIVE.

SO WE ARE RIGHT WHERE THIS TOWER IS BEHIND OUR HOME.

UM, SO I ASK YOU TO THINK ABOUT IT AS IF THIS WERE YOUR HOME.

WE MOVED BACK HERE AFTER BEING AWAY FOR 23 YEARS.

I MEAN, HE CAME BACK TO THE SAME HOUSE BECAUSE WE WANTED TO LIVE THERE AND WE COULD HAVE LIVED ANYWHERE IN THE WORLD.

WE TRAVELED FOR THREE YEARS.

WE COULD HAVE GONE ANYWHERE, BUT WE WANTED TO COME BACK TO THAT HOME.

I HAVE CONCERNS ABOUT THIS ONE, I THINK WAS CLARIFIED TOWARD THE END OF MS. MURPHY'S PRESENTATION ABOUT LIGHTING.

WE GET LIGHTS.

YEAH.

AND OUR PROPERTY, WHICH IS FINE, UM, FROM THE SCHOOL.

CAUSE I'M ALL THAT SECURITY.

MY HUSBAND'S A RECOVERED, RETIRED FEDERAL AGENT.

SO SECURITY IS A BIG THING.

I AM WORRIED ABOUT SECURITY OF WHERE THIS IS LOCATED BECAUSE TOWERS ARE ON 30% OF SCHOOL PROPERTIES THAT DOES NOT SOUND TO ENCOURAGE THEM TO MAKE, IF YOU WANT TO SAY 90%, I'M LIKE, WELL, MAYBE THEY LOOKED INTO THIS 30%.

I'M NOT TOO SURE.

CAN YOU SPEAK IN A MICROPHONE? I'M SORRY.

I'M I'M NOT TOO SURE THAT, UM, THESE TOWERS BEING ON 30% OF SCHOOL PROPERTIES IS A GOOD THING.

AND I WOULD ENCOURAGE OR IMPLORE TO LOOK MORE DEEPLY AT THIS WHERE THESE SITES ARE GOING, WHERE THESE TOWERS ARE GOING.

UM, IS LIGHTING, DID I HEAR YOU SAY LIGHTING WILL NOT BE AN ISSUE ON THIS TOWER? THAT WAS ONE OF MY QUESTIONS.

UM, SECURITY.

MY DAUGHTER LOST A FRIEND WHO CLIMBED A TOWER, TOOK A LADDER WITH HIS BICYCLE AND DROVE TO A TOWER, GOT UP AND JUMPED AND DIED.

I AM WORRIED ABOUT HOW THIS IS GOING TO BE HIDDEN OR NOT HIDDEN.

IS IT REALLY GOING TO BE SECURE? UM, IF YOU'VE BUILT PLENTY OF THESE OTHER TOWERS, HAVE THERE BEEN ANY OTHER PROBLEMS WITH VANDALISM SECURITY? AGAIN, I FEEL LIKE IT'S OKAY TO MAKE A DECISION IN THE MOMENT ON CERTAIN ISSUES.

I DON'T THINK THIS IS ONE OF THEM.

UM, I THINK IT SHOULD BE LOOKED AT HARDER, MORE IN DEPTH.

IT'S HARD FOR ME TO BELIEVE THERE'S NOT A BETTER LOCATION THAN QUEENS LAKE MIDDLE SCHOOL, RIGHT BEHIND OUR HOUSE.

AND SO YOU HAVE WALTER RAMBLE LIVES NEXT DOOR TO US.

I'M ACTUALLY SURPRISED HE'S NOT HERE, BUT, UM, I'M, I THINK I'M SPEAKING FOR THE, UH, A GENERAL AREA, NOT JUST OUR HOME, THAT I WON'T BE AT THE NEXT MEETING.

IF THERE WE TABLE THIS FOR A LITTLE BIT AND LOOK AT REALLY WHAT WAS COVERED WERE ALL SITES AT, CAUSE I THOUGHT OF THE SAME THING, NEW QUARTER PARK.

I JUST WOULD HOPE THAT WE COULD LOOK AT THIS A LITTLE MORE IN DEPTH AND UM, COME BACK AND, YOU KNOW, MAKE SURE WE COVERED ALL OUR BASES WHEN WE'RE LOOKING AT THIS PARTICULAR ISSUE AND THIS PARTICULAR LOCATION.

THANK YOU, MR. CHAIRMAN MEMBERS.

THANK YOU.

I DON'T HAVE ANYONE ELSE SIGNED UP.

IS THERE ANYONE ELSE THAT WISHES TO SPEAK FOR THE, UH, REGARDING THIS APPLICATION HEARING NONE WE'LL CLOSE THE PUBLIC HEARING, UM, TO BRING US BACK FOR DISCUSSION WITH THE COMMISSION, ANY COMMENTS I'LL COMMENT ON, ON, UH, JUST HOW THE

[01:00:01]

TOWERS LOOK.

MY WIFE AND I WERE DRIVING AROUND AND WE'VE LOOKING AT FOUR CELL TOWERS WITHIN THE COUNTY AND OTHER PLACES.

AND WE FOUND WE REALLY, I HAD TO POINT THEM OUT TO HER AS I WAS DRIVING DOWN THE ROAD AND MANY MILES THAT THERE'S ONE OVER THERE AND THERE'S ONE OVER THERE BECAUSE MOST OF THE TIME, AT LEAST I JUST KIND OF GLAZE OVER THE TOWERS UP THERE.

I KNOW WHAT THEY ARE THEN, UNLESS I ACTUALLY AM LOOKING FOR A TOWER, I DON'T SEE IT.

IT DOESN'T REGISTER IN MY CONSCIOUS WHATSOEVER.

AND SO I KNOW THERE'S A LOT OF CONCERN HOW IT LOOKS AND, AND ALL OF THAT, BUT NO, WHEN MY WIFE DOESN'T SEE IT, YOU KNOW, I CAN'T HELP THINK IT'S NOT A BIG DEAL.

THANK YOU.

OKAY, MR. JOHN? YES.

UM, I THINK IT'S IMPORTANT TO SAY THAT THE SCHOOL BOARD OWNS THAT PROPERTY AND THEY DID VOTE IN NOVEMBER, UH, UNANIMOUSLY FIVE ZERO TO APPROVE THIS LEASING PRIOR TO IT COMING TO US.

AND THEY ARE, THEY HAVE, I MEAN, THEY ARE, TO ME, THE GUARDIANS, THEY HAVE THE FIRST LINE SOON SPEAK TO ISSUES, YOU KNOW, WITH, REGARDING TO SAFETY AND ET CETERA.

SO THE FIRST THING I DID BECAUSE IT'S NOT IN OUR MATERIAL, I DID CALL THE REPRESENTATIVE ON THE BOARD FROM DISTRICT ONE.

AND IN TURN, GOT A CALL FROM THE ATTORNEY WHO TOLD ME WHAT HAD TAKEN PLACE.

SO, UH, GIVEN THE FEDERAL COMMUNICATIONS ACT 1996 AND ITS PARAMETERS THAT IT ALLOWS US TO MAKE A DECISION, UH, BECAUSE I DON'T WANT TO EXPOSE US TO LITIGATION BY DELAY.

AND THAT'S ONE OF THE THINGS THAT THEY MENTIONED, UH, THAT'S PROHIBITIVE, BUT ALSO THE SCHOOL BOARD.

UH, IT MADE ME RELAX A LITTLE BIT BECAUSE THE SCHOOL BOARD DID APPROVE THIS.

SO I'D LIKE TO SAY THAT AS A MATTER OF RECORD, BECAUSE IT'S NOT CONTAINED IN THE APPLICATIONS THAT YOU HAVE.

AND I THINK IT'S A FORT THAT WE HEAR THIS, UH, IN OUR CONSIDERATION, BUT I DID FACTOR THAT INTO DETERMINING HOW I WILL VOTE TONIGHT ON THIS APPLICATION.

I JUST WANT TO SEND THAT TO YOU.

THAT'S ALL.

YEAH.

I'M HERE.

ANY COMMENTS? YES.

MR. CHAIRMAN.

YEAH.

UM, UH, WHERE I LIVE, UH, I SEE A, UM, A TOWER THAT'S IN COSA, MAN.

IT'S A TOWER THAT IS NOT AS WELL-DESIGNED AS THIS.

IT'S VERY, UM, SPIDER, UH, S UH, OUT AND IT'S LIGHTED AS WELL.

AND, UM, UH, I, I DO NOT HAVE ANY PROBLEM WITH THE TOWER.

IT, IT ALLOWS ME TO COMMUNICATE AND, UH, THAT'S WHERE IT ALL ENDS.

SO, UH, I HAVE NO ISSUE WITH THIS, UM, PROPOSAL, UM, IF I COULD PRONOUNCE YOUR LAST NAME OR NOT AGAIN, BUT, UH, BET WAS YOUR FIRST NAME, I'M SORRY ABOUT THE LOSS OF, UH, YOUR FAMILY FRIEND WHO CLIMBED A TOWER.

I, I'M NOT SURE PUTTING THIS SOMEWHERE ELSE WOULD PREVENT SOMEONE FROM DOING SOMETHING LIKE THAT.

UM, I DON'T KNOW, BUT MY KNOWLEDGE OF SEEING THESE THINGS THERE, UH, LOCKED, SURROUNDED BY A FENCE, HIGHLY SECURE, UH, THE NETTING PREVENTS KIDS FROM CLIMBING IN.

IF THERE IS A BALL THAT GOES IN IT, NO ONE CAN GET INSIDE OF IT.

UH, I THINK IT'S SAFE FROM THAT STANDPOINT ALSO COMMENT.

WE TALKED A LOT ABOUT SAFETY HERE, UH, PROVIDING CELL COVERAGE TO THE RESIDENTIAL COMMUNITY, ESPECIALLY LOOKING AT THE GRAPHICS THAT WE SAW HERE UM, THIS IS INCREASING SAFETY FOR SOMEONE, UH, HAVING THE CAPACITY TO UTILIZE THEIR CELL PHONE FOR CALLING A, AN EMERGENCY OR SOMETHING OF THAT NATURE.

UM, THE SCHOOL SITES ARE GENERALLY LARGE, 15 TO 20 ACRES.

UH, THEY MAKE AN IDEAL PLACE TO PUT A CELL TOWER 25 YEARS AGO.

THESE THINGS THAT MS. MURPHY DESCRIBED WERE, UH, LIKE IN THE EARLY PART OF THE 19 HUNDREDS, WHEN TELEPHONE POLES CAME INTO EXISTENCE, EVERYBODY WAS FRIGHTENED TO DEATH, THOUGHT IT WAS GOING TO CAUSE CANCER AND ELECTROMAGNETIC RADIATION.

AND WE FOUND OVER THE LAST 25 YEARS THAT WE LIVE THESE THINGS AND THEY BLEND IN TO THE SURROUNDINGS BECAUSE THEY'RE PART OF THE INFRASTRUCTURE.

AND THIS IS PART OF DELIVERING SERVICES THAT ARE NEEDED TODAY.

SO WITH THAT, I'M GOING TO BE IN SUPPORTIVE AND WE'VE HEARD FROM OUR COMMISSIONER.

SO I'LL ENTERTAIN A MOTION, MR. CHAIRMAN, I WOULD LIKE TO MOVE FORWARD, UH, BY PROPOSING THAT WE, UM, MOVE APPROVAL FOR THESE APPLICATION PIECE PEAKS RESOLUTION, PC 21 DASH EIGHT, SUBJECT TO THE CONDITIONS SET FORTH.

THANK YOU, MR. JOHNS, MS. LINSON BIGLER, PLEASE CALL THE ROLL.

THE MOTION BY MR. JOHNS IS TWO ADULTS PC 21 DASH EIGHT TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZE A COMMUNICATIONS TOWER AT ONE 24 WEST QUEENS DRIVE.

MR. STARK.

YES.

MR. PETERMAN.

YES.

MR. JOHNS, MR. TITUS.

YES.

MR. KING.

YES,

[01:05:01]

THE MOTION PASSES FIVE TO ZERO.

OKAY.

AND I ASSUME THIS ACROSS, THIS IS A JUNE.

WELL, AGAIN, NOT SURE JUST WHEN MIGHT ACTUALLY BE BUMPED TO JULY THAT, UH, WITH TONIGHT'S APPLICATIONS, WE HAVE FIVE, WE'RE GOING TO HAVE FIVE THAT ARE IN THE HOPPER.

OKAY.

THEY'RE PROBABLY GOING TO NEED TO BE SPREAD OUT BETWEEN JUNE AND JULY.

OKAY.

GOT IT.

OKAY.

THANK YOU.

UM, ALL RIGHT.

[Application No. YVA-45-21, Jacques van Montfrans and Elizabeth Wilkins]

THAT MOVES US TO APPLICATION NUMBER W A Y VA YORKTOWN BIDDLE VILLAGE ACTIVITY DASH 45 DASH 21.

AND IT LOOKS LIKE MR. ANDERSON.

YOU'RE UP AGAIN, UP AGAIN? UH, LET ME PRONOUNCE THIS RIGHT.

JOCK VAN AND ELIZABETH WILKINS.

OKAY.

YES.

SO THEY ARE REQUESTING, UM, IN YORKTOWN A ZONING DISTRICT, THE HISTORICAL VILLAGE AREA REQUEST TO REDUCE THEIR SIDE YARD SETBACK ON THEIR PROPERTY IS A TWO TO EIGHT CHURCH STREET, WHICH IS SHOWN HERE IN THE MAP, UH, OUTLINED IN RED.

UH, THE SURROUNDING AREA IS ALL ZONED YORKTOWN, WHICH IS A SPECIAL DISTRICT.

I'LL TALK ABOUT IN JUST A MOMENT.

UM, MOST OF THE PROPERTIES AROUND ARE, UM, SINGLE FAMILY HOMES OR VACANT NATIONAL PARK SERVICE PROPERTY.

UM, ACTUAL READOUT RUNS HERE ALONG THIS PROPERTY BETWEEN HERE AND THE OLD NANCY THOMAS GALLERY, WHICH IS NOW THE YORKTOWN COTTAGES, UM, OR A SHORT TERM RENTAL AREA AND THE YORKTOWN APARTMENTS, UH, THAT THE READOUT KIND OF RUNS AROUND THIS WAY.

AND ALL OF THIS PROPERTY IS ALL OWNED BY THE NATIONAL PARK SERVICE AND THEY ARE REQUESTING A FIVE YARD OR SORRY, FIVE FOOT SETBACK, UH, WHICH IS, UH, A LITTLE BIT DIFFERENT THAN THE REQUIRED 10 FOOT, UH, THAT WE NORMALLY HAVE.

UH, YORKTOWN IS LOOKED AT AS A HISTORICAL VILLAGE AND THE BOARD HAS TRIED TO TREAT IT IN THAT SENSE, UH, CREATING A SPECIAL ZONING DISTRICT THAT ALLOWS MORE FLEXIBILITY, UH, FOR THE HISTORIC STRUCTURES AND SOME OF THE OTHER STRUCTURES THAT ARE IN THE VILLAGE, UH, TO CONTINUE AND TO ASK FOR DIFFERENT THINGS, UH, WHERE NORMALLY YOU MIGHT SEE THIS GO TO A BOARD OF ZONING APPEALS FOR A VARIANCE IN THE SETBACK.

YORKTOWN ACTUALLY ALLOWS THE PLANNING COMMISSION AND THE BOARD OF SUPERVISORS TO RULE ON THOSE CHANGES RATHER THAN HAVING TO GO THROUGH THAT PROCESS, UM, WHICH, UH, WHICH IS ALLOWED.

SO THE, UM, THE YORKTOWN VILLAGE ACTIVITIES ZONING DISTRICT DOES, UH, TALK ABOUT SETBACKS AND THE SIDE YARD SETBACK IS SHOWN AS BEING 10 FEET, BUT IT DOES ALLOW THE BOARD AND THE PLANNING COMMISSION TO LOOK AT SPECIAL CASES AND, UH, CHANGE THAT IF THEY FEEL IT IS OKAY.

UH, THIS IS THE PLAN FOR THE PROPERTY I'VE OUTLINED IN RED, WHERE THEY'RE ASKING FOR THE NEW PORTICO.

UH, THE DASH LINE IS THE BUILDING SETBACK LINE.

UM, THEY CURRENTLY HAVE A STOOP THAT IS THERE, WHERE STAIRS ARE LOCATED.

UM, AND THEY BASICALLY WANT TO PUT A ROOF OVER THAT STOOP.

UM, THE REASONING IS THEY'RE GETTING A LOT OF RAIN WATER ON THAT DOOR AND HE SAID, HE'S HAD TO REPLACE THAT DOOR TWICE AND LIKE THE LAST 10 YEARS.

AND SO HE WANTS TO PUT A ROOF THERE TO KIND OF HELP WITH THAT SITUATION.

SO TO DO THAT, HE'S GOING INTO THE SETBACK AND, AND WANTS TO, UM, BE ABLE TO PUT THAT.

AND THAT'S WHAT, THAT'S WHY HE'S REQUESTING THE REDUCED SETBACK.

UH, SO YOU CAN SEE THE STOOP IS ALREADY IN EXISTENCE.

UH, THIS WOULD JUST PUT A ROOF OUT OVER IT AND YOU CAN SEE THAT IS THE COUPLE OF PICTURES I HAVE OF IT.

UM, THIS ONE, THE PREVIOUS ONE, IF I CAN GO BACK TO IT HERE, YOU CAN SEE.

SO IT IS VERY, IT'S ALREADY VERY CLOSE TO THE ADJACENT STRUCTURE.

UH, SO IT REALLY WOULDN'T BE TOO MUCH OF AN IMPACT, UM, ON THAT STRUCTURE.

AND THIS IS KIND OF, THIS IS WHAT LOOKING ON A TERM STRAIGHT, YOU CAN SEE THE ROOF BUMPING OUT.

IT LOOKS EVEN BETTER THIS WAY WHEN YOU SEE IT FROM THIS WAY.

SO YOU CAN SEE THEY'RE JUST COVERING IT.

THEY DON'T WANT TO ENCLOSE IT OR ANYTHING OF THAT NATURE.

THEY JUST WANT TO PUT A ROOF OVER IT.

UM, I WILL NOTE THAT, UH, YOUR YORKTOWN DOES HAVE A HISTORICAL ARCHITECTURAL COMMITTEE THAT REVIEWS ALL THESE CHANGES.

SO ONCE IT'S APPROVED BY THE BOARD, UH, THEY, THE, UH, BOND MONT FRONDS WILL BRING FORWARD THEIR OUT, UH, PERMIT THEIR APPLICATION TO THE YORKTOWN HISTORICAL DESIGN COMMITTEE WHO WILL REVIEW IT FOR THEIR ARCHITECTURAL REASONS, BUT NOT FOR SETBACK THERE.

THEY ONLY THERE FOR THE ARCHITECTURAL COMPONENTS OF IT.

UH, THE BOARD HAS REALLY STRIVE TO PROTECT YORKTOWN AND THE CHARACTER AND SIGNIFICANT HISTORY THAT YORKTOWN REPRESENTS.

THEY, AS I SAID, HAVE THIS VERY SPECIAL ZONING DISTRICT, THEY HAVE A SPECIAL DESIGN GUIDELINES THAT PROTECT THE ARCHITECTURE.

UH, WE DON'T FEEL THIS IS GOING TO BE REALLY ANY CLOSER THAN THE EXISTING STOOP ALREADY IS.

UM, AND SO PUTTING IT ON THERE IS NOT THAT, UM, IT DOESN'T COMPLICATE THE SITUATION ANYWAY.

UM, IF YOU LOOK AT SOME OF THE OTHER PROPERTIES, WHICH I SHOULD HAVE NOTED WHILE I HAD THE MAPS UP, YOU'LL SEE THAT MOST OF THEM DON'T MEET THE SETBACK REQUIREMENTS.

AS I SAID, THAT ONE STRUCTURE THAT'S ADJACENT

[01:10:01]

NEXT DOOR IS ALREADY ON THE SECOND, UH, SIDE YARD.

SO, UM, THAT'S FINE.

UH, AS, AS THERE ARE OTHER STRUCTURES THAT JUST DON'T MEET IT IN YORKTOWN, UH, WE DO THINK THAT THIS, YOU KNOW, THE DESIGN OF IT AND, AND HOW THEY'RE DOING IT IS, IS CONSISTENT WITH WHAT YOU SEE AROUND YORKTOWN.

A LOT OF THEM HAVE PORCHES AND THINGS OF THAT NATURE.

SO IT DOES KIND OF BLEND IN VERY NICELY.

SO WE ARE RECOMMENDING APPROVAL OF THE REDUCTION IN SETBACK, AND, UH, WE HAVE PROPOSED A CONDITION, UH, OR A RESOLUTION NUMBER PC 21 DASH 10 THAT, UH, UH, THAT YOU CAN USE, UH, FOR THAT APPROVAL.

THANK YOU, MR. , ANY QUESTIONS OF MR. ANDERSON HEARING NON THANK YOU, MR. ANDERSON, WITH THAT OPEN UP TO PUBLIC HEARING, AND I DON'T HAVE ANYBODY SIGNED UP.

DOES ANYBODY WISH TO SPEAK TO THIS APPLICATION? HEARING NONE CLOSE A PUBLIC HEARING? BRING IT BACK TO THE COMMISSION.

ANY COMMENTS MR. TITUS? NO REAL COMMENTS.

I, UH, OKAY.

I LOOKED AT IT FROM THE STOOP COMING DOWN AND I WANTED TO MAKE SURE THAT THE RAIN WATER, IF IT COMES OFF OF THAT, IF IT'S NOT, UH, GO SEE THE PROPERTY TO TWO 26 OF WHATEVER IT IS TO IGNORE.

SO IF THERE'S A GUTTER SYSTEM INVOLVED, BUT THAT'S KIND OF BEYOND US, THAT'S THE ARCHITECTURE KIND OF FOLKS.

THAT'S ALL DENISON, NO COMMENTS.

OKAY.

I DON'T HAVE ANY COMMENTS, EITHER DROVE BY IT TODAY.

MOST OF US ON THE SIDE, YOU CAN'T SEE IT FROM THE STREET.

UH, I'M HAPPY THAT YOU'RE DOING SOMETHING CONSISTENT.

IT'S PROBABLY WE'D REQUIRED ANY WAYS BY THE, UH, ARCHITECTURAL REVIEW.

I DON'T THINK THE FIVE FOOT IS GOING TO MAKE A DIFFERENCE AND YOUR NEIGHBORS ARE GOING TO SEE SOMETHING GENERALLY CONSISTENT WITH WHAT THEY'RE ALREADY LOOKING AT.

SO I HAD A FAVOR THAT MR. I APOLOGIZE.

I FORGOT TO NOTE THAT THE APPLICANTS ARE ACTUALLY NOT HERE.

OKAY.

THEY, UH, THEY THOUGHT YOU WERE GOING TO HAVE A VIRTUAL MEETING IN MAY.

AND SO THEY ACTUALLY ARE IN UTAH RIGHT NOW, VISITING THEIR FAMILY AND THEY APOLOGIZE.

THEY DIDN'T REALIZE THIS WAS NOT GOING TO BE AN EMPEROR FOR, THERE WAS NOT GOING TO BE A VIRTUAL MEETING.

SO I FORGOT.

I MEANT TO SAY THAT TO THEM, TO YOU.

WELL, THANK YOU.

THEY ARE GOING TO BE HERE FOR THE BOARD MEETING, BUT THEY, THEY, THEY APOLOGIZE FOR NOT BEING HERE TONIGHT.

THANK YOU, MR. ANDERSON, WE'RE GOING TO ENTERTAIN A MOTION.

SOMEBODY CHAIRMAN, I ENTERTAIN A MOTION THAT WE SIM PC PC 21 DASH 10 PRIZES FOR APPROVAL.

YOU HAVE A MOTION ON THE TABLE, MS. LINDEN BIGLER, PLEASE CALL THE ROLL.

THE MOST OF MY MR. TITUS, THIS IS TO ADOPT RESOLUTION PC 21 DASH 10 TO RECOMMEND APPROVAL OF A REQUEST TO AMEND THE SETBACK FOR AN ADDITION AT TWO 28 CHURCH STREET, MR. STERK.

YES.

MR. PETERMAN.

YES.

MR. JOHNS, MR. TITUS? YES.

MR. KING.

YES, THE MOTION PASSES FIVE TO ZERO.

OKAY.

UM,

[7. Old Business]

THAT TAKES US TO A JEN ITEM, NUMBER SEVEN OLD BUSINESS, ANY OLD BUSINESS HEARING, NON

[8. New Business – Short-Term Rentals (memo attached)]

GENDER ITEM, NUMBER EIGHT, NEW BUSINESS SHORT-TERM RENTAL MEMO ATTACHED.

IT WAS IN YOUR PLANNING COMMISSION PACKET.

IT LOOKS, IT APPEARS AS IF THAT, UM, COUNTY ASKING THE COMMISSION TO HOLD A SPECIAL MEETING.

IS THAT RIGHT? MR. CROSS? YES.

END OF JULY.

SOMETIME IN JUNE, JUNE OR JULY, WE HAVEN'T FIRMED IT UP YET.

OKAY.

UH, WE WE'D LIKE TO RECOMMEND THAT YOU ALL SCHEDULE A SPECIAL MEETING AND THEN WE'LL WORK OUT THE DETAILS AS FAR AS WHEN, BUT THE GENERAL TIMEFRAME THAT WE'RE LOOKING AT IS, IS JUNE, JULY.

OKAY.

UM, I UNDERSTAND IT'S GONNA BE A QUASI WORK SESSION SLASH UH, WE, WE'RE TRYING TO, YOU KNOW, TYPICALLY IN YOUR WORK SESSIONS, YOU DON'T ALLOW PUBLIC COMMENT AND, UH, IN THIS CASE, WHAT WE'RE, WE'RE TRYING TO DO, UH, AS YOU READ IN THE MEMO, UH, I DON'T KNOW THE COUNTY ADMINISTRATOR, UH, AND I'VE BEEN MEETING WITH, UH, UH, SOME CITIZENS, UH, WHO EXPRESSED AN INTEREST IN THE SHORT-TERM RENTAL, UH, REGULATIONS.

AND, UM, W WHAT WE ARE TRYING TO ORGANIZE IS, UH, SORT OF A DIFFERENT KIND OF WORK SESSION THAT WHERE WE WOULD HAVE NOT JUST PUBLIC COMMENT, BUT DIALOGUE BACK AND FORTH, UH, BETWEEN AMONG THE STAFF, THE COMMISSION, THE CITIZENS, AND THE STAFF.

SO IT, I THINK WE DESCRIBED IT IN THE MEMO.

IT WAS A PART WORK SESSION PARK, UH, COMMUNITY FORUM.

UH, SO IT WOULDN'T BE AS RESTRICTIVE AS YOUR TYPICAL WORK SESSIONS ARE.

UM, AND SO WHAT WE'D LIKE TO DO IS, UH, SEND YOU ALL OUT SOME DATES AND, UH, GET TO GET YOUR FEEDBACK AND WE'LL PICK THE ONE THAT WORKS BEST.

UH, I CAN TELL YOU, IT WILL NOT BE ON A WEDNESDAY, A MEMBER OF THE CITIZEN GROUP THAT WE'VE BEEN MEETING WITH CAN NOT MEET ON WEDNESDAY.

THEY WOULD SORT OF BE A TUESDAY OR THURSDAY IN JUNE OR JULY.

OKAY.

THANK YOU, MS. CROSS, I, I, YOU KNOW, I'M GOING TO SPEAK FOR THE COMMISSION, BUT FOR MYSELF, THE SHORT TERM RENTAL THING, VERY IMPORTANT, I THINK CRITICAL THAT WE GET SOME INPUT ON THIS SUBJECT.

UH, WE NEED

[01:15:01]

TO HEAR FROM THE CITIZENS AND, UH, NEED DIRECTION BECAUSE IT'S NOT GOING TO STOP.

I DON'T THINK SO.

I'M IN FAVOR OF IT.

ACCORDING TO MEMO AS CHAIR, I CAN, I CAN SAY WE'RE GOING TO HAVE IT, BUT I DON'T WANT TO BE TOO HEAVY HANDED ANY OBJECTIONS TO HAVING A SPECIAL MEETING IN OUR FAVOR IN JULY, BUT SECOND HALF OF JULY, ANYBODY, ANYBODY OPPOSED? OKAY.

DO WE, UH, MR. ATTORNEY, DO WE NEED A SPECIAL, A LITTLE, YES.

I'D LIKE TO SAY SOMETHING BECAUSE I'M, I'M REPRESENTATIVE OF DISTRICT ONE, AND I'VE HAD NUMEROUS MEETINGS WITH CITIZENS THAT ARE VERY CONCERNED ABOUT THIS ISSUE.

AND SO I WELCOME THE OPPORTUNITY, UH, EVEN THOUGH IT'S THE FIRST TIME IT'S A PRECEDENT.

I THINK CITIZENS ARE CLAMORING FOR MORE INPUT AND MORE DIALOGUE BETWEEN LOCAL GOVERNMENT OFFICIALS AND COMMISSIONS TO HEAR EXACTLY WHAT THEY THINK.

SO I WELCOME THIS.

I'M VERY GLAD TO HEAR THIS.

AND I THINK THAT IF WE CAN ONLY MAKE THE, WE PROBABLY CAN BE BETTER.

I THINK WHAT WE'RE DOING IS GOOD, BUT TO ME, YOU DON'T HAVE TO BE SICK BEFORE YOU DECIDED TO GET BETTER, AND IT HAS AN IMPACT.

SO I THINK WE NEED TO LOOK AT IT.

I WELCOME THAT AND I'M EXCITED ABOUT IT.

SO IT'S ALL I WANTED TO SAY, BUT I CERTAINLY SUPPORT.

SO I WANT TO MAKE THAT VERY CLEAR.

ALL RIGHT.

THANK YOU, MR. JOHNSON.

I APPRECIATE IT.

UH, MR. ATTORNEY, DO I NEED TO DO ANY SPECIAL THING TO, UH, CALL FOR A SPECIAL MEETING? DO WE NEED A VOTE OR ANYTHING? NO.

MR. CHAIRMAN, UM, IT'S, UH, DATE TO BE SET AND THE COUNTY WILL PROVIDE PUBLIC NOTICE.

OKAY.

ALL RIGHT.

WELL, THANK YOU.

WE'RE GOOD.

SO, LOU WE'LL LOOK FORWARD TO, I GUESS, A DOODLE POLL OF SOME SORT, UH, MR. CROSS FOR THE COMMISSIONERS.

YES, SIR.

OKAY.

THAT

[9. Staff Reports/Recent Actions by the Board of Supervisors ]

LEADS US TO AGENDA ITEM NUMBER NINE, STAFF REPORTS AND ACTIONS ABOUT RECENT ACTIONS BY OUR BOARD OF SUPERVISORS, MR. CROSS.

OKAY.

THANK YOU, MR. CHAIRMAN, UH, FIRST WELCOME BACK TO YOUR CALL.

UH, FEELS GOOD TO BE BACK IN THIS ROOM.

UH, WE HAVEN'T BEEN IN HERE SINCE NOVEMBER FOR A, I'VE BEEN REMISS.

I'M GLAD TO SEE YOU SITTING ON HER LEFT AND RIGHT.

INSTEAD OF LOOKING AT IT, LOOKING FOR TRYING TO PAY STU MY ZOOM TO LOOK FOR YOU IN A LITTLE CUBE PICTURE ON THE RIGHT-HAND SIDE.

SO IT'S NICE TO HAVE YOU GUYS BACK APPRECIATE IT.

UH, AS FAR AS RECENT ACTIONS BY THE BOARD, THEY APPROVED THEIR APRIL 20TH MEETING.

THEY APPROVED THE PESKY HOME OCCUPATION APPLICATION FOR FIREARM SALES GUN SMITHING ON HENRY LEE LANE.

UH, NEXT WEEK THEY WILL CONSIDER THE REZONING APPLICATION ON, UH, HAMPTON HIGHWAY THAT YOU ALL CONSIDERED A COUPLE OF MONTHS AGO THERE ON THE NORTH SIDE OF ROUTE ONE 34 DOWN IN THE TAB AREA.

AND THEY WILL ALSO CONSIDER THE, UH, TOURIST HOME APPLICATION ON LAFAYETTE ROAD THAT YOU ALL CONSIDERED LAST MONTH.

YOUR JUNE 9TH AGENDA HAS JUST ONE APPLICATION, AND THAT IS A USE PERMIT FOR A VETERINARY CLINIC ON ROUTE ONE 34.

UH, NOT TOO FAR DOWN THE ROAD, I GUESS, FROM, FROM THE REZONING APPLICATION, ACTUALLY DOWN AROUND THE YORK, UH, YORKSHIRE DOWNS IN THAT AREA, UH, THERE AT THE CORNER OF, I BELIEVE IT'S ASKED ABOUT DRIVE IN HAMPTON HIGHWAY.

SO THAT'S A USE OF PERMIT FOR A VETERINARY CLINIC, AND THAT'S THE ONLY ITEM ON THAT AGENDA.

I HAVEN'T, WE HAVEN'T FORGOTTEN ABOUT THE HOME OCCUPATIONS TEXT AMENDMENT.

UH, THEY'RE GOING TO GO TO THE BOARD IN THE NEXT FEW MONTHS.

UH, I KNOW THAT ONE'S BEEN HANGING OUT THERE FOR AWHILE, UH, ALL RIGHT, BUT THAT WILL BE GOING FORWARD IN A FEW MONTHS.

AND, UH, I'M SAD TO ANNOUNCE THAT THIS IS PROBABLY MS. LINSON BIGLER, HIS LAST MEETING WITH US.

UH, SHE'S TAKEN A POSITION IN THE COUNTY ATTORNEY'S OFFICE, UH, WHICH IS GOOD FOR HER BAD FOR US.

UH, SHE'S BEEN A REAL ASSET TO THE DIVISION AND TO THE COMMISSION AND, UH, WE'RE SORRY TO SEE HER GO, BUT WE'RE HAPPY FOR HER AND AT LEAST SHE'S NOT LEAVING THE COUNTY.

SO WE'RE GLAD ABOUT THAT.

WISH YOU ALL THE BEST, THIS ONE'S IN BAYLOR.

AND, UH, WE WILL ALSO BE LOSING OUR LEGAL COUNSEL.

MR. ATKINS ASSISTANT COUNTY ATTORNEY, UH, IS MOVING ON.

SO THIS WILL BE HIS LAST MEETING AND, UH, UH, THAT'S UNFORTUNATE TOO.

UH WE'RE, WE'RE SORRY TO SEE HIM GO.

UM, BUT, UH, I'M SURE WE WILL HAVE SOMEBODY SITTING OVER THERE AT THE JUNE MEETING, UH, TO PROVIDE YOU WITH JUSTIN, UH, LEGAL COUNSEL.

AND IN FACT, THE COUNTY ATTORNEY HAS ASSURED ME THAT WE WILL, UM, WE WILL HAVE REPRESENTATION FROM THAT ALL.

CAN WE STOP IT THERE? YEAH.

NOBODY ELSE.

NOBODY ELSE IS LEAVING, UH, THE

[01:20:01]

STAFF.

HMM.

OKAY.

ALL RIGHT.

WELL, THANK YOU, MR. CROSS.

I APPRECIATE THAT.

THANK YOU FOR THE UPDATE.

ANY QUESTIONS OF MR. REGARDING OUR DEVELOPMENT SUMMARY HEARING NONE.

UM, THAT BRINGS US TO 10

[10. Committee Reports]

GENDER ITEM, NUMBER 10 COMMITTEE REPORTS.

UM, OUR 2040 COMP PLAN COMMITTEE MET, UH, AND WE MET AT THE SENIOR CENTER IN PERSON FOR THE FIRST TIME IN A LONG TIME.

IT WAS A YEAR, MAYBE A YEAR.

YEAH, IT'S BEEN A YEAR.

SO WE'VE BEEN DOING THE ZOOM THING.

UH, WE DISCUSS THE ECONOMIC DEVELOPMENT CHAPTER.

THERE WAS A LIVELY DISCUSSION.

I HAVE TO SAY.

UM, WE HAD OUR ECONOMIC DEVELOPMENT DIRECTOR, MR. NOEL THERE, AND, UM, OUR BOARD MEMBER, UH, MR. GREEN, UH, WE HAD A FULL, UH, FULL COMMITTEE, OUR YOUTH REPRESENTATIVE, UM, JACOB RIZZO, THANK YOU.

UH, RECEIVED AN AWARD FROM THE COUNTY FOR HIS CONTRIBUTION AND BOTH IN THE YOUTH COMMISSION AND SECOND FOR THE COMP PLAN COMMITTEE.

AND HE RECEIVED A THOUSAND DOLLARS SCHOLARSHIP FROM THE COUNTY TOWARDS HIS UVA.

HE'S HEADED OFF TO UNIVERSITY OF VIRGINIA AND, UH, WE WERE GLAD TO HAVE HIM WHILE WE DID AND ENCOURAGED HIM TO HOPEFULLY COME BACK AFTER HE GRADUATES AND COME AND CONTRIBUTE TO OUR COMMUNITY.

UH, AND MR. JOHNS, UH, YOU HAVE ANYTHING YOU WANT TO ADD FROM OUR, OUR MEETING WE HAD ON THE ECONOMIC DEVELOPMENT CHAPTER? NO, I, I THINK ENOUGH WAS SAID.

I THINK THE ONLY THING I CAN ADD IS THAT, UM, I LEARNED THAT THE, UH, KMART ON WALLER MILL ROAD, UH, WE HAVE TWO LEASES THERE AND I THINK ONE OF THEM IS, UH ALI'S AND, UH, I THINK IT WAS A FURNITURE STORE.

I FORGET THE FORMAL NAME ACTUALLY TRIVETS FOR AN ASHLEY TRIVET.

UH, THAT'S BEEN VACANT FOR A LONG TIME.

AND SO IT WAS REALLY VERY GRATIFYING TO HEAR THAT.

I THINK ONE OF THE DOMINANT CONVERSATIONS DOING THE, UH, MEETING WAS THE ADAPTIVE REUSE OF PROPERTIES THAT ARE VACANT AND NO LONGER BEING USED AND, UH, HOW WE WANT TO TRY TO CONSERVE THE GREENERY, THE LAND.

SO THAT WAS A VERY ACTIVE DISCUSSION.

AND, UM, I THINK THAT WE ARE IN THE RIGHT, YOU KNOW, ZONES SO FAR INSIDE OF THE HOP TRIAL.

WE WERE TRYING TO FIGURE THIS OUT SO THAT THOSE WERE THE HIGHLIGHTS.

SO I DON'T WANT TO GO ON, SO THAT'S IT.

THANK YOU.

AND I, I FORGOT TO MENTION THAT WE'RE LOOKING AT TRYING TO GET OUR AIRPORT DIRECTOR, A NEWPORT NEWS WILLIAMSBURG AIRPORT DIRECTOR TO COME AND TALK TO THE COMMITTEE.

THERE WERE SEVERAL QUESTIONS ABOUT, UH, AIR SERVICE AND HOW IT APPLIES TO ECONOMIC DEVELOPMENT.

SO, UH, WE'RE GOING TO BE WORKING WITH STAFF TO TRY AND GET A PRESENTATION FROM THE, OUR AIRPORT DIRECTOR.

UH, MR. MIKE GIORGIO.

NO, I FORGOT HOW TO PRONOUNCE HIS LAST NAME.

UH, SO THINKING, DID I MISS ANYTHING? WE'RE GOOD.

OKAY.

WELL, WAIT, YOU WANT ME TO DO IT? OKAY.

I WILL.

OKAY.

OH, YOU WANT TO DO IT? OKAY.

WELL, WE ALSO TALKED ABOUT CHARGE STATIONS AND IT'S INTERESTING THAT WAWA HAS EIGHT ON ROUTE ONE 43.

THEY'RE MOSTLY ALL TESLA, TESLA, BUT ALSO A WALMART IS GOING TO MAKE THE SIGNIFICANT INVESTMENT IN HAVING CHARGE STATIONS.

SO I JUST WANTED TO PUT THAT OUT THERE.

AND WE ALSO TALKED ABOUT THE IMPORTANCE OF A BROADBAND SERVICE.

THIS IS GOING TO BE CRITICAL TO THE COUNTY IN TERMS OF MOVING FORWARD AND ATTRACTING INDUSTRY.

SO I WOULD BE REMISS IF I DIDN'T MENTION THOSE TWO.

AND THE LAST ONE I MENTIONED IS THAT I'M DONE.

OKAY.

ALL RIGHT.

UH, THANK YOU, MR. JOHNS, WITH THAT, I'LL MOVE TO

[11. Commission Reports and Requests ]

AGENDA.

ITEM, NUMBER 11, COMMISSION REPORTS AND REQUESTS.

I'M JUST GOING TO, FOR THE RECORD, WE'RE REQUESTING A SPECIAL MEETING.

I DON'T KNOW IF THIS IS THE TIME WE WOULD DO IT, BUT I SAID IT.

THANK YOU, MR. ATTORNEY.

UM, AND AGENDA ITEM NUMBER 12 IS ADJOURN.

THANK YOU.