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[1. Call to Order]

[00:00:09]

CALL THE ORDER, THE YORK COUNTY PLANNING COMMISSION, THE REGULAR MEETING FOR MARCH 9TH, 2022.

SHE CALLED A ROLL PLEASE.

MR. .

MR. TIDE, THIS HERE, MS. LIDO.

DEAR MR. KING.

MR. CRINER, MR. SMITH.

DEAR MR. PETERMAN.

MR. CHAIRMAN, YOU HAVE, I HAVE A QUORUM.

THANK YOU.

UH, 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 AND PLANNING ISSUES AFFECTING THE COUNTY.

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

THE COMMISSION IS COMPRISED OF CITIZEN VOLUNTEERS APPOINTED BY THE BOARD, REPRESENTING EACH VOTING DISTRICT AND TWO AT LARGE MEMBERS EVERYBODY'S STAND AND SAY THE PLACE BLACK UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU, EVERYONE.

UM, AS THE COMMISSIONERS HAD A CHANCE TO REVIEW THE

[4. Approve Minutes – February 9, 2022]

MINUTES FROM LAST MEETING LAST FEBRUARY.

YES.

ANY CHANGES OR CORRECTIONS OR ANYTHING? YES, SIR.

OKAY.

I MOVE TO ACCEPT THE MINUTES AS WRITTEN, WHERE YOU PLEASE CALL ROLL PLEASE.

MR. TITUS, THERE WAS ONE CORRECTION TO THE MINUTES THAT WE DISCUSSED EARLIER.

OH, OKAY.

I WAS UNDER THE IMPRESSION THAT EVERYONE HAD THOSE AT CORRECTION.

IT WASN'T OR ANYTHING.

I DON'T KNOW WHERE THOSE HANDED OUT.

I JUST GAVE THEM.

OH, NO, THE OTHERS DIDN'T THAT'S JUST THE ONE FOR YOU TO SIGN NEW ONE.

UM, W WHAT I'M REFERRING TO IS A, IS AN ERROR THAT, THAT, UH, MR. UH, MR. TITUS CAUGHT, UH, ON PAGE ONE WHERE IT SAYS MR. CRINER MOVED TO ADOPT THE MINUTES.

MR. CRINER WAS NOT AFTER THAT.

MY MISTAKE WE KNOW YOU'RE DEDICATED, BUT WE DIDN'T THINK IT WAS ACTUALLY MR. HOLROYD WHO MADE THAT MOTION? SO THE MINUTES OF RECORD, MR. HALL, ROBERT WAS TELEWORKING ON THE FLAG.

UM, OKAY.

DO WE NEED TO MAKE ANOTHER MOTION TO APPROVE AS AMENDED SO MOVED NOW WE CAN CALL IT THE MOTION BY MR. CRINER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON FEBRUARY 9TH, 2022 AS BRIEF EYES.

MR. HALL WERE RAID WITH THE AMENDMENT APPROVED MISLEADING.

YES.

MR. KING, MR. CRINER, MR. SMITH, MR. PETERMAN, MR. TITUS.

YES, THE MOTION PASSES.

THANK YOU.

NOW'S THE POINT AND THE, UH, MEANING WHERE WE HAVE CITIZEN COMMENTS.

SO ANY CITIZEN CAN COUNT FORWARD AND HAVE A CHANCE TO SPEAK ABOUT MOST, ANYTHING THAT THEY WISH TO, OTHER THAN ANYTHING THAT'S ON THE AGENDA.

NO ONE COME FORWARD.

WE'LL PROCEED ON WITH

[Application No. SE-26-22, SMM Southeast LLC d/b/a Sims Metal Management]

SOME PUBLIC HEARINGS.

THE FIRST ONE IS, UH, APPLICATION NUMBER S C 26 DASH 22 SIM SOUTHEAST.

THAT'LL MANAGE THEM.

AH, THANK YOU.

GOOD EVENING, MR. CHAIRMAN MEMBERS OF THE COMMISSION, AS YOU KNOW, WERE RECOMMENDING THAT YOU ALL TABLE THIS APPLICATION TO NEXT MONTH.

SO I JUST WANT TO GIVE A BRIEF OVERVIEW OF THE APPLICATION RATHER THAN A DETAILED PRESENTATION.

UH, THE APPLICATION IS A REQUEST FOR A SPECIAL EXCEPTION TO AUTHORIZE THE EXPANSION OF A NON-CONFORMING METAL RECYCLING PLANT.

UH, THE BASIC FACTS ARE THESE SIMS METAL.

THE APPLICANT HAS BEEN OPERATING ON ROUTE 17 FOR ABOUT 20 YEARS PROPERTY.

HIS OWN GENERAL BUSINESS, UH, RECYCLING PLANTS WERE PERMITTED USE IN THE GB DISTRICT 20 YEARS AGO, BUT THAT CHANGED IN 2005, UH, AS A RESULT OF A CHANGE TO THE ZONING ORDINANCE, UH, MAKING SIMS A NON-CONFORMING USE IN 2013, SINCE METAL ENTERED INTO A LEASE ARRANGEMENT WITH THE OWNER OF BLACKIES THE SALVAGE YARD TO THE NORTH, UH, TO USE THE PROPERTY OUTLINED IN BLUE, UH, TO, UH, AS PART OF ITS RECYCLING OPERATION.

UH, IT'S ABOUT A 2.8 ACRE PARCEL.

IT HAD BEEN

[00:05:01]

PREVIOUSLY PREVIOUSLY USED FOR AUTO SALVAGE, UH, IN RECENT YEARS IN AN EFFORT TO ADDRESS NOISE CONCERNS EXPRESSED BY JASON TABLA LAKES RESIDENTS.

YOU SEE THE R 13 OVER THERE ON THE RIGHT HAND SIDE OF THE MAP, UH, SIMS, UH, METAL, UH, INSTALLED A WALL OF SHIPPING CONTAINERS STACKED ON TOP OF EACH OTHER TO ATTENUATE THE NOISE GENERATED BY THE RECYCLING OPERATION.

UH, IN ADDITION, STORAGE OF EQUIPMENT, SALVAGE VEHICLES HAS BEEN EXPANDED BEYOND THE LIMITS, UH, SHOWN ON THE APPROVED SITE PLAN.

SO NOW THE PROBLEM IS THAT SIMS METAL IS A NON-CONFORMING USE, UH, AND A NON-CONFORMING USE CANNOT BE EXPANDED WITHOUT AUTHORIZATION FROM THE BOARD OF SUPERVISORS.

UH, AND, UH, THE OTHER PROBLEM IS THAT THESE MODIFICATIONS ALSO REQUIRE SITE PLAN APPROVAL AND NO SITE PLAN WAS EVER APPROVED, MUCH LESS SUBMITTED, SUBMITTED MY SELECTION IMPROVED, UH, FOR THESE, UH, CHANGES TO THE SITE.

SO IN NOTICE OF VIOLATION WAS ISSUED METAL SUBSEQUENTLY SUBMITTED THE APPLICATION TO RECTIFY THE SITUATION.

UH, THE, THE SHIPPING CONTAINERS ARE IN THE GENERAL LOCATION SHOWN ON THIS AERIAL PHOTO.

THE YELLOW ONES ARE THE ONES THAT ARE IN PLACE.

NOW, THE, UH, ONE, THE GREEN ONES ARE, WOULD BE, UH, ACTUALLY ADDITIONAL METAL CONTAINERS THAT WOULD BE INSTALLED AT THE APPLICATIONS APPROVED.

SO YESTERDAY, UH, WE RECEIVED A REQUEST FROM THE OWNER OF BLACK KEYS THAT THE APPLICATION BE TABLED TO THE APRIL EIGHT 13TH MEETING TO GIVE HER TIME TO ADDRESS SOME ISSUES WITH THE APPLICANT.

SIMS METAL HAS INDICATED THAT THEY HAVE NO OBJECTION TO TABLING THE APPLICATION.

SO, UH, OUR RECOMMENDATION YOU TONIGHT IS THAT YOU GO AHEAD AND OPEN THE PUBLIC HEARING AND TAKE PUBLIC COMMENTS.

I KNOW WE HAVE AT LEAST ONE A CITIZEN WHO IS SIGNED UP TO SPEAK AND THEN CONTINUE THE PUBLIC HEARING TO YOUR APRIL 13TH MEETING, WHERE THERE WILL BE A SECOND OPPORTUNITY FOR CITIZENS TO PROVIDE COMMENTS.

THIS WILL SAY TO THE COUNTER, THE EXPENSE OF RE ADVERTISING THE PUBLIC HEARING AGAIN NEXT MONTH.

UH, AND IT ALSO MAKES SURE EVERYBODY GETS A CHANCE TO SPEAK.

SO, UH, THE OTHER THING I JUST WANT TO MENTION IS THAT ANY CITIZEN WHO SPEAK TONIGHT WOULD STILL HAVE THE OPPORTUNITY TO SPEAK, UH, AT THE APRIL MEETING, UH, IF THEY WISH.

SO THAT'S MY, THAT'S OUR RECOMMENDATION, AND I'D BE HAPPY TO TAKE ANY QUESTIONS.

GOT A QUESTION I HAVE, UH, MR. CROSS, WILL YOU GIVE A MORE IN DEPTH PRESENTATION NEXT MONTH? OH, ABSOLUTELY.

YES.

MR. CROSS ONE, ONE QUESTION.

I THINK I ALREADY HEARD THE ANSWER THEY'VE ALREADY EXPANDED BEYOND THE ORIGINAL APPROVED BOUNDARIES FROM 2005.

THAT IS CORRECT.

AND SO THEY'RE BASICALLY, UH, REQUESTING APPROVAL RETROACTIVELY.

UH, FOR THAT EXPANSION, I WOULD HAVE ONE FALL OFF, UH, BASED ON SOME DISCUSSION BACK AND FORTH ON NON-CONFORMING USES.

AND THE STATUTE THAT COVERS THAT, WHO WOULD ASK THAT OUR LEGAL ADVISOR REVIEW THAT STATUTE PRIOR TO THE NEXT MEETING AND ADVISE WHETHER THEY IN FACT CAN SEEK APPROVAL AT THIS POINT, UH, HAVING ALREADY, UH, EXPANDED WITHOUT THAT APPROVAL, THE STATUTE DOESN'T CLEARLY GIVES THEM THE RIGHT TO, UH, REQUEST AN APPROVAL FOR AN EXPANSION.

UH, BUT, BUT IT DOESN'T COVER THE, THE CASE WHERE THEY'VE EXPANDED WITHOUT THAT APPROVAL.

WELL, THIS WOULD BE NO DIFFERENT FROM THE MANY CASES THAT YOU'VE HAD, WHERE YOU'VE HAD, UH, PEOPLE WHO, UH, UH, OFF START STARTING AN OPERA, A RATION THAT REQUIRES A SPECIAL USE PERMIT, UH, WITHOUT GETTING A SPECIAL USE PERMIT, THEN THEY HAVE TO GO BACK, UH, YOU KNOW, AND, AND, UH, GET THAT, UH, RETRO CHEWED SPECIFICALLY COVER.

WELL, I KNOW I READ IT CAUSE YOU AND I HAD THIS DISCUSSION BY EMAIL.

UH, AND WHEN YOU READ THE WHOLE TERMS OF THE CODE SECTION, UH, CLEARLY ALLOWS THE LOCALITIES TO, UH, ALLOW, PROVIDE FOR EXPANSIONS NON-CONFORMING USES, BUT I'M SURE MR. HILL WILL BE HAVING TO ADDRESS THAT NEXT MONTH MEETING IF HE FEELS IT NECESSARY.

ANY OTHER QUESTIONS? YES.

DR.

STONE.

SO ELSE OPEN THE PUBLIC HEARING NOW.

THANK YOU, MS. CROSS.

AND, UH, WE HAVE A COUPLE OF SPEAKERS.

WE HAVE A, THE APPLICANT IS NOT HERE IS WHAT I UNDERSTAND.

WE HAVE A, UH, MR. MIKE WARE AND YOU'RE YOU'RE REPRESENTING THE APPLICANT.

NO, SIR.

GOOD AT GOOD EVENING, MR. TITUS, MY NAME IS MICHAEL, WHERE I'M AN ATTORNEY IN YOUR COUNTY, JUST UP THE ROAD.

I REALLY HAVE NOTHING TO SAY TONIGHT.

AFTER SPEAKING TO MR. KRAUSE, I PUT IN THE MIC CARD IN CASE YOU HAD SOME ISSUES.

I REPRESENT THE LANDOWNER.

A REPRESENTATIVE SITTING BY ME IS ALSO FROM SIMS METALS.

WE REALLY HAVE NOTHING TO SAY TODAY.

WE JUST WANTED TO BE HERE TO MAKE SURE THAT WE ALL UNDERSTAND, WE GREATLY APPRECIATE Y'ALL TABLING SO THAT WE CAN WORK OUT SOME OTHER, WE FIND SOME ISSUES WITH REGARD TO THIS MATTER.

AND IF OWNERS, PROPERTY OWNERS HAD SOME QUESTIONS WE WANTED TO MAKE OURSELVES AVAILABLE

[00:10:01]

SO THAT THEY COULD ADDRESS AS WELL.

IF WE DIDN'T SHOW UP, I THINK THAT WOULD BE AN INSULT TO EVERYBODY.

SO THAT'S THE ONLY REASON I REALLY HAVE NOTHING MORE TO SAY.

I THINK THE NEXT MEETING WOULD PROBABLY BE BEST SERVED AND SAVED THE TIME TONIGHT.

OKAY.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU, SQUARE.

AND IS THE OTHER GENTLEMAN WHO WAS THAT? MR. CURT SEVERANCE, IF YOU COME FORWARD, SIR, YOU STATE YOUR NAME AND ADDRESS.

THANK YOU.

YOU HAVE THREE MINUTES.

OKAY.

UH, YES.

MY NAME IS KURT SEVERANCE.

I LIVE AT 1 0 1 JONATHON JUNCTION IN YORKTOWN, NOT FAR FROM THE SIMS METAL.

THAT WAS JUST MENTIONED.

UM, I GUESS MY COMMENTS NEXT TIME NEXT MONTH WILL BE ABOUT THE CONTAINER WALLS AT SIMS METAL.

BUT IN THE MEANTIME, I THOUGHT I'D BRING UP AN OBSERVATION THAT I THOUGHT WAS, UH, WAS TIMELY.

UM, LET'S SEE.

YOU MAY HAVE SEEN IN THE NEWS THIS PAST WEEKEND THAT IT WAS THE SOUTH SIDE CHESAPEAKE LOCATION OF SIMS METAL THAT HAD A SERIOUS FIRE FACILITY, A PILE OF JUNK CARS WERE ON FIRE.

IT WAS QUITE A LARGE FIRE.

YES.

AND CREATED, IT CREATED A LARGE SMOKE PLUME VISIBLE OVER MUCH OF THE SOUTH SIDE OF HAMPTON ROADS.

I LIVE IN TABLETS, WHICH IS ADJACENT TO THE SIMS METAL LOCATION THAT'S HERE IN YOUR COUNTY.

SO WE WERE UNDERSTANDABLY A LITTLE WORRIED TO HEAR ABOUT THAT INCIDENT.

IT WAS, IT SOUNDS TRAGIC.

AND I HOPE THAT EVERYONE'S OKAY, BUT I DO HOPE THAT AT SOME POINT, THE RESIDENTS OF TAB LAKES RECEIVE SOME KIND OF ASSURANCE OR COMMUNICATION FROM SIMS METAL THAT THE PROPER MEASURES ARE IN PLACE TO HELP PREVENT SOMETHING LIKE THAT INCIDENT HAPPENING RIGHT HERE IN OUR COUNTY.

AND THAT'S, THAT'S REALLY ALL I HAD TO SAY FOR THIS EVENING.

THANK YOU, MR. .

THANK YOU.

SO I, UH, YES, WE HAVE A MOTION TO CONTINUE PUBLIC HEARING TO APRIL 12TH OR 13TH, APRIL 13TH.

I DON'T THINK ANYONE HAS MADE THE MOTION.

JUST SOMEBODY HAS TO MAKE THE MOTION.

OKAY.

SO MOTION, MOTION TO CONTINUE.

THE PUBLIC HEARING ON APRIL 13TH, MOTION BY MR. SMITH IS TO CONTINUE THE PUBLIC HEARING FOR A SPECIAL USE BAR MINT TO AUTHORIZE AN EXPANSION OF A NON-CONFORMING METAL RECYCLING LAND AT 2114, A GEORGE WASHINGTON MEMORIAL HIGHWAY.

MS. LEDA.

YES.

MR. KING, MR. CRINER, MR. SMITH, MR. PETERMAN, MR. .

MR. RETIRED, IF THE MOTION PASSES

[Application No. UP-986-22, So Lux Event Center, LLC]

CONTINUING ON, WE HAVE THE NEXT, UH, APPLICANT IS FOR APPLICATION NUMBER 9 86 DASH 22 FLEX EVENT CENTER.

YES, SIR.

MR. HOW ARE YOU DOING? I'M GOOD, MR. TITUS.

GOOD EVENING.

SO THIS IS A COMMERCIAL RECEPTION HALL SPECIAL USE PERMIT.

WE HAVEN'T HAD ONE OF THESE SINCE LIKE THE SEVENTIES AND EIGHTIES.

SO, UH, YOU KNOW, IT'S A, IT WAS A NEW ADVENTURE FOR IT, BUT IT'S AT 33 0 1, A HAMPTON HIGHWAY, WHICH HAS SHOWN HERE IN THE RED OUTLINED BY THE GREEN.

UH, THE PROPERTY IS ZONED GENERAL BUSINESS CONDITIONAL, UH, THAT REZONE, UH, REZONING TOOK PLACE IN, UH, 2013.

UH, THE SHOPPING CENTER WAS VERY WELL, HAD A LOT OF VACANT STORES.

AND SO THE SHOPPING CENTER OWNER WANTED TO TRY TO GET A FEW MORE USES IN ALLOWED IN THERE.

SO HE, UH, ASKED THE COUNTY TO CHANGE THE ZONING TO GENERAL BUSINESS, CONDITIONAL, UH, WHICH ALLOWED HIM TO HAVE A FEW MORE USES.

UH, BUT HE ALSO PUT A LOT OF CONTROLS ON SOME OF THE MORE INTENSE USES.

ONE OF THOSE USES IS THE COMMERCIAL EXCEPTION HALL.

SO THAT'S WHY YOU'RE SEEING IT HERE AS A SPECIAL USE PERMIT.

UH, THE SURROUNDING ZONING IS, UH, LIMITED BUSINESS, UH, TO THE SOUTH.

YOU CAN SEE THOSE THREE LIMITED BUSINESS PARCELS, WHICH WE'LL TALK ABOUT HERE IN A MINUTE.

UH, THOSE ARE KIND OF LEFTOVER FROM THE LIMIT OF BUSINESS THAT WAS THERE BEFORE, AND THEN TO THE, TO THE FAR SOUTH ACROSS HAMPTON HIGHWAY IS, UM, MULTI-FAMILY RESIDENTIAL, UH, WHERE YOU SEE A LOT OF APARTMENTS AND THEN TO THE, UH, WEST, NORTH AND EAST IS MAINLY, UH, PLANNED DEVELOPMENT, WHICH IS THE PLAN DEVELOPMENT THAT WAS APPROVED FOR THE YORKSHIRE DOWNS, UM, SHOPPING CENTER.

SO THOSE TWO USES ON THE PROPERTY OUTLINED IN RED.

UH, THE ONE TO THE, TO THE NORTHERN NORTH NORTH NORTHERN SIDE IS THE PENINSULA ACADEMY.

IT'S A DAYCARE CENTER, UH, TO THE OTHER SIDE IS THE SUNOCO GAS, UH, CONVENIENCE STORE.

[00:15:01]

UM, AND THEN ON THE OTHER SIDE OF HAMPTON HIGHWAY, I TOLD YOU WAS THE APARTMENTS.

THAT'S THE FOUR SEASONS APARTMENTS.

AND THEN THERE'S A LITTLE OFFICE BUILDING, UH, RIGHT THERE ON THE SIDE THAT HAS LIKE A DENTAL OFFICE ACCOUNTING OFFICE AND SO FORTH.

UM, THEN WE'VE GOT A LITTLE COMMON AREA THAT SEPARATES THE SHOPPING CENTER FROM THE SINGLE FAMILY HOMES ON, UH, DETACHED HOMES THERE ON SHEFFIELD AND THEN BEHIND IT.

AND THESE ARE THE, THE MOST DIRECT NEIGHBORS.

THESE ARE THE, UH, CONDOMINIUMS THAT SIT BEHIND, UH, THE SHOPPING CENTER AND THEN ACROSS YORK DOWNS ROAD IS A APARTMENTS FOR YORKTOWN'S.

AND THEN THERE'S AS THIS LITTLE VACANT, UM, LIMITED BUSINESS PROPERTY THAT'S RIGHT THERE.

SO, UH, IT KIND OF GIVES YOU AN IDEA OF THE USES THAT SURROUNDED.

NOW, THIS IS A LITTLE MORE, MORE CLOSE UP VIEW OF THE SHOPPING CENTER OUTLINED HERE IN RED.

SO JUST REALLY QUICKLY, AGAIN, HERE'S THE DAYCARE CENTER OR THE GAS STATION, AND THEN YOU'VE GOT THESE HOMES THAT DIRECTLY, UM, ABOUT THE COMMON AREA, UH, BETWEEN, AND THEN OF COURSE, THE CONDOMINIUMS HERE BEHIND I'LL NOTE THAT WHEN THE ORIGINAL DEVELOPMENT WENT IN, THERE WAS A, UM, A BUFFER, UH, THAT'S HERE.

YOU CAN SEE THERE'S A LOT OF, UH, EVERGREEN TREES STILL, BUT THERE IS A GAP.

AND I'LL TALK A LITTLE BIT ABOUT THAT AS I GET TO THE PICTURES.

SO YOU CAN SEE A LITTLE BIT BETTER.

UH, THERE IS A GAP WHERE SOME TREES HAVE DIED THERE.

UH, THE APPLICANT WOULD BE LOCATED IN A UNITS P AND Q, WHICH OUTLINED HERE IN THE YELLOW AND GREEN.

UH, I'VE ALSO GOT A PICTURE OF THE VACANT STORE THAT'S THERE.

NOW OTHER USES IN THE SHOPPING CENTER INCLUDE, UM, A COUPLE OF THREE RESTAURANTS, A HAIR SALON, A SPA NAIL SALON, CUSTOM FRAMING SHOP, UM, A PET SHOP WHERE I THINK THEY DO.

THEY LIKE WASHED DOGS.

YOU COME IN AND YOU WASH YOUR DOG THERE.

AND THEN A LAUNDRY MAT, WHICH SITS ON THE OTHER END DOWN HERE.

I'LL NOTE THAT THERE ARE ABOUT 122 PARKING SPACES ON THE PROPERTY, UH, WHICH IS ADEQUATE, BUT I'LL, I'LL GO INTO THE DETAILS.

ONCE WE GET INTO THAT, MOST OF THE PARKING IS OUT FRONT, AND THEN THERE ARE, THERE'S PARKING ALONG EACH SIDE OF THE PROPERTY.

ALSO, THERE ARE TWO ENTRANCES, A ONE-OFF HAMPTON HIGHWAY, WHICH IS A RIGHT IN RIGHT OUT ONLY, UM, IT IS A BOULEVARD STYLE.

SO IT'S KIND OF A WIDER, IT'S GOT LANE TO TWO LANES OF TRAFFIC ON EACH SIDE.

AND THEN ON YORK DOWNS DRIVE, THERE'S A FULL SERVICE ENTRANCE, RIGHT? LEFT, UM, UH, EXIT AND ENTRANCE THERE.

UH, THIS IS THE, UH, SITE PLAN, UH, FOR THE PROPERTY.

I, WE HAVE MARKED, UH, P AND Q TO SHOW WHERE THE, WHERE THE, UM, USE WILL BE.

UH, YOU CAN SEE, THEY DID HAVE A LANDSCAPE BUFFER ALONG THE BACK, UM, WHEN THIS WAS ORIGINALLY APPROVED.

ALL RIGHT, JUST TO GIVE YOU KIND OF A VISUAL TOUR OF THE PROPERTY.

THIS IS THE ENTRANCEWAY SIGN THAT I WAS TALKING ABOUT.

YOU CAN COME IN, YOU CAN SEE THE, THE GAS STATION THERE IN THE BACK, UH, STEPPING OFF AND LOOKING INTO THE SIDE.

THERE'S THE PENINSULA ACADEMY, WHICH IS THE DAYCARE CENTER AND A LITTLE CLOSER UP ON THE GAS STATION, LOOKING ACROSS HAMPTON HIGHWAY TO THE APARTMENTS, AND THEN JUST KIND OF SHOWING YOU THE SHOPPING CENTER HERE.

UH, THE, THE, THERE ARE A FEW, THE FEW RESTAURANTS ON THIS SIDE, UM, AND THEN YOU CAN SEE THE EMPTY SPACE HERE WHERE THE APPLICANTS, UM, USE, UH, IS PROPOSED TO GO.

AND THEN THE LAUNDRY MAT THERE ON THE FAR END, UH, THIS IS BEHIND THE BUILDING, THIS LITTLE BUMP OUT AS PART OF THE UNITS THAT SHE WOULD BE IN.

AND, UH, I KIND OF TOOK THIS PICTURE SO YOU COULD SEE THE BUFFER.

IT IS A, IT'S A MATURE BUFFER.

UM, BUT I AS SAID THERE IS SOME HOLES AND PARTICULARLY RIGHT BEHIND THE, THE UNITS WHERE WE ARE, UH, YOU CAN SEE THAT THERE'S SOME TREE STUMPS THERE THAT THE TREE HAS BEEN REMOVED BECAUSE THEY EITHER PROBABLY DIED OR SOMETHING ELSE.

UH, WE HAVE PUT A CONDITION, UH, PROPOSED CONDITION IN THE, THAT BUFFER BE REPLANTED.

AND I, I SENT OUT AN EMAIL EARLIER THAT I GOT THIS MORNING FROM THE PROPERTY OWNER WHO SAID THAT HE, HE, HIS INTENTION IS TO REPLANT THAT AND NOT HAVE, UM, THE, UH, APPLICANT DO IT, UH, BECAUSE HE'S BEEN TRYING TO MAKE IMPROVEMENTS TO THE SHOPPING CENTER.

AND THIS IS ONE OF THEM THAT HE, HE PLANS TO DO.

LET ME GO, LET ME GO BACK REAL QUICK.

AND I ALSO WANTED TO SAY, UM, YOU CAN KIND OF SEE HOW CLOSE THE CONDOMINIUMS ARE THERE TOO.

SO THERE ARE ABOUT A HUNDRED FEET FROM THEIR FRONT DOOR TO, OR THAT FRONT GATE AREA TO THE BACK OF THE BUILDING.

UM, AND THAT'LL BE IMPORTANT HERE IN A MINUTE.

SO THIS IS THAT SPACE WHERE THERE'LL BE IN LAUNDRY MAT IS OVER HERE, THE LITTLE PET GROOMING DOG WASH PLACES HERE.

SO THEY WOULD BE IN THESE, UM, TWO STOREFRONTS HERE.

SO THE PROPOSED USE IS AN UPSCALE, UM, UH, COMMERCIAL RECEPTION HALL FOR NOT TO EXCEED 70 PEOPLE, UH, CATERED EVENTS, A VARIETY OF DIFFERENT EVENTS THAT THEY PROPOSE.

I PUT A FEW OF THEM UP ON THE SCREEN.

UH, THEY WILL,

[00:20:01]

THEY DO PROPOSE TO HAVE A, UH, ABC LICENSE, SO THEY WILL BE ABLE TO SERVE ALCOHOL, UH, BEER AND WINE AND SPIRITS ON THE PREMISES.

UH, THE APPLICANT SENT IN A VARIETY OF FLOOR PLANS AT THE REQUEST OF THE FIRE AND LIFE SAFETY DEPARTMENT, JUST TO KIND OF GIVE THEM AN IDEA OF WHAT IT MIGHT LOOK LIKE IF THEY COME TO AN EVENT THERE.

UH, SO SHE SUBMITTED THE INITIAL ONE, WHICH KIND OF JUST SHOWS THE OPEN SPACE, UH, BUT THEN SHE HAD DIFFERENT SETUPS FOR DIFFERENT KINDS OF EVENTS, WHETHER IT BE A BUSINESS TRAINING, SEMINAR, UM, LECTURE OR SOMETHING OF THAT NATURE.

SO SHE HAD A VARIETY OF DIFFERENT KINDS OF, UM, LAYOUTS.

UH, THE PROPERTY HAS, AGAIN, TWO ACCESS POINTS THAT I DISCUSSED EARLIER YORK, NEW YORK'S DOWNS, OFF YORK DOWNS ROAD.

THEN OFF OF HAMPTON HIGHWAY TRA TRAFFIC GENERATION.

UH, THERE WAS NOTHING IN THE ITE MANUAL THAT SAYS COMMERCIAL RECEPTION HALL.

SO, UH, WE LOOKED AT THE VARIETY OF USES IN THERE.

THE ONE THAT FIT THE DEFINITION OF KIND OF WHAT THE RECEPTION HALL WAS BEST WAS FINE, DINING RESTAURANT.

UM, AND WHEN YOU LOOK AT THE SQUARE FOOTAGE, IT CAN CREATE ABOUT 134 WEEKDAY TRIPS OR 144 WEEKEND TRIPS.

UM, AND THEN NOT, NOT MANY IN THE MORNING DURING THE PEAK HOUR, BUT A FEW DURING THE EVENING PEAK HOURS, MOST OF THE TRIPS ARE GOING TO BE OUTSIDE OF THOSE RUSH HOUR TIMES.

UH, AS YOU CAN SEE, THESE DON'T REALLY MEET THE THRESHOLD.

THE DISOWNING ORDINANCE REQUIRES A TRAFFIC IMPACT ANALYSIS.

UH, SO THEY WOULD EITHER HAVE TO BE UP AT LEAST A THOUSAND TRIPS A DAY OR A HUNDRED DURING A PEAK HOUR.

SO, UH, THE WAY THERE WAS A WAIVER GRANTED FOR THEM TO NOT HAVE TO DO, UH, THE TRAFFIC IMPACT ANALYSIS ON THAT, ANY FURTHER IMPACT ANALYSIS ON THIS, I TALKED BRIEFLY ABOUT THE PARKING.

THIS KIND OF USE WOULD ONLY REQUIRE ABOUT 18 PARKING SPACES, ACCORDING TO THE ZONING ORDINANCE, BASED ON THAT 70% LIMITATION, UM, THE EXISTING SHOPPING CENTER USES ABOUT 90 OF THOSE HUNDRED AND 22 PARKING SPACES.

SO THERE'S ABOUT 32 PAGE SPACES AVAILABLE, UH, WHICH IS PLENTY FOR, FOR THIS USE.

UM, IN ADDITION, YOU KNOW, A LOT OF THOSE USES WOULD BE CLOSED WHEN, YOU KNOW, IF THIS, IF THIS IS BEING USED AT NIGHT OR IN THE, ON THE WEEKENDS, THERE ARE SEVERAL PERFORMANCE STANDARDS FOR COMMERCIAL RECEPTIONIST HALLS WITHIN THE ZONING ORDINANCE.

UM, THE BIGGEST ONE THAT IMPACTS, UH, THE, THIS ONE IS, IS THE, THAT PRINCIPAL AND SERVICE ENTRANCES NEED TO BE ORIENTED AWAY FROM ANY RESIDENTIAL ZONE PROPERTY.

IN THIS CASE, THE ENTRANCES ARE THE MAIN ENTRANCE WOULD BE ON THE OPPOSITE SIDE OF THE BUILDING.

HOWEVER, THE BACK DOORS ARE, WOULD FACE DIRECTLY ONTO THOSE CONDOMINIUMS. SO, UM, THEY, THE ORDINANCE SAYS THEY NEED TO BE AT LEAST 200 FEET, OR IF THEY'RE, IF THEY'RE WITHIN A HUNDRED FEET, IT HAS TO BE LANDSCAPED.

SO THEY DO HAVE THE LANDSCAPE BUFFER.

AGAIN, WE'VE PUT A CONDITION IN THERE TO REPLACE THAT BUFFER.

UM, WE ALSO PUT AN ADDITION IN THERE THAT THOSE REAR DOORS ONLY BE USED FOR EMERGENCY EGRESS.

SO THERE'S W THERE WOULD BE NO ALLOWANCE FOR SERVICE VEHICLES PULLING UP THERE, AND THEN, YOU KNOW, OFFLOADING STUFF INTO THE BACK DOOR.

EVERYTHING HAS TO PRETTY MUCH COME THROUGH THE FRONT DOOR.

UH, THOSE WOULD ONLY BE USED IF THERE'S AN EMERGENCY SITUATION AND PEOPLE HAVE TO EXIT THE BUILDING IS THE WAY THE CONDITION WOULD WORK.

UM, THAT I DID SHOW YOU THAT FOUR FOOT BERM WITH EVERGREEN TREES.

UM, BUT WE DID PUT A CONDITION IN THERE TO MAKE SURE THAT THEY WOULD, UH, PUT THOSE IN BEFORE THE USE.

SO I, I DID PUT THIS PICTURE IN HERE TO KIND OF SHOW YOU AGAIN, UM, HOW THAT BUFFER WOULD BE AFFECTED THERE.

AND THEY ARE WITHIN A HUNDRED FEET HERE OF THIS BACKDOOR.

IT'S ALL IT WAS.

I MEASURED OFF AS PRETTY MUCH, RIGHT.

AT 100 FEET.

UH, SO YOU, THAT'S WHY I PUT THE CONDITION IN THEIR PROPOSED THAT THEY NOT BE ABLE TO USE THOSE REAR DOORS AT ALL.

I ALSO PUT A CONDITION IN THERE THAT THE FRONT DOORS NOT BE PROPPED OPEN IN ANY WAY THAT THEY REMAIN CLOSED DURING EVENTS.

YOU KNOW, PEOPLE CAN JUST COME IN AND OUT, BUT IT JUST NOT BE PROPPED OPEN.

ALL RIGHT.

THE APPLICANT HAS ALSO IN HER STATEMENTS, UM, SAID THAT SHE WOULD BE DOING A GOOD AMOUNT OF SOUNDPROOFING ON THIS.

SHE SENT A VERY DETAILED, UH, WRITEUP VIA EMAIL, UM, SO THAT YOU COULD SEE SOME OF THE THINGS THAT SHE'S PROPOSING TO DO.

UH, WE DID RUN THAT BY OUR BUILDING INSPECTION OFFICE, AND THEY SAID THAT THOSE ARE DOABLE.

UH, SHE WOULD HAVE TO GET HER BUILDING PERMITS AND THINGS OF THAT NATURE TO MAKE SURE, YOU KNOW, IT ALL WORKS ACCORDING TO THE CODE.

UM, ALSO SHE SAID IN HER, UH, NARRATIVE, SHE HAS SAID THAT SHE WILL HAVE SECURITY STAFF ONSITE.

UH, WE HAVE PUT A CONDITION OF APPROVAL IN THERE THAT, UH, SHE HAS THIS, THIS SECURITY STAFF MEMBER HAS TO BE TRAINED.

UH, THEY HAVE TO KNOW WHAT'S GOING ON.

UH, AND SHE ALSO HAS MENTIONED THAT, THAT THIS PERSON OR PERSONS, HOWEVER MANY SHE WOULD HAVE THERE, UH, WOULD BE MONITORING WHAT'S GOING ON INSIDE AND OUTSIDE.

SO THEY WOULD BE ABLE TO BE ONSITE DURING ALL EVENTS MONITORING WHAT'S GOING ON, ESPECIALLY NOISE

[00:25:01]

AND SOUND AND THINGS OF THAT NATURE.

IF IT GOT TO GOT TO BE TOO MUCH OUTSIDE OF THE BUILDING, UM, THEY COULD, THEY COULD RESPOND RIGHT THEN.

AND THERE ARE THE PERFORMANCE STANDARDS ALSO LIMIT THE AMOUNT OF TIME THAT THE BUSINESS CAN BE OPENED.

THE ZONING ORDINANCE SAYS IT SHOULD BE OPEN FROM 6:00 AM TO 10:00 PM AND CLOSED BY 11.

HOWEVER, WITH A LOT OF THINGS, THE BOARD CAN ADJUST THAT UP OR DOWN.

SO THE APPLICANT HAS REQUESTED A LITTLE VARIATION IN THAT SUNDAY THROUGH THURSDAY, SHE WOULD MEET THOSE STANDARDS.

6:00 AM, IT'D BE CLOSED.

AND EVERYBODY OUT OF THE BUILDING BY 11, UH, SHE IS ASKING FOR FRIDAY, SATURDAY NIGHT FOR A LITTLE BIT OF AN EXTENSION SO THAT, UH, THE VINCE WOULD END AT 1130 AND EVERYBODY WOULD BE GONE BY 12:30 PM.

SO THAT HAS BEEN REFLECTED IN YOUR RESOLUTION.

UH, STAFF FEELS THE PROPOSED RECEPTION HALL WOULD OCCUPY TWO UNITS WITHIN, UH, NOW VACANT COMMERCIAL SPACE.

UH, THE PROPOSED IMPROVEMENTS THAT, UH, THE APPLICANT HAS STATED, AND THE CONDITIONS THAT HAVE BEEN PUT ON IT WILL HELP IMPROVE THE LANDSCAPE SCREENING AND BUFFER IN THE BACK.

IT'LL HELP LOWER THE NOISE POTENTIAL WITH THE SOUNDPROOFING AND THE STAFF ON SITE TO MONITOR THE SOUND.

UM, AND THEN ALSO LIMITING THE NUMBER OF PEOPLE TO 70 AND, UH, KEEPING THE HOURS OF OPERATION TO, UH, UH, A REASONABLE TIME.

SO WE ARE RECOMMENDING APPROVAL.

AND IF YOU WOULD LIKE TO DO THAT ALSO, UH, YOU CAN ADOPT RESOLUTION NUMBER PC 29 DASH NINE, AND THE APPLICANT IS HERE TODAY.

MS. COMBS IS HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE, AND I'D BE HAPPY TO ANSWER ANYTHING FOR ME.

YOU HAVE FOR ME, HAVE ANY QUESTIONS FOR ME.

I PRESUME THAT PARKING AT THE BACK IS NOT ALLOWED, RIGHT? THERE ARE NO PARKING SPACES IN THE BACK, OR ANY ABILITY TO CONTROL TRAFFIC FROM GOING BACK THERE.

UM, WELL, I MEAN, THERE'S REALLY NOT MUCH SPACE BACK THERE.

SO, YOU KNOW, WHEN WE WALKED, WHEN WE WALKED BACK THERE, THERE WAS, I MEAN, I THINK YOU COULD GET ONE CAR THROUGH, UM, BUT THERE'S NO CONTROL TO KEEP PEOPLE FROM GOING BACK THERE.

SHE WILL HAVE ONSITE STAFF.

SO I IMAGINE THERE'LL BE MONITORING THE PARKING SITUATION.

THEY COULD CHECK THAT, UM, DURING THAT TIME, I MEAN, I'LL LET MS. COMBS ANSWER THAT, BUT THAT'S WHAT I WOULD IMAGINE WHAT HAPPENED.

APPRECIATE THE FOLLOW-UP ON THE SOUNDPROOFING QUESTION AND YOUR WORK WITH THE APPLICANT.

THANK YOU.

NO PROBLEM.

YOU'RE WELCOME.

ANYTHING, ARE THERE SPECIFIC CONDITIONS OF THE, UH, REPLANTING ON THE BUFFER WALL? TH THE MATURITY OF THE PLANTS? I MEAN, ARE THEY, THEY'RE NOT GOING TO BE SAPLINGS VERSUS SOMETHING THAT WILL ACTUALLY BLOCK SOUND VERSUS WAITING FIVE YEARS FOR IT TO GET THERE? THAT'S TRUE.

I, I, THAT'S ACTUALLY A GOOD POINT.

UH, THAT MAY BE SOMETHING WE WANT TO STIPULATE IN THERE.

I DON'T BELIEVE WE, WE SAID PLANTING HEIGHT.

LET ME JUST CHECK THAT.

UH, WHERE DID, WHERE IS THAT AT? OH, HERE IT IS.

YES, WE DID NOT SAY A HEIGHT SO WE COULD, WE COULD PUT A HEIGHT IN THERE.

UM, IF YOU'D LIKE, WE CAN, IF YOU WANT TO AMEND THAT CONDITION, UM, I WOULD SAY WE COULD DO A SIX FOOT OR EIGHT FOOT HEIGHT, DEPENDING ON WHAT YOU, WHAT'S YOUR ONE.

OKAY.

UH, YES.

YOU, IN YOUR COMMENTS, YOU MENTIONED THEY WERE GOING TO OPERATE FROM 6:00 AM IN OUR RESOLUTION AND SO SEVEN.

OH, IT DOES.

WELL, WE CAN ADD, YOU'RE GOING TO ASK THE APPLICANT IF SHE'S OKAY WITH SEVEN, WE CAN CHANGE IT TO SIX IF, IF SHE WANTS, UM, SHE'S NOT GOING TO IT.

SEVEN, SEVEN WORKS FOR HER.

OKAY.

YOU'RE WELCOME.

GOOD BOY.

THANK YOU.

YOU GOT A QUESTION? YEAH.

I WAS JUST BACK TO THE TREE ISSUE.

I MEAN, THE TREES ARE MISSING.

SO HOW DO WE CONTROL THAT? THAT DOESN'T HAPPEN AGAIN? WELL, UH, BECAUSE THIS, THE EVERGREEN TREE BUFFER IS TIED TO THE SPECIAL USE PERMIT.

IF IT, IF IT WAS APPROVED, OUR ZONING STAFF GOES OUT YEARLY TO MONITOR IT.

AND SO IF IT WAS MISSING, THEN THAT COULD BE SOMETHING THAT THEY REQUIRE THAT'D BE PUT BACK IN.

OKAY.

I THINK YOU MENTIONED THAT THE OWNER IS REQUIRED TO MAINTAIN THE BUFFER AND NOT THE APPLICANT, IS THAT CORRECT? WELL, THE BUFFER NEEDS TO BE MAINTAINED ONE WAY OR ANOTHER.

I MEAN, THE SPECIAL USE PERMITS TIED TO THE APPLICANT, BUT IN THIS CASE, THE PROPERTY OWNER HAS, HAS STATED THAT THEY ARE THE ONES THAT ARE GOING TO PLANT IT.

BUT YEAH, AND JUST, I KNOW YOU BACK DOORS CAN NOT BE, YOU KNOW, PEOPLE BEHIND THEM.

CAN'T LOOK IN THE BUILDING WITH CARS, THE BACK DOORS GOING TO BE SHUT, AND THAT'S A REQUIREMENT, BUT IS IT JUST AS I WAS LOOKING AT THAT, IS THERE A WAY THAT THEY COULD PUT A SCREENING, OPAQUE SCREEN KIND OF THING BEHIND HER BACK DOORS, THEY CAN OPEN UP THEIR BACK DOORS AND HAVE THIS SCREEN THEY'RE LIKE SOUNDPROOF SCREEN OF SOME KIND AND IN THE GROUNDS PERMANENTLY OR SEMI-PERMANENTLY.

AND WOULD THAT SATISFY THE REQUIREMENT NOT TO BE SEEN FROM,

[00:30:01]

FROM THE RESIDENCE ACROSS THE, OH, YOU MEAN JUST TO BLOCK THE VIEW OF IT SO THAT YOU CAN'T SEE IT.

RIGHT.

UM, I MEAN, I GUESS YOU COULD REQUIRE SOMETHING LIKE THAT BECAUSE, YOU KNOW, YOU WOULD HAVE SOME, UM, ACKNOWLEDGEMENT IN THE ZONING ORDINANCE THAT YOU'RE NOT SUPPOSED TO SEE THOSE ENTRANCES, BUT I MEAN, I THINK THE, THE, THE PEOPLE THAT LIVE BACK THERE NOW LOOK ON THOSE DOORS.

NOW, I THINK WITH THE EVERGREEN SCREEN, I THINK THAT THEY WON'T SEE THAT THE DOORS THEMSELVES, THAT WAS MORE FROM MY IDEA IN THE FUTURE.

IT COMES UP AGAIN.

MAYBE THAT COULD BE SOMETHING THAT COULD BE A WAY TO THINK OF IT GIVEN TO THE APPLICANT AS A WAY AROUND THAT.

OKAY.

THAT'S ALL I HAD.

MR. KING HAD A QUESTION, I'M SORRY, MR. KING.

YEAH.

UM, MR. ANDERSON, A QUESTION ABOUT, I THINK YOU SAID THE, UH, LAUNDROMAT ON ONE SIDE PET STORE ON THE OTHER, ARE THEIR PETS, UH, KEPT OVERNIGHT THAT'S THE PET STORE? I DON'T THINK SO.

I THINK IT'S ONE OF THOSE STORES WHERE YOU BRING YOUR DOG AND YOU CAN WASH, THEY HAVE BAYS WHERE YOU CAN WASH THEM, AND THEN THEY, THEY TRIM FOR THINGS LIKE THAT.

IT'S NOT A KENNEL.

THEY WOULD HAVE HAD TO GET A SPECIAL USE PERMIT TO HAVE DOGS OVERNIGHT.

IT'S A PET SPA AND THE PET SPA.

SO THEY DON'T, THEY'RE NOT THERE OVERNIGHT.

NO, THEY WOULD HAVE HAD TO HAVE A SPECIAL USE PERMIT FOR THAT.

THANK YOU.

YOU'RE WELCOME.

THANK YOU.

OKAY.

I AM GOING TO OPEN THE CITIZENS COMMENTS THAT THE PUBLIC HEARING WOULD THE APPLICANT LIKE TO COME FORWARD.

AND I THINK YOU HAVE 10 MINUTES.

GOOD EVENING.

I WANT TO THANK YOU ALL FIRST AND FOREMOST FOR, UM, TAKING THE TIME TO REVIEW MY APPLICATION.

I HOPE IT WAS THOROUGH ENOUGH.

UM, THIS IS MY ACTUAL SECOND, UM, EVENT OR RECEPTION HALL THAT I'M OPENING.

SO I'VE ALREADY OPENED ONE SIMILAR TO THESE EXACT MODEL AND NEWPORT NEWS.

SO THE STIPULATIONS ARE A LITTLE BIT DIFFERENT FROM CITY TO COUNTY.

UM, BUT I'VE BEEN VERY SUCCESSFUL WITH HAVING THE COMMERCIAL RECEPTION HALL.

UM, I'M EXCITED TO BRING IT TO YORKTOWN BECAUSE I FEEL LIKE IT'S AN EXTREME NEED AND THE COUNTY, UM, WITH PEOPLE WANTING TO HAVE THESE PRIVATE EVENTS, UM, WITH THE ONE THAT I CURRENTLY OWN, I DO A LOT WITH THE CITY.

UM, I'VE HAD THE MAYOR FROM THE COMMISSIONER OF THE REVENUE.

SO I WANT TO WORK IN CONJUNCTION WITH THE CITY AS WELL AS PARTNER WITH MY NEIGHBORS, THE NEIGHBORING TENANTS.

UM, IT'S SO AWESOME THAT I'M NEXT DOOR TO A LAUNDRY MAT BECAUSE THEY CAN LITERALLY WASH ALL OF MY LINENS.

UM, I PLAN ON UTILIZING ALL OF THE RESTAURANTS AND ALL OF THE OTHER TENANTS TO, UM, PROVIDE SERVICES.

THIS TYPE OF EVENT CENTER WILL BE A BOOST FOR THE SHOPPING CENTER BECAUSE IT'S NOT QUITE MUCH GOING ON, BUT A LOT OF PEOPLE WILL VENTURE THERE AND HOPEFULLY I WILL BE BENEFITING EVERYONE THAT'S AROUND THERE.

I KNOW THERE WAS SOME CONCERNS ABOUT THE DAYCARE, UM, EXPRESSING THAT, YOU KNOW, WITH ME HAVING AN ALCOHOL PERMIT, THEY WERE A LITTLE BIT WORRIED ABOUT THAT.

THE THING IS, UM, ANYTIME THAT ALCOHOL IS GOING TO BE SERVED, THAT DAYCARE IS GOING TO BE CLOSED.

UM, SO I JUST WANT TO MAKE THEM REASSURED THAT THAT'S NOT NOTHING TO WORRY ABOUT.

AND OTHER THAN THAT, UM, I'M JUST LOOKING FORWARD TO OPENING UP HERE IN YOUR ACCOUNTING.

AND IF YOU ALL HAVE ANY INDIVIDUAL QUESTIONS FOR ME, I'M MORE THAN WELCOME TO ANSWER THOSE FOR YOU, MS. BERRY, RIGHT? SHANNON? YES.

QUESTION.

I DON'T HAVE ANY, I DO LIKE YOUR BUSINESS PLAN AND THEIR QUICK RESPONSE ON THE, UH, UH, SOUNDPROOFING AND ALL THAT.

YEAH.

I W I'M VERY CONCERNED ABOUT MY NEIGHBORS AND I WANT TO MAKE IT SO THAT PEOPLE DON'T COMPLAIN ABOUT ME.

I WANT THEM TO BE HAPPY THAT I'M THERE.

SO I FEEL LIKE SOUNDPROOFING IS THE BEST WAY TO GO.

EVEN IN THE TOWELS ON THE CEILING, I'M GOING TO BE ADDING SOUNDPROOFING THERE AND THROUGHOUT THE WALLS.

UM, ANOTHER THING ABOUT THE BACK DOOR, IT, LIKE HE MENTIONED, UM, MR. ANDERSON, IT'S VERY SMALL TO GO BACK THERE.

PEOPLE REALLY CAN'T VENTURE BACK THERE.

OTHER TENANTS I SEE, HAVE PARKED THEIR CARS BACK THERE, BUT WE WILL MAKE IT A POINT THAT PEOPLE CAN'T EVEN GO BACK THERE.

UM, MY SECURITY IS TOP FLIGHT, SO WE DON'T HAVE TO WORRY ABOUT THAT WHATSOEVER.

YEAH.

THANK YOU VERY MUCH.

THANK YOU.

OH, I, YEAH.

SORRY.

I WAS JUST GONNA LIKE ASK YOU WHERE, LIKE WHERE'S THE OTHER PLACE LOCATED AND HOW THE LONG VIEW.

UM, I OPENED THE OTHER EVENT CENTER AND JUNE OF LAST YEAR, AND IT'S A NEWPORT NEWS AND, UM, I, I'M BEING HONEST WITH YOU.

I'VE BEEN BOOKED EVERY SINGLE WEEKEND THROUGH THE END OF OCTOBER, SO GOD HAS BEEN GOOD.

AWESOME.

THANK YOU.

ALSO IN A STRIP MALL YES.

WITH NEIGHBORING RESIDENTS AND EVERYTHING, GET, IT ACTUALLY HAD TO GO THROUGH A DEEPER PROCESS THAN THIS ONE, BECAUSE IT WAS NOT ZONED FOR, UM, THAT AT ALL.

SO FIRST WE HAD TO GO THROUGH THE PROCESS OF REQUESTING AN AMENDMENT TO THE, UH, TEXTS AND THAT WAS APPROVED BY CITY COUNCIL

[00:35:01]

AND THE PLANNING COMMISSION.

AND THEN I WAS ABLE TO APPLY FOR MY SPECIAL USE PERMIT.

YEAH.

AND HAVE YOU BEEN ISSUED ANY, UH, OR I GUESS ANY COMPANY? NO, NONE WHATSOEVER.

I'M PROUD OF THAT.

YEAH.

THANK YOU.

THANK YOU.

IS THERE, I HAVE NO SLIPS THAT ANYBODY ELSE WANTS TO SPEAK ON THIS SUBJECT? IS, IS THERE ANYONE OUT THERE? THERE'S NO ONE THERE.

WE'LL SEE.

AND THEN, UH, THIS CLOSED THE PUBLIC HEARING AND WE CAN TALK THEM THE COMMISSIONERS HERE IN FRONT OF EVERYBODY, BUT WE CAN STILL TALK.

I'M IN SUPPORT OF THIS, UH, THE IMPROVEMENTS THAT THEY'VE MADE, I ACTUALLY WENT TO THE PROPERTY, UH, AND WALKED IT UP.

I ACTUALLY WAS QUITE IMPRESSED WITH THE AMOUNT OF BUFFER THAT WAS THERE WHEN THEY BUILT THE PROPERTY.

YOU DON'T SEE THAT VERY OFTEN.

HE STAYS.

AND EVEN THOUGH THE IRONICALLY, THE ONE PORTION OF TREES THAT ARE MISSING, SO HAPPENED TO BE RIGHT BEHIND THIS.

IT'S NOT LIKE DIRECTLY BEHIND IT.

I DID NOTE THAT IT'S BEHIND IT, BUT IT'S NOT, YOU KNOW, IT'S NOT DIRECTLY BEHIND IT, BUT I THINK, BUT THE IMPROVEMENTS THAT THEY'RE MAKING ALREADY TO THE, THE SHOPPING CENTER WHERE WE'RE UTILIZING A VACANT SPACE, UH, WITH A VENUE THAT WE NEED A VENUE LIKE THIS, UH, ON THE SOUTHERN PART OF THE COUNTY, WE DON'T HAVE ANYTHING LIKE THAT.

SO FROM WHAT I'VE SEEN IN THE EFFORTS IN THE SOUNDPROOFING TO BE SUPPORTIVE WITH THIS, I TOO WOULD BE SUPPORTIVE OF IT.

AND, UM, I ALSO HAVE A COMMERCIAL BUILDING WITH A GYM NEXT DOOR TO ME THAT WE TRIED TO SOUNDPROOF THE WALL AND HAPPY TO GIVE YOU MORE ADVICE ON THAT.

BUT, UH, BECAUSE OF, YOU'RE NOT DEALING WITH SOMETHING THAT'S SUPER QUIET ON EITHER SIDE THAT ACTUALLY FITS IN THERE QUITE WELL.

BUT, UH, I TOO LIKE THE PLAN ITSELF AND I WILL BE GIVING YOU A CALL COME CHRISTMAS WAY IN ADVANCE CHRISTMAS.

UH, I SUPPORT THE, UM, APPLICANT, UM, THE APPLICATION TO, FOR THIS, I THINK THEY'VE THOUGHT THROUGH THIS VERY WELL.

UH, THE FACT THAT, UM, UH, THE APPLICANT IS, UH, EXPERIENCED IN THIS AS, UM, UM, BEEN SUCCESSFUL ELSEWHERE.

UH, I THINK, UM, THIS WOULD BE A POSITIVE THING FOR THE, UH, LOCATION THAT SHE'S PICKED.

MR. KAY.

I AGREE WITH EVERYTHING I'VE HEARD.

SOUNDS GOOD TO ME.

I'M 70 PEOPLE WITH ONE BATHROOM THOUGH.

I WOULD THINK SOMETHING ABOUT THAT.

WELL, ONE FOR EACH GENDER, IT JUST SEEMS, IT JUST SEEMS SMALL, BUT I'M SUPPORTIVE.

AND I THINK IT'S A GREAT IDEA.

AND I THINK, UH, I THINK WE'VE NAILED DOWN ALL THE AREAS THAT THAT NEED TO BE.

SO THANK YOU.

I JUST AGREE WITH EVERYBODY ELSE.

AND IT'S IMPRESSIVE THAT YOU'RE MOVING TO YOUR SECOND VENTURE.

I'M OPPRESSED ROLLING.

MY CONCERNS WERE AROUND NOISE.

I THINK THEY WERE ADEQUATELY ADDRESSED.

I THINK THE APPLICANT CAME BACK WITH A VERY THOROUGH PLAN, UH, ADDRESSING THAT SPECIFIC ISSUE.

UH, THAT WAS ONE OF OUR CONCERNS BACK IN DECEMBER AT A, ON A, ON A DIFFERENT TOPIC OR DIFFERENT APPLICATION.

UM, PARKING I THINK HAS BEEN ADDRESSED, WHICH WOULD HAVE BEEN MY OTHER, A SIGNIFICANT POINT.

I LIKED THE PLAN OVERALL.

I THINK, UH, THE APPLICANT HAS MADE A VERY SOUND PROPOSAL LOOK FORWARD TO HAVING THIS ADDED TO THE, UH, TO THE MALL.

I AGREE.

ALL SIDING PARKING GOOD.

SOUNDPROOFING IS GOOD.

THIS, THIS PLAN IS GOOD.

UH, I DON'T THINK ANYTHING ELSE.

I HAVE NO NEGATIVES ON THIS WHATSOEVER.

DO I HEAR A MOTION? I MOVE THAT WE APPROVE P 986 DASH 22.

UM, I GUESS PC 22 DASH NINE DASH NINE.

THE MOTION BY MR. HOLROYD IS TO ADAPT PC 22 DASH NINE TO RECOMMEND APPROVAL FOR AN APPLICATION FOR A SPECIAL USE PERMIT AND TO AUTHORIZE A COMMERCIAL RECEPTION HALL AT 33 0 1 HAMPTON HIGHWAY, MR. KING.

YES.

MR. CRINER.

YES.

MR. SMITH.

MR. PETERMAN, MR. HOLROYD.

MR. LEDA? YES.

MR. TITUS, THE MOTION PASSES.

OKAY.

UH, WHEN WILL THAT GO BEFORE THE BOARD? I CAN'T SAY WITH A HUNDRED PERCENT CERTAINTY, BUT I THINK I'M REASONABLY CONFIDENT THAT IT WILL GO TO THE BOARD AT THEIR APRIL 19TH MEETING APRIL 19TH.

OKAY.

SO I'M GOING TO CLOSE THE PUBLIC HEARING.

AND IS THERE ANY OLD BUSINESS THAT NEEDS FOR THE COMMISSIONER?

[00:40:01]

IS THERE ANY NEW BUSINESS?

[Proposed Capital Improvements Program, FY 2023-2028]

WE HAVE ONE ON THE CAPITAL IMPROVEMENT PROGRAM.

OKAY.

YES.

UH, MR. CHAIRMAN, EVERY YEAR, THE COMMISSION IS ASKED TO, UH, ADOPT A RESOLUTION CERTIFYING THAT THE PROJECTS AND THE COUNTY ADMINISTRATORS PROPOSE CAPITAL IMPROVEMENTS PROGRAM SIX YEAR IMPROVEMENT PROGRAM ARE IN CONFORMANCE WITH THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN.

UH, WE HAVE PROVIDED A CROSS-REFERENCE TABLE LINKING THE DIFFERENT, UH, PROJECTS TO ONE OR MORE OF THE GOALS, OBJECTIVES, STRATEGIES IN THE COMP PLAN.

AND SO WE RECOMMEND THAT YOU ADOPT RESOLUTION PC 22 DASH 11 TO CERTIFY THE CIPS AND CONFORMANCE ANY QUESTIONS, COMMENTS BY THE COMMISSION AT ONE QUESTION.

YES.

UM, AS I GO THROUGH THE LIST, PREDOMINANT, A NUMBER OF THE IMPROVEMENTS ARE IN THE YORKTOWN AREA.

AND WHEN I LOOKED THROUGH CITIZEN COMMENTS, PARTICULARLY AROUND COMP PLAN, UM, ONE OF THE MORE SIGNIFICANT COMMENTS I CONTINUE TO HEAR IS WHAT ARE WE DOING TO IMPROVE OUR SPORTS FACILITIES OR RECREATIONAL FACILITIES, UH, IN THE COUNTY.

UM, I'M REMISSED TO SEE ANYTHING ON THIS LIST THAT ADDRESSES THAT I'M WONDERING, IT'S PROBABLY NOT GOING TO CHANGE THIS YEAR, BUT I THINK WE NEED TO BE FOCUSED ON WHAT IMPROVEMENTS CAN WE BE DOING OR MAKING IN RECREATIONAL AREA.

UH, AND I WOULD CERTAINLY ASK, UH, THAT YEAH, PER COUNTY ZONE ONE OR DISTRICT ONE BE CONSIDERED FOR SOMETHING ALONG THAT LINE.

OKAY.

UH, ANY OTHER QUESTIONS OR COMMENTS? OKAY.

MR. CHAIRMAN, I WRITE TO, UH, ENTERTAIN A MOTION.

ONE MORE, MORE QUESTIONS.

I HAVE A COMMENT.

OH, I THOUGHT YOU SAID THERE WAS NO MORE, I'M SORRY.

I ASKED YOU IF THERE WASN'T, ANYWAY, THIS IS NOT A BIG THING PARTICULARLY, BUT THERE THERE'S ONE ITEM HERE ON THE PASSENGER BUS.

IF I DON'T BRING THIS UP BECAUSE IT'S NEAR AND DEAR TO THE FAMILY, UH, PROVIDE PARTICULAR MOBILITY NEEDS FOR OTHER SENIOR POPULATION WHEN PLANNING TRANSPORTATION PROGRAMS AND FACILITIES, THE LINE ITEMS, PROJECT TITLE IS PASSENGER BUS AND THAT'S THE COMPREHENSIVE PLAN GOAL, AND OBJECTIVE THAT SUPPORTS THAT PLAN.

AND THEN ON THE DETAILED, A LITTLE SPREADSHEET THAT HAS ALL THE, ALL OF THE ITEMS DOWN THERE, IT'S A CS, I THINK 88, 25 IT'S ON PAGE THREE OR SOMETHING LIKE THAT.

IT'S GOT A MINI BUS REPLACEMENT.

I DON'T KNOW IF THAT'S THE SAME THING OR NOT, BUT THAT WAS JUST IF THAT'S THE SAME THING OR NOT.

IT WAS, IT WAS MENTIONED AT THE SENIOR BOARD TODAY THAT THAT BUS IS NOT FOR THE SENIOR CENTER IT'S FOR PARKS AND RECS AND YOUR BUS.

UH, THAT'S THAT'S REFERENCED THERE IS, IS FOR THE SENIOR CENTER.

OKAY.

CAUSE IT BASICALLY THE, THE BOARD MEMBER ON THE SENIOR CENTER THAT I'M WELL ACQUAINTED WITH CAME OUT OF THAT MEETING.

HE SAID THAT BUS WAS SPECIFICALLY NOT FOR THE SENIOR CENTER.

IT WAS FOR PARKS AND RECS AND THE SENIOR CENTER COULD USE IT.

WELL, IT'S FOR BOTH.

I MEAN, SENIOR CENTER, UNDERNEATH PARK, UH, PROGRAMS, SENIOR CENTERS FALLS UNDER PARKS AND REC.

BUT YEAH, I WOULDN'T SAY EXCLUSIVELY FOR THE SENIOR CENTER.

HOPEFULLY THEY WOULD HAVE LIKE SOME KIND OF PRIORITY TO USE IT.

AND HOPEFULLY IT WOULD HAVE A LIFT OF SOME KIND BECAUSE THEY MAY NEED THAT.

OKAY.

DO I HEAR A MOTION TO APPROVE A DC 2211 ROUND TWO? MR. CHAIRMAN ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO RECOMMEND APPROVAL OF A PC 22 DASH 11 CAPITAL IMPROVEMENT PLAN.

THANK YOU, MR. KING, WE CAN TAKE A ROLL KIDS MOTION BY MR. KING IS TWO DASH 11 TO CERTIFY THE, YOUR COUNTING CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2023 THROUGH 2028.

MR. SMITH.

YES.

MR. PETERMAN.

YES.

MR. HOLROYD MISS LIDO.

YES.

MR. KING, MR. CRINER.

YES.

YES.

THE MOTION PASSES.

THANK YOU.

ANY OTHER NEW BUSINESS?

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

WE HAVE, UH, STAFF REPORTS.

YEAH.

YES.

MR. CHAIRMAN AT THE FEBRUARY 14TH MEETING, THE BOARD OF SUPERVISORS APPROVED THE REZONING OF THE SHERIFF'S OFFICE SIDE ON GOODWIN NECK ROAD FROM A L B I L.

THEY APPROVED THE CAR RENTAL BUSINESS IN THE FORMER DAIRY QUEEN SIDE ON BYPASS ROAD.

THEY APPROVE TWO TOURIST HOMES, ONE ON PENNIMAN ROAD AND ONE

[00:45:01]

IN YORKSHIRE DOWNS NEXT WEEK, UH, ON THEIR AGENDA, THEY HAVE, UH, THREE APPLICATIONS THAT YOU ALL RECENTLY CONSIDERED.

UH, THE APPLICATION FROM LOCKE SUPPLY COMPANY TO OPERATE A WHOLESALE TRADE ESTABLISHMENT WITH OUTDOOR, UH, STORAGE AND THE OLD KMART SHOPPING CENTER ON, BY, UH, A WALL OF RAIL ROAD.

UH, TWO TOURISTS HOME APPLICATIONS, ONE ON NELSON STREET HERE IN THE VILLAGE AND THE OTHER ONE ON HAYMAKER PLACE IN WILLIAMSBURG BLUFFS, THE TOURIST HOME APPLICATION ON ALAN'S MIDDLE ROAD WAS ADVERTISED FOR THE MARCH 15TH MEETING.

UH, BUT IT'S GOING TO BE DEFERRED TO THE MAY 17TH MEETING AT THE APPLICANT'S REQUEST, UH, BECAUSE SHE IS GOING TO BE OUT OF TOWN ON THE 15TH.

BUT YOU, YOU WILL, IF YOU LOOK AT THE BOARD AGENDA, YOU WILL SEE IT LISTED THERE AND COMING UP ON YOUR APRIL 13TH AGENDA, OTHER THAN SIMS METAL, WE HAVE A COUPLE OF APPLICATIONS.

ONE IS IF YOU'RE FAMILIAR WITH THE COMMONWEALTH GREEN MIXED USE DEVELOPMENT, UH, AT THE END OF COMMONWEALTH DRIVE, THEY ARE COMING IN FOR SOME AMENDMENTS TO THEIR PROFFERS.

AND THEN WE ALSO HAVE AN APPLICATION FOR A TOURIST HOME ON RAILWAY ROAD, OUT IN THE DAIRY AREA.

AND THAT'S ALL I HAVE.

MR. CHAIRMAN.

THANK YOU, MR. CROSS, ANY,

[10. Committee Reports]

UH, COMMITTEE REPORTS? YES, MR. CHAIRMAN, UH, LAST WEDNESDAY WE HAD OUR, OUR 2040 COMP PLAN UPDATE, UH, MEETING, UH, AND WE HAD A DIFFERENT TYPE OF MEETING.

UH, LAST WEDNESDAY WE INVITED SOME GUESTS TO SPEAK ON, UM, CONSERVATION.

UM, WE HAD THREE GUEST SPEAKERS.

UM, THE AMERICAN HELPED ME OUT IN THE BATTLEFIELD TRUST AMERICAN BATTLEFIELD TRUST, THEN, UH, HISTORIC VIRGINIA LAND CONSERVANCY, HISTORIC VIRGINIA LAND CONSERVANCY.

AND THEN WE HAD OUR, OUR, UH, LOCAL YORKTOWN, YOUR COUNTY PRESERVE, UH, CONSERVE YOUR CODY FOUNDATION, CONSERVE YOUR COUNTY FOUNDATION WHILE I FUMBLED ALL THREE OF THOSE THEY'RE LONG-WINDED NAMES.

HOWEVER, IT WAS A GOOD MEETING.

AND, UM, UH, WE HAD, UH, A GOOD DISCUSSION.

I THINK THE PRESENTERS DID A GREAT JOB AND, AND, UH, RELAYING TO THE COMMITTEE, THE IMPORTANCE OF CONSERVATION, THE ROLE THAT PLAYS BOTH FROM ECONOMIC STANDPOINT AND AN ENVIRONMENTAL STANDPOINT, UM, AND, UH, PRESERVING THE CULTURE OF THE COUNTY.

SO, UM, AND THAT'S ALL I HAVE A REPORT, UNLESS THERE'S ANY QUESTIONS.

I HAVE NO QUESTIONS.

THANK YOU.

I, ANY OTHER COMMISSION REPORTS, REQUESTS LET'S ADJOURN THE MEETING DURING.