Apr 13, 2022 Planning Commission

[00:00:12]

OKAY.

CALL

[1.Call to Order]

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 EXERCISE THROUGH RECOMMENDATIONS, CONVEYED BY RESOLUTIONS OR OTHER OFFICIAL MEANS AND 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.

HAVE A ROLL CALL PLEASE.

MR. .

PRESENT MR. TITUS PRESENT MR. TOLEDO PRESENT MR. KING, MR. KARNER.

MR. SMITH.

MR. PETERMAN, MR. CHAIRMAN, YOU HAVE THANK YOU VERY MUCH, MS. STAND FOR THE PLEDGE OF ALLEGIANCE I FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

PLEASE BE SEATED.

OH, NEXT ON.

THE AGENDA

[4.Approve Minutes–March 9, 2022]

WE CAN'T CLOSE IT AND THEN MOVE TO CONTINUE IT.

SO WE NEED TO CHANGE THE WORDS AND MAKE THAT CORRECTION.

OKAY.

SO, UH, THEN WE, IS THERE ANY OTHER CHANGES OR ADDITIONS SUBTRACTIONS TO THEM? NOTHING.

OKAY.

I MOVE, WE ACCEPT THE MINUTES AS AMENDED THE MOTION BY MR. PRINER IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON MARCH 9TH, 2022 AS AMENDED MR. , MS. LOLITA, MR. KING, MR. CRINER, MR. SMITH, MR. PETERMAN, MR. TY DEATH.

YES, THE MOTION PASSES NEXT.

WE COME TO THE POINT OF THIS MEETING, WHERE WE HAVE CITIZENS COMMENTS OUT THERE.

IF THERE'S ANYBODY OUT THERE WHO WISHES TO SPEAK BEFORE THIS COMMISSION ON ANYTHING OTHER THAN WHAT'S ON THE AGENDA AND NOW'S YOUR OPPORTUNITY TO COME FORTH AND, UH, SO SPEAK, SEEING NONE WE'LL CONTINUE ON WITH THE PUBLIC HEARINGS.

[Application No. SE-26-22, SMM Southeast LLC d/b/a Sims Metal Management: Request for a Special Exception, pursuant to Section 24.1-801(a)(2) of the York County Zoning Ordinance,to authorize a 50% expansion of a nonconforming metal recycling plant on a 2.9-acre parcel(GPINS03d-4557-1424)located at 2114-A George Washington Memorial Highway (Route 17).The property is zoned GB (General Business) and designated General Business in the Comprehensive Plan.(Deferred from the March 9 meeting)]

AND MR. CROSS, THANK YOU.

GOOD EVENING, MR. CHAIRMAN MEMBERS OF THE COMMISSION, AS YOU KNOW, UH, THERE IS A REQUEST FROM THE APPLICANT TO TABLE THIS APPLICATION TO YOUR MAY 11TH MEETING.

UH, SO I, I'M JUST GOING TO GIVE A VERY BRIEF OVERVIEW AND NOT A FULL PRESENTATION, UH, BUT THE REQUEST IS FOR EXPANSION SPECIAL EXCEPTION TO EXPAND THE NON-CONFORMING SIMS METAL RECYCLING PLANT ON ROUTE 17.

UH, ACTUALLY ON THE LANDLORD PARCEL OFF OF ROUTE 17 OUTLINED IN BLUE ON THE ZONING MAP HERE.

UM, AND THE PURPOSE OF THE EXPANSION IS TO ALLOW THEM TO KEEP IN PLACE AND ACTUALLY ADD TO, UH, THE SHIPPING CONTAINERS, UH, THAT HAVE BEEN, UH, INSTALLED OUT THERE ON THE PROPERTY, UH, FOR NOISE ATTENUATION PURPOSES.

UH, WHAT YOU SEE ON THE AERIAL PHOTO HERE, UH, THE, UH, THE, THE YELLOW LINES REPRESENT, UM, SHIPPING CONTAINERS THAT ARE CURRENTLY IN PLACE.

AND THEN THE GREEN LINE REPRESENTS, UH, NEW CONTAINERS THAT WOULD BE, UH, ADDED FOR ADDITIONAL, UH, NOISE CONTAINMENT, UH, UH, BECAUSE, UH, BECAUSE AS SOON AS METAL IS A NON-CONFORMING USE, UH, THESE ONLY WARRANTS REQUIRES THEM TO GO THROUGH THIS PROCESS AND GET APPROVAL FROM THE BOARD OF SUPERVISORS, UH, FOR ANY KIND OF EXPANSION OF NON-CONFORMING USE AS THEY USE.

IT WAS LEGAL WHEN IT WAS ESTABLISHED, BUT SINCE THEN THE ZONING ORDINANCE HAS CHANGED AND IT'S NO LONGER A PERMITTED PERMITTED USE.

UM, SO, UH, OUR RECOMMENDATION TONIGHT, UH, IS THAT YOU, UH, GO AHEAD AND REOPEN THE PUBLIC HEARING AND GIVE

[00:05:01]

UH, I THINK, UH, I THINK WE NEED TO MOVE FORWARD ON THIS APPLICATION, UH, IN MAY.

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

THE COMMISSIONERS HAVE ANY QUESTIONS FOR MR. CROSS.

TH THE ONLY QUESTION I HAVE IS DID THE COMMUNICATION FROM THE APPLICANT INDICATE THAT BY THIS NEXT DELAY, THAT THAT COULD POTENTIALLY AFFECT THE WAY THIS APPLICATION IS SUBMITTED OR WILL IT PRETTY MUCH BE THE SAME, PRETTY MUCH, PRETTY MUCH THE SAME.

UH, THE, THE COMMUNICATION I GOT WAS, WAS FAIRLY, UH, NONSPECIFIC AND JUST REFERRED TO SOME TANGENTIAL ISSUES THAT NEED TO BE WORKED OUT BETWEEN THE PROPERTY OWNER, UH, AND SIMS METAL, BUT I DON'T THINK IT CHANGES THE, IT WILL CHANGE THE SUBSTANCE OF THE APPLICATION.

NO, SIR.

OKAY.

THANK YOU, MR. CARLOS, I HAD ONE ADDITIONAL QUESTION THAT I'VE HAD A LOT OF EXPERIENCE WITH SHIPPING CONTAINERS AND I'VE SEEN WHAT HAPPENS IN HIGH WINDS, SO THEY TOPPLE VERY EASILY.

I JUST WONDER WHAT'S BEING DONE TO SECURE THESE PROPERLY SO THAT THERE ISN'T AN ISSUE OF EMPTY CONTAINERS FLYING.

UM, I KNOW I DON'T EXPECT YOU TO HAVE AN ANSWER TO THAT, BUT I, I WOULD LIKE THE APPLICANT TO ADDRESS THAT POINT, UH, WHEN HE DOES BRING THE, UH, PROPOSAL FORWARD.

RIGHT.

I, I SHOULD'VE MENTIONED THAT, UH, ASSUMING THAT YOU CONTINUE THE, UH, GO AHEAD AND TABLE THE APPLICATION, UH, WE'LL DO, UH, YOU'LL HAVE A FULL STAFF PRESENTATION AT THAT TIME.

THANK YOU.

OKAY.

THANK YOU, MR. CROSS, I THINK, UH, THE, IS THE APPLICANT HERE, UH, MR. WERE GOING TO OPEN THE PUBLIC HEARING AND, UH, THERE'S A, THERE IS A, UH, YEAH, MR. PARDON? GOOD EVENING.

I'M ACTUALLY HERE ON BEHALF OF BLACKIES, WHICH IS THE PROPERTY OWNER.

SIMS METAL IS REPRESENTED.

REPRESENTATIVE IS HERE AND WE'RE BOTH HERE BECAUSE WE'RE STILL WORKING ON THE ISSUES BETWEEN OUR RESPECTIVE PARTIES, BUT, UH, I BELIEVE THERE HAS BEEN SOME ISSUES BEEN ADDRESSED WITH REGARD TO THE CONTAINERS AND HOW THEY WOULD BE STRUCTURED, BUT, UH, WE WOULD, WE WOULD RESPECTFULLY ASK THAT IT BE TABLED UNTIL THE NEXT MEETING, SO WE CAN FINALIZE SOME OF THE DETAILS BETWEEN THE PROPERTY OWNER IN SIMS METAL.

OKAY.

THANK YOU.

THANK YOU.

OKAY, ANY QUESTIONS? THANK YOU, SIR.

UH, MR. HINCKLEY, COME, PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS PLEASE.

AND I THINK YOU HAVE, WHAT, THREE MINUTES? UH, I'M JEFFREY HINCKLEY.

I LIVE AT 604 TAB LAKES DRIVE.

THAT'S RIGHT ACROSS FROM SIMS. UM, UH, FIRST OF ALL, THANKS FOR THE OPPORTUNITY TO SPEAK.

UM, I'VE READ THE PACKET THAT YOUR STAFF PREPARED AND IT LOOKS THOROUGH.

UM, IT MENTIONS THAT SOME RESIDENTS HAVE COMPLAINED ABOUT NOISE AND WELL, I'M HERE TO PROVIDE A FACE TO GO WITH THAT IN THE PACKET.

UM, I'M NOT SPEAKING FOR ANYBODY ELSE HERE.

I'M NOT SPEAKING FOR MY NEIGHBORS.

I'M JUST SPEAKING FOR MYSELF, BUT I D I, I AM CLOSE TO THE PROBLEM.

UM, I'VE LIVED IN TAP LAKES FOR 30 YEARS THIS MONTH, AND, UH, I'VE BEEN CORRESPONDING WITH CODES COMPLIANCE SINCE 2018, ABOUT OUR ARC COMPLAINED ABOUT THE NOISE.

UM, IT LOOKS TO ME AS IF SIMS IS MAKING A GOOD FAITH EFFORT TO REMEDIATE THE NOISE.

THEY'VE, UH, PUT THE, UH, CONTAINERS IN PLACE THEY'VE COME AND GONE, UM, THERE, BUT THE MAIN POINT I WANT TO LEAVE YOU WITH TONIGHT THOUGH, IS THAT THE CURRENT IS NOT ACCEPTABLE.

UM, AND I'VE, I'VE SENT YOU SOME DOCUMENTATION, BUT I, AND I WOULD INVITE YOU TO COME DOWN TO MY HOUSE OR I'VE, I'VE ACTUALLY BROUGHT MY HOUSE TO YOU TONIGHT.

I HAVE A, THE RECORDING THAT I MADE YESTERDAY, THAT'S THE SOUND OF THOSE ARE 75 DECIBEL SOUND PEAKS, UH, IN PUBLIC SOUND LIKE THAT IS VERY ANNOYING.

IT'S BEEN DOCUMENTED, YOU KNOW, IN THE LITERATURE.

UM, BUT THE KEY THING THERE IS THAT IT'S 10 DECIBELS LOUDER THAN THE CODE ALLOWS, AND THAT'S TWICE AS LOUD.

UH, THAT'S ALL I'VE GOT TO SAY TONIGHT, UNLESS YOU'VE

[00:10:01]

WHEN YOU SAY THAT THE CONTAINERS ARE IN PLACE, ARE THEY THREE STORIES HIGH ALREADY? THEY WERE THREE STORIES.

THEY'RE CURRENTLY TWO STORIES.

THEY PUT THEM UP AND TOOK THEM BACK DOWN.

OKAY.

THANKS.

DID YOU SHOW YOUR NEW CHANGE WHEN THEY INSTALLED? WELL, BECAUSE OF THE WAY, THE LOT IS SITUATED, YOU CAN SEE FROM THE ZONING MAP, THAT THE LOT IS ANGLED OFF AT 17 AND THOSE CONTAINERS, THE FIRST ONES THEY PUT UP HAD NO EFFECT BECAUSE THE OPERATION THEY'RE CONDUCTING ISN'T IN LINE OF SIGHT BEHIND THOSE CONTAINERS.

I MEAN, IT'S, I, I CAN STILL SEE THE CRANE OPERATING AND I CAN STILL SEE THE DUMPSTER.

THEY'RE PUTTING THE SORTED MEDDLING TOO.

RIGHT.

THANK YOU.

OKAY.

UH, CLINT FLANAGAN, DID YOU PLEASE COME FORWARD STATE YOUR NAME ADDRESS? YES, SIR.

MY NAME IS CLINT FLANAGAN.

MY ADDRESS IS 5 0 4 TABLETS DRIVE.

I AM JUST DOWN THE ROAD FROM MR. HINCKLEY, AND I ALSO HAVE THE SAME NOISE SITUATION THAT HE DOES, UH, HOWEVER, BECAUSE I AM DOWN THE ROAD SLIGHTLY AND NOT DIRECTLY BEHIND SIMS, THE METAL CONTAINERS HAVE NO EFFECT ON THE NOISE COMING OUT FROM THE SIDE.

UH, IN FACT, INSTEAD OF BEING DIRECTLY BEHIND IT, PORTA CONTAINERS ARE I'M OFF TO THE SIDE AND THE NOISE EXISTS SCAPING THROUGH DECIDE.

UH, SO JUST THIS AFTERNOON, UH, THERE WAS TREMENDOUS AMOUNT OF NOISE FOR AN HOUR OR SO, UH, BECAUSE THEY WERE EMPTYING METAL COMPONENTS INTO SOME TYPE OF TRAILER AND METAL FALLING ON METAL FROM A HEIGHT, CREATED QUITE A BIT OF NOISE.

THE OTHER ISSUE THAT I HAVE WITH IT IS THE POSSIBILITY OF AN INDUSTRIAL ACCIDENT.

SO CLOSE TO A RESIDENTIAL AREA, UH, WITH THE, UH, UH, APPLICATION REQUESTING A 0.47 EXPANSION IN THE BIG, IN THE AREA, IN THE BUSINESS THAT IS THERE.

NOW IT INCREASES OR HAS THE POTENTIAL TO INCREASE THE NOISE.

AND ALSO THE INDUSTRIAL ACCIDENT.

AS WE KNOW, FROM JUST A FEW WEEKS AGO, SIMS METAL HAD AN ACCIDENT AND ITS CHESAPEAKE, UH, PLANT.

UH, WE ARE VERY, VERY CLOSE TO THE MAIN TAB LAKES, TOXIC FUMES, AND PERHAPS, UH, FLAMING SURF SENDERS.

THAT TYPE OF THING COULD PRESENT A POTENTIAL ISSUE, ESPECIALLY WHEN THE SEPARATION BETWEEN US IS SLIGHT FORESTATION.

UH, SO TREES AND THE BRIM, THAT BEAM THAT IS THERE HAS POTENTIAL OF CATCHING ON FIRE ALSO IN CREATING THE ISSUE.

UH, SO THOSE ARE THE TWO ISSUES THAT I WANTED TO BRING IN FRONT OF THE COMMISSION.

UH, AND I APPRECIATE VERY MUCH THE OPPORTUNITY TO DO SO.

I THANK YOU, MR. PEANUT, MAN, DID YOU HAVE ANYTHING? I WAIT OUT, KEVIN.

THANK YOU.

THANK YOU, SIR.

HEY, UH, KURT SEVERANCE, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS, AND YOU HAVE THREE MINUTES, SIR.

THANK YOU.

I'M KURT SEVERANCE AT ONE-ON-ONE JONATHAN JUNCTION.

UH, NOT TOO FAR FROM THE INDIVIDUALS YOU JUST HEARD FROM I'M WITHIN 500 FEET OF THE SIMS METAL FACILITY.

SO I'D LIKE TO THANK THE COMMISSION FOR HAVING THIS PUBLIC HEARING.

AND I'D LIKE TO THANK COUNTY CODES AND COMPLIANCE AND THE SHERIFF'S OFFICE FOR RESPONDING TO NEIGHBORHOOD COMPLAINTS REGARDING SIMS METAL NOISE OVER THE YEARS.

AND IT HAS BEEN FOR YEARS NOW.

UM, I REMEMBER WHEN I CALLED THE SHERIFF BECAUSE SIMS METAL WAS OPERATING BEFORE 7:00 AM, AND THAT IS CERTAINLY NOT ALLOWED TO EMANATE THAT KIND OF NOISE BEFORE 7:00 AM, BUT ALSO I WOULD LIKE TO THANK SIMS METAL FOR BEING HERE AND FOR WORKING TO FIND A POSSIBLE SOLUTION.

I THINK THEY'RE TRYING, UM, THE METAL CONTAINER WALLS THEY PROPOSE MAY HELP.

THEY MAY NOT.

I'M NOT SURE.

WE HAVEN'T REALLY SEEN ACTUAL PHYSICAL MEASUREMENTS AND THERE ARE NO MEASUREMENTS MENTIONED IN THAT PACKAGE.

I DON'T THINK, UM, IT DOES MAKE YOU WONDER WHY TSUMS, HASN'T PROPOSED A MORE PROVEN STANDARDS SUCH AS CONCRETE SOUND DEBATE IN THE WALLS.

LIKE THOSE USED ALONG HIGHWAYS LET'S ADMIT A CONCRETE WALL WOULD PROBABLY BE A MORE STANDARD AND PROFESSIONAL SOLUTION.

ONE BIG DRAWBACK OF THE METAL OF COURSE, IS THAT IT CAN QUICKLY RUST AND DETERIORATE AND BECOME YET ANOTHER EYESORE IF IT'S NOT REGULARLY MAINTAINED.

AND, AND YOU'VE SERVED, YOU MENTIONED THE, THE PROBLEM WITH CONTAINER WALLS IN THE WIND.

THAT'S SOMETHING ELSE I'VE CONCERNED ABOUT.

WHAT IF WE HAVE A TORNADO IN THE AREA, ARE THESE CONTAINER WALLS GOING TO GO FLYING? UM, ACTUALLY THERE'S ALREADY SIGNS OF RUST ON SOME OF THOSE CONTAINERS.

SO IF, IF THE WALLS ARE APPROVED, I

[00:15:01]

NOW, THERE IS AN ACOUSTIC ANALYSIS REPORT INCLUDED IN THE, IN THIS PACKAGE.

IT'S VERY BRIEF THOUGH.

IT'S LESS THAN TWO PAGES.

I WORK AT NASA, SO I KNOW THAT MOST ENGINEERING REPORTS ARE SO LONG.

YOU WOULD NEVER EVEN BOTHER, BUT THIS IS ONLY TWO PAGES.

AND IT EVEN ADMITS THAT ACOUSTIC TESTS HAVE NOT BEEN PERFORMED.

SO I'D FEEL A LOT BETTER IF THE ANALYSIS WAS MORE THOROUGH THAN WHAT'S IN THE PACKAGE AND I'D FEEL BETTER IF ACTUAL MEASUREMENTS HAVE BEEN TAKEN TO VERIFY THE CLAIMS. SO IN CLOSING, I ALSO HOPE THAT AT SOME POINT, THE COUNTY STEPS BACK AND CONSIDERS THE BIGGER PICTURE HERE, SIMS METAL IS A HEAVY, NOISY, DISRUPTIVE INDUSTRIAL OPERATION OCCURRING IN AN AREA ZONED ONLY FOR GENERAL BUSINESS, RIGHT NEXT TO A RESIDENTIAL NEIGHBORHOOD FOR ALMOST 20 YEARS.

NOW, FOLKS LIKE MYSELF AND OTHER NEIGHBORS HAVE HAD TO TOLERATE THE NEWS FROM SIMS THE NOISE FROM SIMS METAL.

AND TO THIS VERY DAY TODAY, I COULDN'T ENJOY MY PROPERTY OUTDOORS BECAUSE OF THE EMANATING NOISE IS JUST, DOESN'T SEEM RIGHT.

THANK YOU.

THANK YOU.

IS THERE ANYONE ELSE THAT WISHES TO SPEAK ON, UH, ON THIS, THIS APPLICATION? OKAY.

UH, I THINK THIS IS AN APPLICATION WE NEED TO CONTINUE TO NEXT MONTH.

AND SO I WILL NOT CLOSE THE PUBLIC HEARING.

WE'LL JUST CONTINUE IT UNTIL NEXT MONTH.

UH, DO I HEAR A MOTION? IS THE MOTION BY MR. CRINER IS TO CONTINUE THE PUBLIC HEARING TO MAY 11TH, MAY 11TH PLANNING COMMISSION MEETING MR. LEE DUMB.

YES.

MR. KING, MR. CRINER, MR. SMITH, MR. PETERMAN, MR. HALL, RIGHT MR. TITUS, THE MOTION PASSES.

THANK YOU.

NEXT UP

[Application No.PD-57-22, Commonwealth Green, LLLP: Request to amend the previously approved overall development master plan and proffered conditions for the Commonwealth Green Planned Development on approximately 45.9 acres located on the east side of the York County-City of Newport News border approximately 980 feet south of the intersection ofCommonwealth Drive (Route 1839) and Village Avenue (1838). The applicant is requesting toamend the master plan and proffers by removing the required road connection between KeenerWay and Route 17 identified asJeanette Drive and replacing the proffered extension of a publicwater line and a public gravity sanitary sewer line to Route 17 with a proffered dedication of autility easement between Keener Way and Route 17. The property is zoned PDMU (PlannedDevelopment-Mixed Use) and designated Mixed Use with a Mixed Use overlay designation in the Comprehensive Plan.]

THANK YOU, MR. CHAIRMAN.

UH, THIS APPLICATION IS A REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR THE COMMONWEALTH GREEN PDMU THAT'S PLANNED DEVELOPMENT MIXED USE, UH, OUTLINED IN BLUE ON THE ZONING MAP HERE, COMMONWEALTH GREEN IS A MIXED USE DEVELOPMENT OCCUPYING ABOUT 46 ACRES, UH, RIGHT ALONG THE NEWPORT NEWS CITY LINE, UH, UH, EAST OF COMMONWEALTH DRIVE, UH, SURROUNDING ZONING GENERAL BUSINESS ECONOMIC OPPORTUNITY.

AND THEN YOU'VE GOT A LIMITED INDUSTRIAL UP THERE ON PRODUCTION DRIVE, BETHEL INDUSTRIAL PARK.

UM, THE, UH, DEVELOPMENT WAS APPROVED BACK IN 2012 AS A MIXED USE DEVELOPMENT WITH, UH, UH, 324 APARTMENT UNITS, THE COMMONWEALTH YORK APARTMENTS THAT ARE OUT THERE NOW, UH, THE 94 UNIT MAINSTAY CONDOMINIUMS, WHICH ARE UNDER CONSTRUCTION CURRENTLY, UH, AT THIS POINT, I BELIEVE THEY HAVE 62 COMPLETED UNITS OF THE 94 THAT THEY'RE APPROVED FOR, AND ALSO A LITTLE OVER 40,000 SQUARE FEET OF NON-RESIDENTIAL, UH, CIVIC, COMMERCIAL SPACE.

UM, THEY, UH, UH, JUST ABOUT FINISHED BUILDING THE FIRST OF THREE, UH, THREE UNIT MIXED USE BUILDINGS, UH, LIVE ABOVE WITH RESIDENTIAL OVER RETAIL.

AND, UH, THEY HAVE A, UH, COMMERCIAL PARCEL ON THE, UH, UH, CORNER OF COMMONWEALTH DRIVE AND KEENER WAY.

CURRENTLY THERE'S A SITE PLAN, UH, UNDER REVIEW FOR A MOTEL IN THAT LOCATION.

UH, THE IDEA OF MIXED USE AND THIS AREA THAT GOES BACK TO THE 2005 COMPREHENSIVE PLAN.

UH, THAT'S WHEN WE CREATED THE MIXED USE OVERLAY DESIGNATION.

AND THIS MAP IS FROM THAT PLAN, UH, AND WE APPLIED IT, UH, TO VARIOUS AREAS OF THE COUNTY, INCLUDING THIS ONE, WHAT WE CALL THE KEENER CUP BARAIN AREA.

AND THE IDEA WAS THAT, UH, THIS SEEMED TO BE, IT WAS A WIDE OPEN, UH, LARGE AREA, UH, WITH GOOD ACCESS, UH, TO, UH, VICTORY BOULEVARD, , UH, NEWPORT NEWS AIRPORT TO THE WEST AND, UH, WITH POTENTIALLY ACCESS, UH, TO THE EAST,

[00:20:01]

SO THE VISION THAT'S LAID OUT IN THAT COMP PLAN WAS FOR SORT OF A MASTER PLAN, UH, OFFICE PARK WITH RESIDENTIAL, AND YOU COULD HAVE RETAIL, UH, ON THE ROUTE 17 SIDE, AND IT WAS ALL PREDICATED ON, UH, HAVING ACCESS TO COMMONWEALTH DRIVE TO THE WEST AND ROUTE 17 TO THE EAST.

AND YOU CAN SEE, UH, ON THE MAP HERE FROM THE COMP PLAN, UH, THAT IT WAS ENVISIONED AS, UH, TYING INTO A ROUTE 17 AT THE INTERSECT ITS INTERSECTION WITH COVENTRY BOULEVARD.

UH, AND YOU CAN SEE THAT A LITTLE BETTER, UH, ON THIS AERIAL PHOTO.

UM, SO THAT'S, THAT'S W WE ENVISIONED, UH, IN THE COMP PLAN A CONNECTION OVER THERE TO ROUTE 17 COVENTRY BOULEVARD.

AND, UH, I THINK THAT'S WHAT THE APPLICANT ALSO PREFERRED.

AND CERTAINLY THIS WOULD VEET UP, UH, UH, PREFERRED.

UNFORTUNATELY, THE APPLICANT WAS NOT ABLE TO REACH AN AGREEMENT WITH ONE OF THE PROPERTY OWNERS, UH, ON THE WEST SIDE OF 17, DIRECTLY ACROSS FROM COVENTRY BOULEVARD.

AND WITHOUT THAT COOPERATION, THERE WAS NO WAY THERE WAS NO WAY THAT THEY COULD PUNCH THAT ROAD THROUGH.

SO THEY LOOKED FOR THE BEST AVAILABLE ALTERNATIVE, AND WHICH TURNED OUT BEING, UH, WHAT YOU SEE HERE, UH, SORT OF A T INTERSECTION AT WHAT'S NOW KEENER WAY, UH, KIND OF A LOOPING AROUND TYING INTO ROUTE 17, UH, NEAR APPLE LANE, UM, KIND OF A CIRCUITOUS ROUTE.

UH, IT'S NOT EVEN, IT'S NOT AN, IT'S NOT A SIGNALIZED INTERSECTION LIKE COVENTRY BOULEVARD.

IT'S REALLY JUST A RIDE IN RIDE OUT, UH, REALLY NOT CONSISTENT WITH WHAT WAS ENVISIONED WHEN THE COMPREHENSIVE PLAN WAS, UH, DEVELOPED, BUT UNFORTUNATELY THEY HAD NO OTHER OPTION.

AND SO, UH, THE, UH, PLAN WAS APPROVED, UH, IN, IN THIS FASHION.

AND JUST A LITTLE BIT ABOUT COMMONWEALTH GREEN ITSELF.

THOSE ARE, UH, THE COMMONWEALTH AT YORK APARTMENTS ARE ACTUALLY 60 APARTMENTS ON THE NEWPORT NEWS SIDE.

UH, IN ADDITION TO THE 324 ON THE COUNTY SIDE, OUTLINED IN BLUE HERE, I MENTIONED THE MAIN STATE CONDOS UNDER CONSTRUCTION THEY'RE ON KEENER WAY.

AND, UH, THE THREE, THREE UNIT LIVE WORK BUILDINGS, UH, ON COMMONWEALTH DRIVE.

AND THEN THAT'S THE, UH, POTENTIAL, UH, MOTEL PARCEL DESIGNATE AS A COMMERCIAL PARCEL ON THEIR MASTER PLAN.

UH, AS I SAY, UH, STAFF HAD CONCERNS ABOUT THIS ROAD ALIGNMENT BECAUSE IT REALLY, WE DIDN'T FEEL THAT SHAVED WHAT WE WERE TRYING TO ACHIEVE WITH THE COMP PLAN.

AND, UH, IN FACT, THAT WAS ONE OF THE REASONS, ONE OF THE FACTORS THAT CONTRIBUTED TO, UH, OUR RECOMMENDATION OF DENIAL OF THE ORIGINAL APPLICATION.

UM, VIDOT ALSO FROM DAY ONE HAS NOT BEEN SUPPORTIVE OF THIS, UH, ROAD ALIGNMENT, BUT AGAIN, THE DEVELOPER WASN'T LEFT WITH A WHOLE LOT OF CHOICES.

SO, UM, A FEW PICTURES, UH, SO AS YOU'RE DRIVING DOWN COMMONWEALTH DRIVE, YOU CAN SEE THE APARTMENTS THERE IN THE BACKGROUND ENTRANCE TO COMMONWEALTH GREEN.

AND THEN, UH, ON THE, UH, UH, OFF OF COMMONWEALTH DRIVE, YOU'VE GOT, UH, JUST LOOKING DOWN KEENER WAY, AND THOSE ARE THE CONDOS, UH, THE, THE CONDO PORTION THAT'S, UH, UNDER CONSTRUCTION.

AND THEN YOU GET TO THE END OF KEENER WAY.

AND OF COURSE IT RIGHT NOW, IT JUST COMES TO A, A STOP THERE.

UH, AND, UH, I MENTIONED THE, UH, LIVE, UH, RESIDENTIAL OVER RETAIL, THE LIVE WORK BUILDINGS, UH, ONE IT'S ALMOST FINISHED, UH, ALMOST COMPLETE, UH, THERE ON COMMONWEALTH DRIVE.

THE APPLICATION, UH, IS THE REQUEST IS TO, UH, ELIMINATE THE REQUIREMENT FOR THE ROAD CONNECTION TO ROUTE 17.

UM, AND A LITTLE BIT ABOUT THE CHRONOLOGY, AS I SAID, THE DEVELOPMENT WAS APPROVED IN 2012, AND THERE WAS A SEQUENCING REQUIREMENT SAYING THAT THE ROUTE 17 CONNECTION, I SHOULD SAY THE ROUTE 17 CONNECTION ALSO INCLUDED, UH, EXTENSION OF UTILITIES.

AND, UH, BASED ON THE PROFFERS THAT WERE, UH, ACCEPTED BY THE BOARD, UH, THE ROUTE 17 CONNECTION HAD TO BE BUILT WITHIN TWO YEARS OF THE ISSUANCE OF BUILDING PERMIT FOR THE FIRST APARTMENT OR TOWNHOUSE BUILDING.

SO THAT MADE THE DEADLINE NOVEMBER OF 2016.

UH, THEY HAD SOME PROBLEMS, UH, WITH THE, UH, I SAY THEY, THE DEVELOPERS HAD SOME PROBLEMS WITH THE DEPARTMENT OF NORMAL DEPARTMENTAL QUALITY, GETTING THE WETLANDS, PERMITS.

THAT PROCESS TOOK A LOT LONGER THAN ANTICIPATED.

SO, UH,

[00:25:01]

AND SO THEY CAME BACK TO THE BOARD AND REQUESTING AN EXTENSION, UH, MAKING THE NEW, MAKING THE DEADLINE TWO YEARS WITHIN TWO YEARS OF THE ISSUANCE OF THE FIRST BILLING BILLING PERMIT FOR THE FIRST TOWNHOUSE, OR WAS TAKING OUT THE WORD APARTMENT.

SO THAT EXTENDED THE DEADLINE, BASICALLY OUT TO NOVEMBER OF 2019, UH, IN 2020, UH, THEY CAME BACK TO THE BOARD, UM, FOR ANOTHER EXTENSION OF THE DEADLINE.

AND, UH, THE CHANGE THAT WAS MADE THERE WAS TO EXTEND THE DEADLINE TO WITHIN TWO YEARS OF THE CERTIFICATE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE FIRST, UH, TOWNHOUSE UNIT.

SO THAT EFFECTIVELY EXTENDED THE DEADLINE TO, UH, OCTOBER OF THIS YEAR.

SO, UH, THIS IS THE REVISED, UH, MASTER PLAN THAT, UH, UH, IS CURRENTLY, UM, UH, THE OFFICIAL MASTER PLAN FOR THE DEVELOPMENT.

AND, UH, LAST YEAR, THE DEVELOPER, UH, DID SUBMIT A SITE PLAN FOR THE, UM, JEANETTE DRIVE, WHICH IS THE, UH, ROAD CONNECTION BETWEEN KEENER WAY AND ROUTE 17.

UM, THE CO UH, REVIEW COMMENTS, UH, THAT CAME BACK FROM BASICALLY SAID, UH, THAT THE ROAD CONNECTION SHOULD BE ELIMINATED.

UH, LIKE AS I SAID, FROM THE VERY BEGINNING, THEY DID NOT THIS ALIGNMENT, UH, THEIR PREFERENCE WAS THE SAME AS OURS.

SAME AS THE DEVELOPERS WAS, WOULD HAVE BEEN TO EXTEND COMMONWEALTH DRIVE TO ROUTE 17 ACROSS FROM COVENTRY BOULEVARD THAT SIMPLY WASN'T FEASIBLE.

UM, BUT THEY CONTINUE TO, UH, PUSH FOR THAT.

AND, UH, THEY ALSO HAD NUMEROUS CONCERNS ABOUT THE DESIGN OF THE ROAD.

THEY DIDN'T LIKE THE T INTERSECTION BETWEEN JEANETTE DRIVE AND KUNAR WAY.

THEY HAD, UH, EXPRESSED CONCERNS ABOUT CUT-THROUGH TRAFFIC, UH, BETWEEN 17 AND VICTORY, UH, ON, IN A RESIDENTIAL AREA ON REALLY A RESIDENTIAL STREET.

THAT'S NOT REALLY DESIGNED FOR, FOR THAT KIND OF TRAFFIC.

UH, THEY HAD CONCERNS ABOUT THE PLACEMENT OF UTILITIES UNDERNEATH THE ROAD PAVEMENT AND THE LACK OF SIDEWALKS.

SO, UH, AND THE DEVELOPER HAD REQUESTED SOME EXCEPTIONS TO SOME OF THESE RULES, UH, UP WAS NOT, UH, DID NOT DEMONSTRATE A LOT OF FLEXIBILITY.

AND, UH, AS I SAY, THE RECOMMENDATION IS SIMPLY THAT THE, UH, CONNECTION BE ELIMINATED IN A KEENER WAY AND IN A CUL-DE-SAC, UM, FROM THEIR STANDPOINT, FROM OUR STANDPOINT, UH, THE ROAD CONNECTION AS IT'S LAID OUT REALLY IS NOT CRITICAL.

AS I SAID BEFORE, IT DOESN'T ACHIEVE WHAT THE COUNTY WAS TRYING TO ACHIEVE WITH THAT MIXED USE, UH, OVERLAID DESIGNATION.

UM, AND, UH, SO, UH, AND IT'S, IT'S CLEAR THAT IT'S NOT GOING TO PROVE IT, UH, REGARDLESS.

SO, UH, OUR RECOMMENDATION IS THAT YOU, UH, APPROVE THE PROFFER AMENDMENTS THAT THE DEVELOPERS HAVE APPLIED FOR, AND THAT WOULD ELIMINATE THE REQUIREMENT FOR THE CONNECTION OUT TO ROUTE 17.

UH, IT WOULD, UH, REDO THE MASTER PLAN, TAKING THAT CONNECTION OUT, HAVING KEENER WAY AND IN A TRADITIONAL CUL-DE-SAC, UH, THE DEVELOPER WOULD PROVIDE A UTILITY EASEMENT, UH, BETWEEN CANER WAY AND, UH, ROUTE 17 FOR, UH, UH, PUBLIC WATER AND SEWER.

SO THAT IS THE REQUEST THAT'S BEFORE YOU TONIGHT, UH, WE RECOMMEND APPROVAL AND THAT CAN BE ACCOMPLISHED THROUGH THE ADOPTION OF RESOLUTION PC 22 DASH 13.

UH, THE DEVELOPERS, UH, MR. DAVIS IS GOING TO SPEAK ON BEHALF OF THE DEVELOPER, AND I'D BE HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE FOR ME, COMMISSIONERS ANY QUESTIONS.

IS THERE ANY OTHER OPTIONS REALLY THAT COULD BE DONE HERE, UH, AT THIS POINT? NO, UH, AT SOME POINT IN TIME, MAYBE, UH, YOU KNOW, THE PROPERTY OWNERSHIP COULD CHANGE OR THE PROPERTY OWNER COULD CHANGE THEIR MIND, BUT, YOU KNOW, WE JUST CAN'T, YOU KNOW, WAIT FOR, WAIT FOR SOMETHING THAT WILL PROBABLY NEVER HAPPEN.

UM, BUT THEY, THEY, UH, THEY HAVE, UH, MADE GREAT EFFORTS TO, UH,

[00:30:01]

WAS THERE ANY OPPORTUNITY TO CONNECT JANETTE DRIVE TO COMMONWEALTH DIRECTLY? WELL, I WOULDN'T ACCOMPLISH ANYTHING BECAUSE WHAT WE'RE LOOKING FOR IS A CONNECTION TO 17, UM, JENNA DRIVE TO US CONNECT TO 17 AND JEANETTE GENNARO DRIVE DOESN'T EXIST.

YOU'RE SAYING, LET ME PULL THE CAR UP.

IT COULD HAVE TURNED THE OTHER WAY AND GO TO COMMONWEALTH INSTEAD OF GOING TO KEENER, YOU'RE SAYING, UH, BUILD JEANETTE DRIVE AND THEN TRY IT INTO COMBAT WITH, WELL, UH, I KNOW THERE'S, UH, IF YOU LOOK AT THAT LARGE DARK GREEN AREA, IT'S A JURISDICTIONAL WETLANDS, AND I'M PRETTY SURE THEY DON'T STOP RIGHT AT THE PROPERTY LINE.

UH, SO I THINK THAT COULD BE PROBLEMATIC.

PLUS THEY WOULD HAVE TO START THEIR WETLANDS PERMITTING PROCESS ALL OVER AGAIN.

UM, AND I'M STILL NOT SURE THAT THAT WOULD ACCOMPLISH WHAT THE COMP PLAN SETS OUT, BECAUSE AGAIN, IT'S JUST A RIDE IN RIDE OUT.

IT'S NOT A FULL ACCESS, UH, CONNECTION AT 17, IT'S NOT SIGNALIZED ACCESS.

UH, SO I, I'M NOT SURE THAT THAT WOULD, THAT WOULD REALLY ACCOMPLISH ANYTHING AS FAR AS WHAT, YOU KNOW, WHAT WE'RE, WHAT WE HAD IN MIND WAS THAT MIXED USE OVERLY DESIGNATION.

I NOTICED THE PROFFER FOR THE, UH, RUNNING OF THE, THE UTILITIES, THE ACTUAL RUNNING OF THE UTILITIES WAS ELIMINATED AND REPLACED WITH AN EASEMENT.

OR WHY, W WHY DON'T YOU WANT TO THOSE UTILITIES RUN OUT THERE, ORDERING THE SEWER? WELL, I GUESS I'LL LET THE, UH, APPLICANT'S ADDRESS ESSENCE SAVE VOLUNTARILY PROFFER.

YOU KNOW, THE PROFITS DON'T COME FROM US.

THEY COME FROM THE DEVELOPER.

UH, I MEAN, IT, IT, OBVIOUSLY, IF YOU'RE BUILDING A ROAD, IT MAKES SENSE TO PROVIDE THE UTILITIES AT THAT TIME, BECAUSE THEY EITHER RUN UNDER THE ROAD OR ALONGSIDE THE ROAD.

AND IN THIS CASE, IF YOU APPROVE THIS, YOU KNOW, YOU WOULDN'T HAVE A ROAD.

SO, UH, YOU WOULD, I GUESS, LOSE SOME FLEXIBILITY AS FAR AS THE DESIGN.

UH, BUT, UH, I'LL, I'LL LET THE, UH, OPTION ADDRESS.

THANK YOU.

DON'T THINK THERE'S ANY, THANK YOU, MR. CROSS, YOU HAVE THE, UH, THE APPLICANT IS HERE MAYBE.

YEAH.

WOULD YOU, UM, ARE YOU A CORY? YES.

DONALD DAVIS.

OKAY.

PLEASE STATE YOUR NAME AND ADDRESS AND GET 10 MINUTES SOMETHING.

MR. CHAIRMAN MEMBERS OF THE PLANNING COMMISSION.

MY NAME IS DONALD DAVIS.

I'M A LAND SURVEYOR WITH DAVIS AND ASSOCIATES, AND WE'RE DOING THE ENGINEERING WORK ON THIS SITE.

WE'VE BEEN WORKING ON THIS FOR A LONG TIME NOW, 10 YEARS.

IT WAS A MATTER OF FACT.

UM, THE REASON WE'RE HERE TONIGHT IS TO REMOVE THE REQUIREMENT AND CHANGE THE PROFFER, REQUIRING A KEENER WAY TO BE ABLE TO GO JEANETTE DRIVE OUT TO ROUTE 17.

NOW, GOING BACK TO PRIOR TO 2012, WHEN IT WAS, THIS WAS APPROVED BY THE BOARD OF SUPERVISORS.

UM, AND BEFORE THAT TIME WE SPENT, UH, LITERALLY A YEAR OR TWO DEALING WITH DIFFERENT PROPERTY OWNERS, TRYING TO GET THE BEST LOCATION, TO BE ABLE TO PUT THIS ROADWAY.

THE ROAD THAT YOU SEE ON THE OVERHEAD THAT MR. CROSS HAS IS A MUCH LONGER ROADWAY GOING OUT TO ROUTE 17 THAN WHAT WOULD BE PROPOSED TO GO TO THE INTERSECTION OF THAT, UH, UH, ROUTE SEVEN, UH, ROUTE 17, UH, THAT IS SIGNALIZED CURRENTLY.

UM, SO WE SPENT QUITE A BIT OF TIME ON THIS.

WE FINALLY REACHED A DECISION AFTER A PURCHASING PART OF THE PROPERTY, WHICH WOULD BE IN COMMON, NOT COMMONWEALTH, BUT WITHIN THE JEANETTE DRIVE TO THE ONLY ROUTE WAS TO BE ABLE TO GO TO 17 FROM KEENER WAY.

NOW, SOME OF THE REQUIREMENTS THAT, UH, WERE GUARANTEED WITH THE PROFFER HAD TO DO WITH EXTENDING WATER AND SEWER OUT TO ROUTE 17, THE WATER IN THE SEWER LINES HAD TO BE OVERSIZED GREATLY AT A COST OF OVER $300,000.

NOW, I UNDERSTAND THAT MONEY DOESN'T REALLY MEAN ANYTHING, BUT I WANTED YOU TO KNOW THAT THERE WAS A LOT OF MONEY THAT WAS SPENT TO DO AN EXACTLY WHAT WAS PROPOSED TO DO THERE.

THE SEWER LINES HAD TO GO ALL THE WAY FROM THE ENTRANCE TO THE SUBDIVISION, UH, AT A, THE GREATEST DEPTH AND THE, UH, THE SLOPE, WHICH WOULD BE THE MINIMUM SLOPE ALL THE WAY TO THE END OF THE SITE.

ALSO THAT WAS DONE.

[00:35:01]

SO ALL OF THIS, UH, WAS A SUBSTANTIAL AMOUNT OF MONEY THAT WAS INVOLVED.

AND THAT INDICATED A FEW MINUTES AGO, THIS PIECE OF PROPERTY IS, UM, ONE THAT IS CURRENTLY OWNED BY MR. JUNIOR COXTON.

AND THEN THERE'S A PIECE OF THE PROPERTY THAT'S OWNED BY COMMONWEALTH GREEN LLLP.

THEY BOUGHT THAT PIECE OF PROPERTY SO THAT THEY WOULD HAVE THE ACCESS TO BE ABLE TO PROVIDE A ROADWAY OUT TO 17.

NOW, STARTING IN 2012, WHEN THE BOARD OF SUPERVISORS APPROVE THE APPLICATION, WE IMMEDIATELY STARTED WORKING WITH V DOT BECAUSE ONE OF THE REQUIREMENTS OF THE APPROVAL FOR THE SITE WAS THE V DOT HAD TO APPROVE THE PLAN AND THEY HAVE TO APPROVE IF IT'S GOING TO BE A PUBLIC RIGHT OF WAY.

UM, WE DEALT WITH, UH, THE DOT, UH, AT THE VERY FIRST PHASES.

AND THE FIRST REQUIREMENTS THAT WE HAD RETURNED TO US WAS THAT THAT WAS NOT THE APPROPRIATE PLACE.

AND WE KNEW THAT WE KNEW THAT FROM THE START WE WANTED TO COME IN FROM COMMONWEALTH DRIVE AND EXTENDED OUT TO ROUTE 17, BUT IT WAS NOT AVAILABLE TO PURCHASE.

SO WE, UH, WENT AHEAD AND WE STARTED GETTING OUR WETLANDS PERMITS, AND NOW FAST FORWARD TO ABOUT 20 14, 20 15, WE HAD DONE BY THAT TIME A LAYOUT AND THE LAYOUT WAS SUBMITTED TO THE YORK COUNTY PLANNING DEPARTMENT.

UM, MR. UH, AL MADELINA, WHO WAS THE, UH, DIRECTOR OF THAT DEPARTMENT AT THAT PARTICULAR TIME SAID, UH, MR. DAVIS, WE WILL APPROVE THE ONSITE APPROVED IMPROVEMENTS AND YOUR ADDITIONAL WATERLINES AND YOUR CEMETERY SEWER LINES.

BUT UNTIL YOU GET THE APPROVAL FROM THE US ARMY CORPS OF ENGINEERS FROM DEQ AND OTHER AGENCIES, WE'RE NOT GOING TO APPROVE THAT.

SO IT TOOK OVER FIVE YEARS BECAUSE THIS WENT FROM A NATIONWIDE PERMIT TO AN INDIVIDUAL PERMIT.

UM, THE OWNERS OF COMMONWEALTH GREEN HAVE ACTUALLY SPENT ALMOST $300,000 IN MITIGATION COSTS, WHICH INCLUDES WHERE THE ROAD IS LOCATED FOR WHAT WE'RE REFERRING TO AS JEANETTE DRIVE.

UM, THAT FINALLY IN 2019 WAS APPROVED, UM, AFTER A SUBSTANTIAL AMOUNT OF TIME AND EFFORT.

AND SO THEN THE PLANTS WERE MODIFIED SOMEWHAT, AND IT WAS RESUBMITTED.

NOW, FAST FORWARD TO MARCH OF THIS PAST YEAR, WHEN WE GOT COMMENTS FROM THE DOCK THAT BASICALLY SAID, WE DON'T WANT, WE DON'T WANT THIS LOCATION.

UH, W IF WE DO GET IT, WE'RE GOING TO REQUIRE YOU TO RELOCATE WHERE THE ROAD IS LOCATED, WHICH WOULD HAVE MEANT STARTED ALL OVER WITH THE, UM, LOCATION FOR THE ROADWAY AND WHERE THE PERMITTING THAT WAS IN PLACE.

SO WE'VE REACHED A DEAD END THERE.

UM, NOW IT TOOK UNTIL SEPTEMBER OF LAST YEAR TO BE ABLE TO GET A LETTER FROM V DOT INDICATING WHAT I'VE JUST TOLD YOU.

THE ORIGINAL RESPONSE THAT WE HAD FROM THE PLAN THAT WAS SUBMITTED IN MARCH OF LAST YEAR, DID NOT ADDRESS A NUMBER OF ISSUES THAT I HAD PREVIOUSLY ASKED THE BEAT OUT TO DO.

SO, ANYHOW, AFTER THAT POINT, THEN WE STARTED TALKING TO THE COUNTY AGAIN, AND WE'VE TALKED TO THE PLANNING DIRECTOR, UM, SUSAN CASTLE, WE'VE TALKED TO MR. CROSS, OF COURSE, WE'VE TALKED TO THE COUNTY ADMINISTRATOR, MR. DEAL, MORGAN.

SO NOW WE'RE HERE AT THE POINT OF NOVEMBER.

AND TIME IS RUNNING ON TO BE ABLE TO BUILD THIS ROADWAY.

WE HAVE PROFFERED FOR HAVING SAID THAT IT WAS DETERMINED THAT THE BEST THING TO DO BASED ON VARIOUS ENGINEERS FROM V DOT SAYING THAT THEY WOULD NOT APPROVE THIS ROADWAY TO COME BACK TO YOU AND ASK YOU TO MODIFY AND PLAY WITH THE REQUIREMENT TO BUILD OUT TO ROUTE 17.

SO WHAT WE HAVE INDICATED ALSO IN MR. CROSS, UM, MADE, UH, UH, INDICATION OF THAT IS THAT INSTEAD OF EXTENDING THE ROADWAY OUT TO 17, WE WOULD END IT IN A PERMANENT CUL-DE-SAC.

UM, AGAIN, THE SANITARY SEWER AND THE WATER LINES ARE IN PLACE CURRENTLY AT THE GREATEST DEPTH POSSIBLE, THE GREATEST SIDE AS POSSIBLE.

SO NOT BEING ABLE TO EXTEND THE ROADWAY, IT DIDN'T MAKE SENSE TO PUT IN THE UTILITIES THERE, CAUSE YOU'VE ALREADY GOT WATER, A MAJOR, UH, WATERLINE ON ROUTE 17 CURRENTLY.

SO THE ISSUE THAT CAME TO DID WE PUT THE SANITARY SEWER LINE IN AT THIS POINT.

SO WE, AGAIN, WE'VE LEFT IT AT THE GREATEST DEPTH POSSIBLE.

WE'D LEFT IN EAST WITH AIR, SO IT COULD GO THROUGH.

AND IF SOMEONE WOULD COME IN AND TALK TO YOU ABOUT OFFICE,

[00:40:01]

UM, AND THEN YOU COULD DEVELOP YOUR PROPERTY WITH A SMALL GROUND OR PUMP.

SO I GUESS HAVING SAID THAT, UH, I WAS STARTING QUITE A BIT OF TIME TRYING TO GIVE YOU SOME BACKGROUND DATA ON IT, BUT WE HAVE WORKED ON THIS FOR OVER 10 YEARS NOW, AND WE HAVE RUN INTO A ROADBLOCK AND VETO WILL NOT APPROVE THE PLAN.

OKAY.

I'D BE GLAD TO TRY AND ANSWER ANY QUESTIONS THAT YOU HAVE.

THANK YOU, MS. DAVIS, COMMISSIONERS COMMENTS, QUESTIONS IT, JUST TO CONFIRM.

SO THAT, THAT THE CHANGE IN THE APPLICATION THAT WILL NOW BECOME A PERMANENT CULTURAL SITE AT THE END.

THAT'S CORRECT.

AND WE WOULD HAVE TO PREPARE PLANS TO SUBMIT FOR REVIEW AND APPROVAL BY YOUR COUNTY, AND ALSO FROM VEDA TO BE ABLE TO BUILD THAT TO CURRENT V-LOC STANDARDS.

AND THAT WOULD BE TAKEN OVER BY VIETA FOR MAINTENANCE IN THE FUTURE.

OKAY.

THANK YOU VERY MUCH.

I DON'T HAVE ANY QUESTIONS.

I THANK YOU VERY MUCH.

THANK YOU.

HAVE A COUPLE OF CITIZENS THAT WISH TO COMMENT ON THIS.

THEY, MR. CORLEY, COREY WILEY, MR. WILEY, PLEASE STATE YOUR NAME AND ADDRESS.

AND YOU'VE GOT THREE MINUTES.

THANK YOU, SIR.

UH, AGAIN, MY NAME IS COREY WILEY.

MY ADDRESS IS 1 0, 2 MISSING QUARTER LOOP MISSING QUARTER LOOP ACTUALLY INTERSECTS WITH KEENER WAY.

SO, UM, I JUST WANTED TO COME IN THIS AFTERNOON OR THIS EVENING, I SHOULD SAY.

UM, AND JUST OFFER A FEW WORDS.

UM, YOU KNOW, WHEN YOU LOOK AT KEENER WAY AND AS IT HEADS DOWN TOWARDS WHERE I GUESS THE PROPOSED COL-DE-SAC WOULD BE, UM, YOU KNOW, THAT AREA HAS DEVELOPED QUITE A BIT OVER THE LAST FEW YEARS, I MOVED THERE IN, UM, UH, LATE SEPTEMBER OF 2020.

AND OF COURSE THERE WAS ONLY, UM, MY HOUSE.

IT WAS ACTUALLY THE FIRST THREE STORY HOUSE THAT WAS BUILT BACK THERE.

SO THERE WASN'T A LOT OF INFRASTRUCTURE.

WASN'T A LOT OF FAMILIES BACK THERE.

UM, SO YOU JUST DIDN'T REALLY KNOW WHAT THE AREA WAS GOING TO DEVELOP INTO.

UM, SINCE THEN THAT WHOLE AREA HAS BEEN COMPLETED WITH HOMES.

AND I'M ACTUALLY A LITTLE BIT SURPRISED AT HOW MANY CHILDREN ARE BACK IN THAT AREA.

UM, SO WHEN I HEARD THAT THERE WAS A PROPOSAL TO ACTUALLY MAKE THAT A THROUGH ROAD, UM, I WAS A BIT CONCERNED.

ONE WAS BECAUSE, UM, ONE OF THE THINGS THAT WAS STATED A LITTLE BIT EARLIER, WHICH WAS, UH, THE WIDTH OF THE ROAD, UM, BECAUSE AS YOU KNOW, THE PROPERTIES ON MAINSTAY, THEY'RE ONLY DESIGNED FOR, UH, DRIVEWAY ACCESS, DRIVEWAY PARKING.

UM, SO YOU CAN ONLY HAVE LIKE TWO VEHICLES AND A LOT OF PEOPLE HAVE MORE THAN TWO VEHICLES.

SO A LOT OF THE VEHICLES ARE PARKING ON KEENER WAY ON BOTH SIDES OF KEENAN WAY.

SO IF YOU WERE TO MAKE THAT A THROUGH ROAD, UM, THERE'S NO WAY IT'S NOT, THE TRAFFIC ABILITY WOULD BE IMPOSSIBLE FOR TWO CARS TO COME PAST ONE ANOTHER WITH CARS PARKED ON EITHER SIDE OF THE ROAD.

THEN YOU COMPOUND THAT WITH THE AMOUNT OF KIDS THAT ARE OUT THERE.

LIKE I SAID, PLAYING UP AND DOWN THE STREET.

SOME OF THEM USE THE SIDEWALK CAUSE THERE IS A SIDEWALK THERE ON ONE SIDE.

UM, BUT THE BULK OF THEM ARE OUT IN THE STREET.

UM, SO THAT WOULD BE A SIGNIFICANT CONCERN BECAUSE, UM, HAVING THE TRAVERSE UP COMMONWEALTH DRIVE, UM, TRAFFIC ALREADY MOVES PRETTY FAST ON THAT ROAD.

UH, AND MY CONCERN WOULD HAVE BEEN IF KEENER WAY WOULD HAVE BEEN A THROUGH ROAD ALL THE WAY OUT TO 17.

UM, IT WOULD JUST BE ANOTHER CUT-THROUGH THAT WE WOULD PROBABLY HAVE TO DEAL WITH SOME SIGNIFICANT TRAFFIC ISSUES.

UM, SPEEDERS, WE HAVE SPEEDERS THAT EVEN LIVE IN THE AREA RIGHT NOW, RIGHT.

PEOPLE THAT ARE ALREADY IN THE HOMES THAT ARE ALREADY SPEEDING.

UM, SO I CAN ONLY IMAGINE HOW MUCH THAT ISSUE WOULD BE COMPOUNDED IF WE OPENED UP THE ROAD IN HALF THROUGH TRAFFIC, ALL THE WAY COMING FROM ONE SIDE OF A 17 ALL THE WAY BACK TO, UH, COMMONWEALTH DRIVE.

SO THAT WAS A CONCERN OF MINE.

UM, I DID HEAR A PROPOSAL, I THOUGHT ABOUT A CUL-DE-SAC, UM, WHICH WOULD KIND OF FINISH OFF THE ROAD.

I DON'T KNOW ALL OF THE INS AND OUTS OF THAT.

UH, BUT I THINK THAT WOULD BE MORE AMENABLE AT LEAST TO MYSELF.

AGAIN, I CAN'T SPEAK FOR THE REST OF THE RESIDENTS IN THAT AREA, BUT AT LEAST TO MYSELF, THAT WOULD BE MUCH MORE MEANINGFUL THAN HAVING A THROUGH ROAD AGAIN.

THANK YOU FOR YOUR TIME THIS EVENING.

I APPRECIATE IT.

THANK YOU.

UH, WE HAVE ONE MORE SIGNED UP THE GRAVES, DEVISE ROSELYN, AND BOBBY, CAN YOU STATE NAME, ADDRESS, AND YOU HAVE THREE MINUTES.

OKAY.

MY NAME IS ROSLYN GRAVES.

THIS IS MY HUSBAND BOBBY, A 1 47 MAIN CELL LOOP.

UM, AND WE STAY IN THE, UM, THE OTHER AREA THAT THE GENTLEMAN WAS TALKING ABOUT, NOT IN THE THREE LEVEL, BUT THE TWO LEVEL WHERE WE HAVE WE'RE ON A TOP FLOOR AND THERE'S SOMEONE UNDERNEATH US.

UM, I'M SPEAKING BECAUSE MY HUSBAND HAS A HEARING IMPAIRMENT, SO THAT'S WHY I'M PROBABLY SPEAKING MORE.

UM, SO, UH, MY CONCERN ALSO, UM, ARE THE, THERE ARE A NUMBER OF FAMILIES, NUMBER OF CHILDREN IN THE NEIGHBORHOOD AND THE AREA WHERE WE

[00:45:01]

UM, SO I, MY CONCERN IS ABOUT JUST STEPPING OUT THERE AND BEING RIGHT AT THE STREET.

ON THE OTHER SIDE, WE HAVE A LOOP, MY CONCERN THERE TOO, IS THAT PEOPLE COMING THROUGH, WE'LL ALSO WANT TO DRIVE AROUND THAT LOOP AROUND THAT LOOP IS A LAKE.

THERE ARE NO SPEED BUMPS.

AND SOON AS YOU DRIVE AROUND THAT, LOOK, YOU CAN BE RIGHT AT A, AT A CHILD.

SO MY CONCERN IS THAT, IS THAT FOR THE PEOPLE THAT ARE THERE, UM, WE DON'T HAVE ANY, ANYTHING ELSE BACK THERE.

SO IT WAS, IT DIDN'T MAKE SENSE FOR US TO, TO THINK ABOUT WHY WOULD SOMEONE WANT TO RUN A ROAD RIGHT THROUGH THERE, BECAUSE IT REALLY LEADS TO NOTHING THAT IS BACK THERE, EXCEPT FOR THE PEOPLE THAT LIVE THERE.

UH, IF IT IS ESTABLISHED THERE, WE ALSO HAVE, UH, A THEATER THAT A MOVIE THEATER THAT OVER TIME WILL PROBABLY DEVELOP EVEN MORE PEOPLE BACK BECAUSE OF COVID.

IT WAS NOT, UH, UH, SO MANY PEOPLE THERE, BUT NOW IT IS GAINING PEOPLE.

THERE'S ALSO A CHURCH THERE'S ON SUNDAY.

THEY COULD EASILY COME BACK THAT WAY AND RUN RIGHT THROUGH KINA WEIGHT AS A SHORTCUT TO 17, WHAT YOU CREATE A TREMENDOUS AMOUNT OF TRAFFIC THAT IS REALLY NOT NECESSARY.

AND I BELIEVE THAT WOULD BE A DANGER TO OUR COMMUNITY.

I THANK YOU.

SO I LIKE TO JUST SAY THAT, UM, I'M A VETERAN WITH A HEARING IMPAIRMENT, BUT WHEN WE MOVED IN, I MEAN, THE COMMUNITY WAS VERY QUIET COMMUNITY.

AND SO IT'S VERY IMPERATIVE THAT WE LOOK AT THE SAFETY ASPECT BECAUSE THE GENTLEMAN SAID BEFORE, AS I LOOKED AT THE, UM, THE PRESENTATION, THE V DOC RECOMMENDATION WAS THAT IT WOULD BE A CUT-THROUGH, WHICH IS A MAJOR SAFETY ISSUE.

SO IF YOU LOOK AT THE VIRGINIA DEPARTMENT OF TRANSPORTATION IS SAYING, HEY, LOOK, THAT'S NOT A GREAT IDEA.

WE AS RESIDENTS FEEL THE SAME WAY.

AND AS A VETERAN, THERE ARE A LOT OF VETERANS THAT ARE INVESTED IN LIVING IN OUR COMMUNITY RIGHT NOW.

SO FROM THE SAFETY ASPECT AND FROM THE PEACE OF MIND OF NOT HAVING TRAFFIC RUN THROUGH THE MAIN AREA OF CANDOR WOULD BE VERY DETRIMENTAL TO THE, TO THE COMMUNITY, TO SAFETY ASPECT OF WALKING YOUR DOG.

SHE PATCHED CHILDREN, THINGS LIKE THAT.

THAT'S SOMETHING TO CONSIDER.

SO WE ARE DEFINITELY AGAINST THE ROAD BEING PUT TO KINDER FROM A SAFETY PERSPECTIVE, AS WELL AS THE VIRGINIA DEPARTMENT OF TRANSPORTATION SAYING, IT'S NOT A GOOD IDEA.

IF YOU LOOK AT THE TRAFFIC, IF YOU MAKE THE SPEED LIMIT 25 TO 35, THAT'S A STRAIGHTWAY, THEY'RE GOING TO BE DOING 45 TO 55 AND IT'S HAPPENING RIGHT NOW.

SO WE'RE TRYING TO BE PROACTIVE TO SAY, HEY, LOOK, KEEP EVERYBODY SAFE.

THANK YOU FOR, THANK YOU VERY MUCH.

THANK YOU FOR YOUR TIME.

IS THERE ANY ONE ELSE THAT WISHES TO SPEAK ON THIS APPLICATION? OKAY.

I WILL CLOSE THE PUBLIC HEARING NOW AND SPEAK COMMISSIONERS.

MR. PETERMAN.

I'VE BEEN, UH, ON THIS FOR A NUMBER OF YEARS AND WATCHING ALL OF THE PROBLEMS WITH THIS DEVELOPMENT.

UM, AND, UM, GETTING RID OF THE ROAD TO 17 IS REALLY THE ONLY WAY TO GO.

NOW, THE V DOT'S NOT GOING TO APPROVE ANYTHING OTHER THAN GOING TO THE, TO COVENTRY, AND THERE'S NO WAY THE DEVELOPER CAN DO THAT BECAUSE, UH, THE HOMEOWNERS, UH, THE, UH, PROPERTY OWNER WILL NOT SELL.

SO, UM, FOR THE SAFETY OF THE COMMUNITY, UH, I THINK WE HAVE TO PROVE THIS, THAT, UH, DO WAY WITH THAT, UH, UM, ROAD TO 17.

NO MORE COMMENTS.

OKAY.

COME OVER HERE.

YEAH.

I, I, I ACKNOWLEDGED THAT GREAT AMOUNT OF EFFORT THAT THE DEVELOPER HAS MADE TO MAKE THIS WORK, NOT ONCE BUT TWICE.

UM, AND, AND THE FACT THAT THE, THE CHANGES WILL NOW BENEFIT THE COUNTY, UH, GIVE US AN OPPORTUNITY FOR THE EXPANDED UTILITIES, UH, IN THAT, IN THAT ORIGINAL AREA.

SO, UM, DEFINITELY AND SUPPORTIVE OF THIS APPLICATION IS CORRECT.

I READ ALL THE COMMENTS ALREADY MADE.

YES, I AGREE.

I THINK THE ONLY COMMENT I WOULD MAKE IS I DON'T LIKE SEEING PROFFERS REMOVED AFTER A DEVELOPER HAS COME FORWARD AND MADE THAT A CONDITION OF THE ORIGINAL AGREEMENT.

UH, BUT I SEE NO ALTERNATIVE.

I DON'T SEE AN ALTERNATIVE.

THE OTHER THAT WE WISH THE CONNECTION WITH A MINUTE COVENTRY, CAUSE THEN I COULD HAVE COVERED OUT TO THE THEATER SPEAKERS.

I HOPE NOT, BUT MAYBE DOWN THAT WAY, BUT, UH, THAT'S NOT GOING TO HAPPEN.

THE ONLY OTHER COMMENT I TALKED TO MR. CROSS THE OTHER DAY ABOUT IT, AND THAT WAS THE, UH, A, SOME KIND OF A WALK BACK BIKE PATH THAT HE CONVINCED ME.

THAT'S PROBABLY NOT GOOD.

CAUSE IT'D BE, UH, A

[00:50:01]

UH, ONCE YOU GET ON 17, THERE'S NO PLACE TO GO THAT YOU COULD WALK AND I'M NOT ABOUT TO WALK ON 17 OR RIDE A BIKE OUT ON 17.

THAT'D BE SUICIDAL.

SO I HAVE NO OTHER QUESTION.