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[00:00:07]

UH,

[1. Call to Order]

SEPTEMBER 11TH, 2024, A MEETING OF THE YORK COUNTY PLANNING COMMISSION.

THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION, THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS AND LA ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.

THIS RESPONSIBILITY IS EXERCISED THROUGH THE RECOMMENDATIONS CONVEYED BY RESOLUTION OR OTHER OFFICIAL MEANS.

IN ALL MATTERS OF PUBLIC RECORD, THE COMMISSION IS COMPRISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD WITH ONE REPRESENTATIVE FROM EACH VOTING DISTRICT, AND TWO AT LARGE MEMBERS.

UH, BEFORE ROLL CALL, WE'D LIKE TO WELCOME A NEW COMMISSIONER REPRESENTING THE THIRD DISTRICT, UH, MR. GREGORY BROOKS, UH, ALSO KNOWN AS SKIP, UH, DISTINGUISHED CAREER, UH, IN, UH, NATIONAL PARK SERVICE.

A LOT OF TIME HERE IN YORKTOWN.

SO YOUR EXPERTISE WILL BE CERTAINLY WELCOMED, UH, ON THE PLANNING COMMISSION.

UH, AND HE ALSO SPENT, UH, QUITE A BIT OF TIME ON THE COMPREHENSIVE PLAN.

SO, UH, WELCOME AND WITH THAT ROLL CALL, PLEASE.

MR. CHAMBERLAIN.

HERE.

MR. TITUS.

HERE.

MR. BROOKS.

HERE.

MR. KING.

MR. KRONER.

HERE.

MR. SMITH.

HERE.

MR. WASMER.

HERE.

MR. CHAIRMAN, YOU HAVE A QUORUM.

THANK YOU.

I'M SURE WE'VE ALL HAD TIME TO REFLECT ON THE SIGNIFICANCE OF THIS DAY SEVERAL YEARS AGO, UH, AND, UH, WHAT IT MEANT TO OUR COUNTRY AND, AND THE CHANGES THAT IT MADE IN OUR COUNTRY.

I HEARD TODAY SOMEBODY SAID, WE SHOULD NEVER FORGET SEPTEMBER 11TH, AND WE SHOULD NEVER FORGET THE PEOPLE WHERE WE WERE ON SEPTEMBER 12TH.

UH, WITH THAT, WE JOINED ME IN THE PLEDGE OF ALLEGIANCE, MY PLEDGE WITH ALLEGIANCE TO BE LIE OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC, OR WHICH IT STANDS.

ONE NATION HONOR GOD AN INDIVISIBLE.

LIBERTY TO JUSTICE FOR ALL.

THANK YOU.

FIRST

[4. Approve Minutes – July 10, 2024]

ORDER OF BUSINESS IS, UH, TO APPROVE THE MINUTES.

UH, THE COMMISSIONERS WERE, UH, DISTRIBUTED MINUTES.

IS THERE ANY COMMENTS THAT, UH, ANYONE WOULD LIKE TO MAKE? IS THERE A MOTION? I MOVE? APPROVAL OF THE MINUTES OF THE JULY 10TH MEETING.

THANK YOU.

ROLL CALL PLEASE.

THE MOTION BY MR. KRAN, MR. CHAMBERLAIN IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON JULY 10TH, 2024.

MR. CHAMBERLAIN? YES.

MR. TITUS? YES.

MR. BROOKS? YES.

MR. KREER? YES.

MR. SMITH? YES.

MR. WAER? YES.

THE MOTION PASSES.

THANK YOU.

NEXT WE

[5. Citizen Comments]

MOVE TO, UH, CITIZEN COMMENTS.

THIS IS FOR ANYBODY THAT WOULD LIKE TO COMMENT, UH, ON ANYTHING, NOT ON THE AGENDA.

UH, WE'VE NOT RECEIVED ANYBODY TO, HAS SIGNED UP.

IS THERE ANYBODY THAT WOULD LIKE TO SPEAK ON ANY ISSUE? NOT ON THE AGENDA.

ALRIGHT.

HEARING NONE.

WE'LL MOVE

[Application No. UP-1039-24, Brian & Margaret Harned: This application is a request for a Special Use Permit to authorize the establishment of a tourist home, pursuant to Section 24.1-306 (Category 1, No. 6) of the York County Zoning Ordinance, on a 0.34-acre parcel (H12a-1883- 3684) located at 103 Rolling Hills Drive (Route 1124). The property is zoned R20 (Medium Density Single-Family Residential) and is designated Medium-Density Residential in the Comprehensive Plan.]

ON TO OUR PUBLIC HEARINGS TONIGHT.

WE HAVE TWO PUBLIC HEARINGS.

UM, THE FIRST, UH, IS, UH, FOR SHORT-TERM RENTAL, AND, UM, THE APPLICANTS I BELIEVE ARE HERE.

AND, UH, WE'LL TURN IT OVER TO STAFF FOR PRESENTATION.

GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE COMMISSION.

THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME IN AN EXISTING SINGLE FAMILY DETACHED DWELLING LOCATED AT 1 0 3 ROLLING HILLS DRIVE.

THIS APPLICATION IS A REQUEST.

UM, THIS PROPERTY IS SITUATED IN A 0.34 ACRE PARCEL LOCATED IN THE COUNTRY CLUB ACRE SUBDIVISION IN THE PENMAN SOUTH IN AREA OF THE COUNTY, AND 0.3 MILES AWAY FROM MERRIMACK TRAIL.

THE SUBJECT PARCEL HIGHLIGHTED IN BLUE AND THE SURROUNDING PARCELS ARE ZONED R 20 FOR MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL.

AND THIS IS AN AREA VIEW OF THE SUBJECT PROPERTY OFF OF SHANTER BOULEVARD.

THE STANDARDS FOR SHORT-TERM RENTALS REQUIRE THE OWNER TO RESIDE EITHER IN THE HOME OR IN AN ADJACENT PREMISE OR DESIGNATE A RESPONSIBLE PARTY WHO CAN RESPOND TO AND RESOLVE PROBLEMS THAT MAY ARISE WHILE RENTALS ARE ARE TAKING PLACE.

THE APPLICANTS HAVE DESIGNATED KIRK AND ANNAMARIE MCKINLEY AS A RESPONSIBLE PARTY, AND THEY LIVE ON FIVE.

UH, THEY LIVE 510 FEET AWAY FROM THE SUBJECT PROPERTY FOUR HOUSES, UM, AWAY.

THE APPLICANT SUBMITTED A LETTER BY MR. AND MRS. MCKINLEY AFFIRMING THEIR COMMITMENT TO THIS RESPONSIBILITY AND A CONDITION OF APPROVAL HAS BEEN INCLUDED THAT WOULD BIND THEM

[00:05:01]

TO THIS AS LONG AS THE TOURIST HOME IS IN OPERATION.

THIS IS A PICTURE OF THE BACK OF THE PROPERTY.

THE DRIVEWAY IS 60 FEET LONG AND 22 FEET WIDE, AND IS CAPABLE OF ACCOMMODATING FOUR VEHICLES.

STAFF HAS INCLUDED A CONDITION OF APPROVAL REQUIRING THE APPLICANTS TO MAINTAIN A MINIMUM OF FOUR OFF STREET PARKING SPACES.

THE SUBJECT PROPERTY HAS 1,945 SQUARE FEET AND THE APPLICANTS WISH TO MAKE THE WHOLE HOUSE AVAILABLE TO UP TO SIX GUESTS AT A TIME RANGING, UH, LENGTHS OF SAME STAY RANGING FROM TWO TO 10 NIGHTS.

STAFF HAS PROPOSED CONDITIONS OF APPROVAL THAT WOULD REQUIRE THE TOURIST HOME TO BE RENTED AS A WHOLE HOUSE.

THE RENTAL OF INDIVIDUAL ROOMS WOULD BE PROHIBITED AND WITH AN OCCUPANCY OF UP TO SIX GUESTS AND LENGTHS OF STAY RANGING FROM A MINIMUM OF TWO TO 10 NIGHTS.

IN ADDITION, THE APPLICANT STATED THAT THEY DO NOT WISH TO HAVE SIGNS ADVERTISING THE TOURIST HOME.

THEREFORE, STAFF HAS PROPOSED A CONDITION OF APPROVAL THAT WOULD PROHIBIT THEM.

AND ROLLING HILLS DRIVE CARRIES APPROXIMATELY 270 VEHICLES PER DAY.

STAFF DOES NOT BELIEVE THE PROPOSED TOURIST HOME WOULD CREATE A NOTICEABLE TRAFFIC IMPACT.

THE APPLICANT HAS OFFERED SOME PROVISIONS IN THEIR NARRATIVE DESCRIPTION DESIGNED TO REDUCE THE POTENTIAL IMPACT OF THE, UH, PROPOSED TOURIST HOME ON THE SURROUNDING COMMUNITY.

THE PROPERTY WILL BE EQUIPPED WITH SECURITY CAMERAS THAT NOTIFY, UM, THEM OF ANY MOVEMENT ON THE FRONT OF THE PROPERTY.

PARTIES.

EVENTS AND, AND CORPORATE USE OF THE HOME WILL NOT BE PERMITTED AND QUIET HOURS WILL BE ESTABLISHED BETWEEN 10:00 PM AND 8:00 AM IF APPROVED.

A PROPOSED CONDITION IN THE RESOLUTION WOULD REQUIRE THE APPLICANT TO OPERATE THE TOURIST HOME IN ACCORDANCE WITH THE NARRATIVE DESCRIPTION THAT THEY SUBMITTED.

THE APPLICANT'S PROPOSAL MEETS THE STANDARD OF THE ZONING ORDINANCE AND IS CONSISTENT WITH THE TYPE AND INTENSITY OF PREVIOUSLY APPROVED TOURIST HOMES.

THE TO, UH, THE PROPOSED TOURIST HOME IS LOCATED WITHIN 0.43 MILES OF AN EXISTING TOURIST HOME AND MEETS THE MINIMUM DISTANCE CRITERIA NOTED IN BOARD POLICY.

AND STAFF BELIEVES THIS PROPOSED TOURIST HOME IS NOT LIKELY TO ADVERSELY AFFECT THE RESIDENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

THEREFORE, STAFF RECOMMENDS APPROVAL OF THIS APPLICATION AND STAFF RECOMMENDS THIS CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER PC 24 DASH 19.

THE APPLICANTS ARE HERE TONIGHT.

IF YOU HAVE ANY QUESTIONS FOR THEM, I CAN ALSO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

ANY QUESTIONS FOR STAFF? UH, JUST DID YOU, SORRY.

DID YOU RECEIVE ANY, UH, LETTERS OF OPPOSITION FROM ANY OF THE ADJOINING PROPERTIES? NO, I DID NOT.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? NO ONE, UM, THE PROPERTY, OTHER TOURIST HOME THAT'S THERE, IS THAT A OWNER OCCUPIED OR IS THAT ALSO, UM, NOT OCCUPIED BY THE OWNER? UM, THE ONE THAT IS MORE THAN, YEAH, POINT THE 0.43 MILES AWAY.

ONE, I DON'T BELIEVE IT IS OWNER OCCUPIED.

OKAY, THANKS.

ALRIGHT.

UH, NO MORE QUESTIONS FOR STEPH, THEN WE'LL OPEN THE PUBLIC HEARING AND I BELIEVE THE APPLICANTS ARE HERE.

UH, YOU'LL HAVE 10 MINUTES TO SPEAK, UH, IF YOU'D LIKE TO TAKE THEM ALL, UH, YOU'LL NEED TO STATE YOUR NAME AND ADDRESS FOR US.

UH, THE LIGHTS IN FRONT OF YOU WHEN YOU HAVE 30 SECONDS LEFT, THE YELLOW LIGHT WILL COME ON.

THE RED LIGHT MEANS, UH, STOP.

SO PLEASE GO AHEAD.

THANK YOU.

HI.

THANK YOU.

UH, MARGARET, UH, THIS IS BRIAN HARIN AND WE LIVE AT 1 0 3 ROLLING HILLS, WILLIAMSBURG, VIRGINIA.

SO, UM, AND HELLO.

THANK YOU FOR HAVING US.

THANK YOU FOR CONSIDERING OUR SPECIAL USE PERMIT APPLICATION.

THANK YOU FOR REVIEWING EVERYTHING FOR US.

UM, WE JUST WANTED TO KIND OF SUMMARIZE WHAT WE'RE AFTER, I GUESS.

UM, BRIAN AND I ARE LONG TERM RESIDENTS OF YORK COUNTY.

WE'VE BEEN IN OUR HOUSE FOR 23 YEARS NOW, AND WE DO PLAN TO REMAIN IN THE COUNTY.

UM, HOWEVER, BOTH OF OUR MOTHERS ARE CURRENTLY LIVING ON THEIR OWN.

EACH OF THEM ARE EIGHT HOURS AWAY IN OPPOSITE DIRECTIONS, AND THEY'RE BEGINNING TO REQUIRE A LITTLE BIT MORE ASSISTANCE, UH, WHICH MEANS MORE TRAVEL FOR US AND MORE TIME AWAY FROM HOME.

SO WE'RE ASKING FOR PERMISSION TO OFFER OUR HOME UP AS A TOURIST HOME, UH, WHILE WE'RE AWAY A FEW WEEKS, UM, AT A TIME TO HELP OFFSET OUR, JUST OUR OWN PERSONAL, UH, TRAVEL

[00:10:01]

EXPENSES.

UM, WE HAVE FOUR CHILDREN WHO, UH, ALL FOUR OF THEM ATTENDED, UH, PRESCHOOL RIGHT AROUND THE CORNER HERE AT GRACE EPISCOPAL DAY SCHOOL.

AND THEY'RE ALL, THEY ALL ACTUALLY TRIED, UH, FIFES AND DRUMS OF YORKTOWN.

THEY'VE ALL ATTENDED YORK COUNTY SCHOOLS AND WHICH ARE UP IN OUR AREA ARE MAGRUDER ELEMENTARY, QUEENS, LAKE MIDDLE, AND BRUTON HIGH.

UM, AND OUR YOUNGEST GRADUATES FROM BRUTON IN 2026.

SO THEY'VE ALL BEEN INVOLVED, HEAVILY INVOLVED IN THE COUNTY, UM, EVERYTHING FROM LITTLE LEAGUE TO VARIOUS PROGRAMS WITHIN, UM, THE SCHOOL SYSTEM.

UM, AND I'VE SERVED ON THE PTA BOARD FOR ALL THREE OF THOSE SCHOOLS AND MANY OTHER CAPACITIES AS WELL.

AND I ALSO WAS INVITED TO, UM, BE ON, UH, TWO DIFFERENT YORK COUNTY SCHOOL BOARD SPECIAL COMMITTEES THAT WE'RE LOOKING FOR PARENT INVOLVEMENT.

SO, UM, AND I ONLY MENTION ALL OF THIS JUST TO DEMONSTRATE THAT YORK COUNTY REALLY TRULY IS OUR HOME, AND WE UNDERSTAND THIS PROCESS.

WE RESPECT THE PROCESS, AND WE APPRECIATE THE FACT THAT THE COMMISSION IS LOOKING OUT FOR RESIDENTS AND, UH, OUR CITIZENS AND OUR NEIGHBORS.

AND SPEAKING OF OUR NEIGHBORS, UM, YOU MENTIONED OUR DEAR FRIENDS, KIRK AND ANNAMARIE MCKINLEY.

THEY WERE NOT ABLE TO BE HERE WITH US TONIGHT.

THEY LEFT THIS MORNING FOR AN ANNIVERSARY TRIP THAT THEY PLANNED OVER A YEAR AGO.

SO, UM, BUT THEY, AS YOU MENTIONED, THEY HAVE PLANNED, THEY DO PLAN TO BE OUR REPRESENTATIVE, UM, WHILE THE HOME IS RENTED AND WE'RE OUTTA STATE.

SO, UM, ANOTHER REASON WE WANT TO BE ABLE TO OFFER OUR OUR HOME UP IS WHEN OUR CHILDREN WERE SMALL, WE DIDN'T TRAVEL VERY MUCH EXCEPT TO GO VISIT GRANDPARENTS.

SO THE FEW TIMES THAT WE DID GO ON AN ACTUAL FAMILY VACATION, WE LOOKED FOR A HOME LIKE OURS.

UM, EITHER A CABIN OR SOMETHING LIKE THAT, BECAUSE RATHER THAN TRYING TO RENT A COUPLE HOTEL ROOMS TOGETHER, IT JUST MADE FOR A MORE RELAXING AND ENJOYABLE TRIP.

AND AS YOU KNOW, OUR AREA IS, UM, IS, IS PERFECT FOR VISITORS IN WILLIAMSBURG AND YORKTOWN AND OUR HOME LOCATION IN THE EDGE, EDGE DISTRICT, UM, IS, IS A PERFECT FIT FOR, UM, FAMILIES TO COME CHECK OUT AND SEE EVERYTHING THAT, UH, YORK COUNTY HAS TO OFFER.

AND WE JUST WOULD LIKE TO GIVE THAT OPPORTUNITY TO OTHER FAMILIES LIKE OURS WITH SMALL CHILDREN SO THEY TOO CAN ENJOY ALL THAT WE HAVE TO OFFER HERE.

UM, IT'S NOT OUR INTENT TO CREATE SOME KIND OF CRAZY LARGE BUSINESS IN OUR NEIGHBORHOOD.

WE SIMPLY JUST WANT TO, UM, USE WHAT WE ALREADY HAVE TO HELP OFFSET SOME ADDITIONAL COSTS AS WE SEE THEM.

SO, AND OF COURSE WE WANNA STAY IN YOUR COUNTY FOR MANY YEARS TO COME.

SO ALL OF YOUR RECOMMENDATIONS, ALL THE RESTRICTIONS, WE'RE HAPPY TO ABIDE BY.

ANYTHING ELSE THAT, THAT YOU HAVE TO, UM, THAT YOU NEED US TO DO.

AND THAT IS ALL REALLY WE HAD.

SO THANK YOU FOR YOUR TIME AND IF YOU HAVE ANY QUESTIONS, THANK YOU.

WE APPRECIATE IT.

ANY QUESTIONS FOR THE APPLICANTS, MR. CHAIRMAN? ALRIGHT, THANK YOU.

WE APPRECIATE THAT.

THANK YOU.

UH, AS THIS IS A PUBLIC HEARING, WE DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK.

IS THERE ANYBODY ELSE WOULD LIKE, LIKE TO SPEAK, UH, ABOUT THIS APPLICATION? ALRIGHT, SCENE.

NONE.

I GUESS I HAVE TO BANG THIS TO BE OFFICIAL, RIGHT? WE'LL CLOSE THE PUBLIC HEARING AND, UH, WITH THAT, UH, DISCUSSION BY COMMISSIONERS, MR. GRINDER, DO YOU WANNA START? WE'VE BEEN THROUGH THIS BEFORE AND WE HAVE IT DOWN PRETTY GOOD.

AND, UH, THIS ONE RIGHT HERE SEEMS TO, YOU KNOW, MEET ALL THE REQUIREMENTS AND I HAVE NO CONCERNS WITH IT.

OKAY.

ANY BROOK? I HAVE NO PROBLEM.

OKAY.

ALRIGHT.

WITH THAT, UH, IS THERE A MOTION, MR. CHAIRMAN, I'D, UH, MAKE A MOTION TO APPROVE OR FORWARD PC 24 19, UH, TO THE BOARD OF SUPERVISORS? ALRIGHT, THANK YOU.

ROLL CALL PLEASE.

THE MOTION BY MR. SMITH IS TO ADOPT RESOLUTION NUMBER PC 24 DASH 19 TO RECOMMEND APPROVAL OF A SUP TO AUTHORIZE THE ESTABLISHMENT OF A TOURIST HOME AT 1 0 3.

ROLLING HILLS DRIVE.

MR. TITUS? YES, MR. BROOKS? YES.

MR. KRANER? YES.

MR. SMITH? YES.

MR. CHAMBERLAIN? YES.

MR. WAER? YES.

MOTION PASSES.

ALL RIGHT, THANK YOU.

ALRIGHT, UH, WE'LL

[Application No. ZT-200-24, York County Planning Commission: Consider amendments to the York County Zoning Ordinance to add a definition to Section 24.1-104, the use to the Table of Land Uses in Section 24.1-306 (Category 15, No. 15), and performance standards to Section 24.1- 488 for data centers.]

NOW MOVE ON TO OUR SECOND PUBLIC HEARING.

LEMME JUST MAKE A COMMENT ABOUT THAT.

FIRST, UH, THIS HAS TO DO WITH DATA CENTERS AND, UH, WHICH HAS BEEN A, A KIND OF A, A HUGE DISCUSSION ACROSS VIRGINIA AND A BUNCH OF OTHER PLACES.

THERE'S A LOT OF THINGS THAT COME WITH THAT.

UH, THE STAFF HAD SENT THE, UH, RESOLUTION AND THE PROPOSAL TO FIRE AND LIFE SAFETY, UH, JUST CAME BACK TO THEM YESTERDAY AND WITH QUITE A FEW CHANGES IN THE RESOLUTION.

SO STAFF CIRCULATED TO YOU A REVISED, UH, RESOLUTION.

UH, THE STAFF HASN'T HAD TIME TO GO AND, AND KIND OF GO THROUGH EVERYTHING THAT FIRE AND LIFE SAID.

THEY DID SAY QUITE A BIT, QUITE A FEW THINGS.

UH, ONE OF THEIR REPRESENTATIVES WAS NOT ABLE TO BE WITH US TONIGHT.

AND SO BECAUSE THIS IS ON ON THE AGENDA, WE WILL GO AHEAD AND HAVE THE STAFF REPORT AND THE PUBLIC

[00:15:01]

HEARING.

UH, AND AT THE END OF THAT, WE HAVE A COUPLE OF OPTIONS WE COULD APPROVE AS THE FIRE AND LIFE SAFETY HAD THE, THE, UH, THE CHANGES.

UH, WE CAN CHANGE IT A LITTLE BIT OR WE CAN ALSO CONTINUE THE PUBLIC HEARING TO A, A FUTURE MEETING TO GIVE THE STAFF TIME TO SIT DOWN WITH FIRE AND LIFE SAFETY TO KIND OF RECTIFY SOME OF THE COMMENTS.

SO WITH THAT, UH, STAFF, I'LL TURN IT TO YOU.

THANK YOU.

THANK YOU.

ALL RIGHT.

GOOD EVENING.

OH, THIS APPLICATION IS A PROPOSAL TO AMEND THE YORK COUNTY ZONING ORDINANCE TO INCORPORATE PROVISIONS CONCERNING DATA CENTERS.

THE PROPOSED AMENDMENTS INCLUDE A NEW DEFINITION, A NEW ENTRY IN THE TABLE OF LAND USES, AND A NEW SECTION FOR PERFORMANCE STANDARDS.

SO THE FOLLOWING IS PROPOSED TO BE ADDED TO THE DEFINITION SECTION.

A DATA CENTER IS AN ESTABLISHMENT ENGAGING IN THE STORAGE, MANAGEMENT, PROCESSING AND OR TRANSMISSION OF DIGITAL DATA AND HOUSING, COMPUTER AND OR NETWORK EQUIPMENT SYSTEMS, SERVERS, APPLIANCES, AND OTHER ASSOCIATED COMPONENTS RELATED TO DIGITAL DATA OPERATIONS.

THE PROPOSED REVISION WOULD ADD A NEW ENTRY TO THE TABLE OF LAND USES NUMBER 15 TO CATEGORY 15, AND ALLOW DATA CENTERS BY SPECIAL USE PERMIT IN THE ECONOMIC OPPORTUNITY LIMITED INDUSTRIAL AND GENERAL INDUSTRIAL ZONING DISTRICTS.

ALL THREE OF THESE ZONING DISTRICTS ARE INTENDED TO HAVE INDUSTRIAL USES OF VARYING INTENSITIES.

SECTION 24.1 DASH 49.1 IS A PROPOSED NEW SECTION FOR THE ZONING ORDINANCE.

IT CONTAINS VARIOUS PERFORMANCE STANDARDS THAT WOULD REGULATE DATA CENTERS.

I'VE GROUPED THESE STANDARDS INTO SEVERAL CATEGORIES, INCLUDING ENERGY USAGE, WATER USAGE, NOISE GENERATION, SETBACKS AND BUFFERS, ARCHITECTURAL STANDARDS AND SAFETY PROVISIONS.

I'M GONNA START BY DISCUSSING ENERGY USAGE.

SO DATA CENTERS USE A HIGH VOLUME OF ENERGY COMPARED TO OTHER COMMERCIAL AND INDUSTRIAL USES.

SECTION A REQUIRES DATA CENTER DEVELOPERS TO SUBMIT A LETTER FROM THE ELECTRIC UTILITY PURVEYOR.

SOME VIRGINIA LOCALITIES HAVE INCLUDED PROVISIONS IN THEIR ZONING ORDINANCE TO ENSURE THE RELIABLE AVAILABILITY OF ENERGY FOR THE SURROUNDING COMMUNITY IS NOT NEGATIVELY IMPACTED BY DATA CENTERS AND STOPS SEEKS TO DO THE SAME WITH THIS PROPOSED REVISION.

SO NEXT WE'LL DISCUSS WATER USAGE.

DATA CENTERS, UH, UTILIZE COOLING SYSTEMS, WHICH SOMETIMES CONSUME HIGH VOLUMES OF WATER TO REGULATE THE TEMPERATURE PRODUCED BY THE COMPUTER COMPONENTS.

SECTION B REQUIRES DATA CENTER DEVELOPERS TO SUBMIT A LETTER FROM THE PUBLIC WATER PURVEYOR INDICATING SUFFICIENT CAPACITY.

SIMILAR TO SECTION A, THIS PROVISION WAS INCLUDED TO HELP ENSURE THE RELIABLE AVAILABILITY OF WATER FOR THE SURROUNDING COMMUNITY IS NOT NEGATIVELY IMPACTED BY DATA CENTERS.

SECTION C REQUIRES ALL DATA CENTERS TO BE CONNECTED TO A PUBLIC WATER SYSTEM THAT DOES NOT UTILIZE WELLS.

THIS PROVISION ENSURES OUR AREA AQUIFERS ARE NOT NEGATIVELY AFFECTED TO REDUCE DATA CENTER'S.

USE OF PUBLIC WATER STAFF HAS INCLUDED A PROVISION THAT STATES DATA CENTERS SHALL EMPLOY WATER CONSERVATION METHODS LIKE RAINWATER HARVESTING AND WATER RECYCLING SYSTEMS. SO THE NEXT TOPIC IS NOISE GENERATION DATA CENTERS ARE KNOWN TO PRODUCE A CONSTANT HUMMING OR BUZZING NOISE, WHICH IS GENERATED BY THEIR COOLING SYSTEM, TRANSMISSION LINES, AND THE SERVERS THEMSELVES.

FOR THIS REASON, THE PROPOSED ORDINANCE HAS SEVERAL PROVISIONS TO MITIGATE POTENTIAL NOISE IMPACTS ON THE SURROUNDING AREA.

SECTION E ONE REQUIRES DATA CENTER DEVELOPERS TO SUBMIT A SOUND STUDY THAT EVALUATES THE EXISTING AMBIENT NOISE BEFORE DEVELOPMENT BEGINS AND MODEL PREDICTED NOISE.

GENERATION AFTER DEVELOPMENT IS COMPLETE.

THE NOISE STUDY WILL INCLUDE GENERATORS AND ANCILLARY EQUIPMENT.

AMBIENT NOISE WILL BE MEASURED BETWEEN THE HOURS OF 11:00 PM AND 5:00 AM FROM FOUR CORNERS OF THE PROPERTY OR IN LOCATIONS AS DETERMINED BY THE ZONING ADMINISTRATOR.

BOTH STAFFORD AND LOUDOUN COUNTIES HAVE SIMILAR, UH, REQUIREMENTS TO HELP DECISION MAKERS UNDERSTAND THE POTENTIAL NOISE IMPACT A PROPOSED DATA DATA CENTER WOULD CREATE SECTION E ONE A STATES THAT DATA CENTERS CANNOT PRODUCE NOISE LOUDER THAN THE EXISTING AMBIENT NOISE CAPTURED IN THE SOUND STUDY, OR 55 DECIBELS, WHICHEVER IS GREATER WHEN MEASURED FROM THE BOUNDARY OF THE PROPERTY.

THE, UH, THE COUNTY'S NOISE REGULATION PROHIBITS NOISE IN EXCESS OF 55 DECIBELS AT NIGHT AND 65 DECIBELS DURING THE DAYTIME BECAUSE THE NOISE GENERATED BY DATA CENTERS AT THE SAME DURING THE DAY AND NIGHT, EXCEPT WHEN GENERATORS ARE RUNNING THE PROHIBITION OF NOISE IN EXCESS OF THE NIGHTTIME SOUND LIMIT OR THE EXISTING AMBIENT NOISE WOULD BE A REASONABLE LIMIT.

OTHER NOISE PROVISIONS, UH, THE PROPOSED SETBACK AND BUFFER REQUIREMENTS, WE'LL ADDRESS NOISE, UH, UM, WE'LL ADDRESS NOISE GENERATION.

SO I'LL DISCUSS THESE STANDARDS IN THE, UM, LATER IN THE PRESENTATION.

THE SECTION E ONE B ALLOWS THE ZONING ADMINISTRATOR TO REQUEST ADDITIONAL SOUND STUDIES AFTER THE DATA CENTER IS IN OPERATION TO ENSURE CONTINUING COMPLIANCE WITH THE PREVIOUS SECTION AND SECTION E TWO WOULD REQUIRE DATA CENTER DEVELOPERS TO SURROUND ALL EXTERIOR MECHANICAL EQUIPMENT WITH AN ACOUSTIC BARRIER.

AND THE LAST NOISE RELATED PROVISION, STATES GENERATORS SHALL BE TESTED FOR NO MORE THAN TWO HOURS EACH DAY ON WEEKDAYS BETWEEN 5:00 PM AND 8:00 PM THESE HOURS ARE PROPOSED BECAUSE THE ADMINISTRATIVE CODE OF VIRGINIA PROHIBITS GENERATOR TESTING BETWEEN THE HOURS OF 7:00 AM

[00:20:01]

AND 5:00 PM FROM MAY 1ST TO SEPTEMBER 30TH TO PROTECT THE OZONE DURING HOT SUMMER DAYS WHEN AIR POLLUTANTS HAVE THE GREATEST EFFECT ON THE ATMOSPHERE.

SO NEXT WE'LL DISCUSS SETBACKS AND BUFFERS.

SO SECTION F REQUIRES DATA CENTERS AND THEIR ANCILLARY EQUIPMENT TO BE SET BACK 200 FEET FROM ALL PROPERTY LINES AND 500 FEET FROM ANY RESIDENTIAL DWELLING.

SECTION G WOULD REQUIRE DATA CENTER DEVELOPMENTS TO BE SURROUNDED BY A PERIMETER BUFFER OF AT LEAST 50 FEET IN WIDTH LANDSCAPED WITH EVENLY DISTRIBUTED VEGETATION.

THE BUFFER WOULD BE REQUIRED TO MEET THE STANDARDS OF A TYPE 50 TRANSITIONAL BUFFER, WHICH CONTAINS THE COUNTY'S MOST DENSE PLANTING REQUIREMENT WITH EVERGREEN TREES AND SHRUBS.

EXISTING MATURE TREES WILL BE PRESERVED WITHIN THE BUFFER UNLESS THE BOARD AUTHORIZES CLEARING OR DEVELOPMENT AFTER HOLDING A PUBLIC MEETING.

THE PROPOSED SETBACK REQUIREMENT DISCUSSED ON THE PREVIOUS SLIDE AND THE VEGETATIVE BUFFERS SHOWN HERE WOULD ADDRESS POTENTIAL VISUAL AND NOISE IMPACTS ON THE SURROUNDING AREA, INCLUDING NOISE FROM GENERATORS.

SECTION H INCLUDES A LIST OF ARCHITECTURAL STANDARDS THAT DUPLICATE EXISTING LANGUAGE FROM THE COUNTY'S ZONING ORDINANCE.

THE SECTION H ONE STATES THAT A DATA CENTER BUILDING CAN BE NO TALLER THAN 35 FEET UNLESS THE BOARD APPROVES A GREATER HEIGHT.

SECTION H TWO PROHIBITS THE PORTIONS OF THE, UH, BUILDING FACADE THAT ARE VISIBLE FROM A PUBLIC RIGHT OF WAY, FROM BEING CONSTRUCTED OF BARREN OR UNFINISHED CINDER BLOCKS, CORRUGATED MATERIAL SHEET METAL OR VERTICAL METAL SIDING.

ANOTHER PROVISION REQUIRES FRONT FACING FACADES GREATER THAN 50 FEET IN LENGTH TO INCORPORATE WALL PLANE PROJECTIONS, RECESSES OR OTHER ARCHITECTURAL TREATMENTS THAT CREATE VISUAL INTEREST TO HELP BREAK UP PLANE AND UNMARRIED FACADES.

BOTH THIS AND THE PREVIOUS AND THE PROVISION SHOWN ON THE PREVIOUS SLIDE ARE IMPORTANT BECAUSE DATA CENTERS ARE VERY, USUALLY VERY LARGE STRUCTURES.

IF DESIGNED WITH LONG AND VARIED FACADES AND CONSTRUCTED OF UNATTRACTIVE MATERIALS, THEY COULD POSE AN EYESORE.

SO SECTION H FOUR REQUIRES DUMPSTERS, UTILITY METERS ABOVE GROUND TANKS, SATELLITE DISHES, AND OTHER SIMILAR ITEMS TO BE SCREENED FROM VIEW OR LOCATED SO THEY'RE NOT VISIBLE FROM ADJACENT PROPERTIES.

AND DATA CENTERS OFTEN HAVE FENCING AROUND THE PROPERTY FOR SECURITY.

SO THE ORDINANCE WOULD REQUIRE FENCING AROUND DATA CENTERS TO BE LANDSCAPED TO MINIMIZE VISIBILITY FROM EXTERNAL ROADS AND ADJACENT DEVELOPMENT.

FURTHERMORE, SECTION H SIX WOULD REQUIRE SIGNS FOR DATA CENTERS TO BE OF A GROUND MOUNTED MONUMENT TYPE DESIGN.

NO LARGER THAN 32 SQUARE FEET AND NO TALLER THAN 10 FEET.

THE LAST PROVISION IN THIS SECTION IS DESIGNED TO ENSURE COMPLIANCE WITH THE ARCHITECTURAL STANDARDS BY REQUIRING DATA CENTER DEVELOPERS TO SUBMIT RENDERINGS OR PHOTO SIMULATIONS OF THE LANDSCAPE, TREATMENTS IN PERSPECTIVE VIEW, AND ALL PROPOSED STRUCTURES THAT WOULD BE VISIBLE FROM EXTERNAL ROADWAYS.

THE SUBMISSION WOULD INCLUDE A LIST OF BUILDING MATERIALS TO BE UTILIZED AS WELL.

SO THE LAST TOPIC IS, UH, SAFETY PROVISIONS.

SO AS, UM, MR. WASSER SAID THE COUNTY'S DEPARTMENT OF FIRE AND LIFE SAFETY, UH, REVIEWED THE PROPOSED ORDINANCE AND SENT US A LIST OF ADDITIONS TO INCLUDE YESTERDAY.

AND THESE ARE NOT INCLUDED IN THE STAFF REPORT OR THE PROPOSED RESOLUTION THAT YOU RECEIVED IN YOUR PACKET, BUT I PASSED OUT AN UPDATED RESOLUTION WITH THE ADDITIONS HIGHLIGHTED.

AND, UH, UNFORTUNATELY NO ONE FROM FIRE AND LIFE SAFETY IS ABLE TO BE HERE TONIGHT.

SO I'M GONNA GO OVER JUST THE PROVISIONS THAT YOU RECEIVED IN YOUR PACKET LAST WEEK.

SO SECTION Q REQUIRES AN EMPLOYEE EVACUATION PLAN TO BE SUBMITTED AND APPROVED TO THE COUNTY'S DEPARTMENT OF FIRE AND LIFE SAFETY SECTION R REQUIRES A HAZARDOUS MATERIALS PLAN TO BE SUBMITTED AND APPROVED BY THE COUNTY'S DEPARTMENT OF FIRE AND LIFE SAFETY AND SECTIONS W THROUGH Y ALL CONTAIN REQUIRED ACTIONS IN THE EVENT OF DATA CENTER CEASES OPERATIONS DATA CENTERS, HOUSE VALUABLE EQUIPMENT AND STORE LITHIUM ION BATTERIES AND OR FUEL FOR BACKUP POWER.

FOR THESE REASONS, AN ABANDONED DATA CENTER COULD POSE A PUBLIC SAFETY RISK AND CAUSE ENVIRONMENTAL CONCERNS.

THE ZONING ORDINANCE HAS SIMILAR REQUIREMENTS FOR SOLAR FARMS AND GAS STATIONS.

SO IF A DATA CENTER IS INACTIVE FOR 30 DAYS, OPERATORS MUST PROVIDE EVIDENCE TO THE COUNTY OF OPERATION OR A PLAN TO RESUME.

THE ZONING ADMINISTRATOR CAN ORDER THE EQUIPMENT TO BE REMOVED WITHIN 180 DAYS IF THE CENTER REMAINS NONOPERATIONAL OR SET A DEADLINE FOR IMPLEMENTING CORRECTIVE MEASURES.

IF A RESTORATION PLAN IS PROVIDED.

ADDITIONALLY, OWNERS OR LESSEES MUST SIGN A REMOVAL AGREEMENT APPROVED BY THE COUNTY ATTORNEY, WHICH REQUIRES THE EQUIPMENT TO BE REMOVED WITHIN 180 DAYS OF NOTICE BY THE COUNTY AND ALLOWS THE COUNTY TO REMOVE EQUIPMENT AT THE OWNER'S EXPENSE IF THEY DON'T REMOVE THE EQUIPMENT AS DIRECTED.

THIS AGREEMENT WILL BE RECORDED AT THE CIRCUIT COURT BEFORE BUILDING PERMITS ARE ISSUED.

SO THE PROPOSED ORDINANCE ALLOWS DATA CENTERS ONLY BY SPECIAL USE PERMIT IN THE ECONOMIC OPPORTUNITY LIMITED INDUSTRIAL AND GENERAL INDUSTRIAL ZONING DISTRICTS, AND MAKE THEM SUBJECT TO REFORMANCE STANDARDS THAT WILL ADDRESS THE POTENTIAL IMPACTS A DATA CENTER MIGHT HAVE ON THE SURROUNDING AREA.

A PROVISION REGARDING ENERGY USAGE ENSURES NEARBY RESIDENTS AND BUSINESSES HAVE ACCESS TO RELIABLE ENERGY.

IF A DATA CENTER IS ESTABLISHED, SEVERAL STANDARDS REGULATE WATER USAGE BY ENSURING WATER AVAILABILITY TO THE

[00:25:01]

SURROUNDING AREA AND REDUCING OVERALL WATER USAGE.

ADDITIONALLY, THERE ARE SEVERAL REGULATIONS DESIGNED TO UNDERSTAND THE POTENTIAL IMPACTS OF NOISE PRODUCED BY THE DATA CENTER AND TO REGULATE NOISE GENERATION WITH SOUNDPROOFING MEASURES AND RESTRICTIONS ON GENERATOR TESTING.

THE SETBACK AND BUFFER REQUIREMENTS WILL ADDRESS BOTH AUDIO AND VISUAL IMPACTS.

THE ARCHITECTURAL STANDARDS WILL, UH, ENSURE DATA CENTERS DON'T BECOME AN EYESORE.

FINALLY, THE PROPOSED SAFETY MEASURES WILL ADEQUATELY ADDRESS FIRE AND PUBLIC SECURITY CONCERNS.

NOW, THEREFORE, STAFF RECOMMENDS APPROVAL OF THIS APPLICATION SUBJECT TO THE CONDITION SET FORTH IN PROPOSED RESOLUTION NUMBER PC 24 DASH NINE.

THANK YOU.

I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

APPRECIATE THAT.

UH, ANY QUESTIONS FOR STAFF PLEASE, MR. CHAMBER? UM, SO I'VE GOT A FEW QUESTIONS.

UM, ECONOMIC OPPORTUNITY, DIDN'T WE GET RID OF THAT IN THE LAST COMPREHENSIVE PLAN OR IS IT STILL IN USE? WE DID NOT GET RID OF.

IT IS STILL IN USE.

IT'S STILL IN USE.

OKAY.

THAT'S MY MISTAKE THEN.

AND THEN THE OTHER QUESTION I'VE GOT CONNECTED TO A PUBLIC WATER SYSTEM THAT DOES NOT UTILIZE WELLS.

SO IN IN LIGHTFOOT IN PARTICULAR, NEWPORT NEWS, WATERWORKS SERVES THAT AREA WITH WELLS, BUT THERE'S ALSO A CONNECTION TO THE NEWPORT NEWS WATERWORKS MAIN SYSTEM.

SO DOES THAT THEN PROHIBIT ANY DATA CENTER IN YORK COUNTY BECAUSE NEER NEWS WATERWORKS USES WELLS AND THEY'RE PROHIBITED FROM CONNECTING TO A WATERWORKS? NO.

SO, UM, YOU'RE, YOU'RE RIGHT THAT THEY WOULD NOT BE ABLE TO CONNECT TO THE WELL WATER, BUT THEY COULD CONNECT IF THEY'RE ABLE TO, UM, TO THE NEWPORT NEWS, UM, IF THEY CAN USE A DIFFERENT SOURCE, THE RESERVOIR OR IF THEY CAN CONNECT TO THE WILLIAMSBURG, UM, WATER SOURCE AS WELL.

IS IS, IS THERE A WAY WE CAN MAKE THAT MORE CLEAR? UM, BECAUSE I'M, I'M JUST CONCERNED THAT DEPENDING ON HOW YOU INTERPRET THAT PARAGRAPH, YOU COULD SAY, WELL, WE'RE ONLY GONNA USE WATER AND LIGHTFOOT THAT COMES FROM NEW NEWPORT NEWS MAIN RESERVOIR, EVEN THOUGH IT'S, IT'S, IT'S ALL IN AIR CONNECTED SYSTEM.

AND SO LIKE IF WE CAN TO FIND A WAY TO HAVE SOME KIND OF CLARIFICATION IN THERE THAT, UM, I DON'T KNOW IF THE WATERWORKS COULD GIVE US SOME INFORMATION ON THAT OR, OR, OR WHAT, BUT I, I KNOW THERE WAS TALK OF RUNNING A LARGER, UM, WATER LINE TO THE LIGHTFOOT AREA AND I DON'T KNOW IF THAT HAPPENED AND, BUT I'M, I AM VERY CONCERNED AS HAVING A WHALE IN LIGHTFOOT THAT THESE DATA CENTERS DON'T TAKE WELL WATER.

UM, SO THAT'S, THAT'S MY BIGGEST ISSUE HERE IS TO MAKE SURE WE GET ALL OF US WHO USE WELL WATER COVERED UNDER THIS.

SO THAT'S MY ONLY TWO QUESTIONS.

ALRIGHT.

ANY OTHER QUESTIONS FOR STAFF? UH, THE ONLY QUESTION I HAD, UM, NOTHING ABOUT RESTRICTIONS OR IDENTIFYING HOURS OF OPERATION, WOULD IT BE ASSUMED THAT THIS IS A 24 7 TYPE OF OPERATION OR IS IT, AND I ASKED THAT SPECIFICALLY BECAUSE IN ONE OF THE SECTIONS IT TALKS ABOUT THE, UH, AFTER THE COMMENCEMENT OF OPERATION, I THINK THIS IS UNDER THE, UH, NOISE ORDINANCE.

UM, IF SOUND STUDIES MAY BE REQUIRED AFTER HOURS OF OPERATION, BUT IF IT'S A 24 7, HOW DOES THAT FIT INTO THAT? SO THE SOUND STUDY WOULD NOT BE REQUIRED A AFTER HOURS OF OPERATION, BUT IT WOULD BE AFTER THEY BEGIN OPERATING THE BUSINESS.

SO DATA CENTERS GENERALLY, UM, DON'T HAVE A LOT OF EMPLOYEES.

THEY MOSTLY RUN, UM, JUST AS A SERVER.

SO THEY DO USUALLY RUN 24 HOURS.

THAT'S WHY THE NOISE ORDINANCE IS WRITTEN THAT WAY.

UH, THE PROPOSED ORDINANCE.

BUT, UM, THEY, THEY DON'T HAVE A LOT OF STAFF THERE, SO WE DON'T HAVE ANY RESTRICTIONS ON RIGHT, RIGHT.

HAVING PEOPLE THERE NEED TO OPERATE 24 7 THOUGH.

RIGHT.

SO I DO WE NEED TO MODIFY THAT PERHAPS WHERE WE DON'T TALK ABOUT THE COMMENCEMENT OF OPERATION.

IF IT'S 24 7, THE COMMENCEMENT OF OPERATION IS TO SAY WHEN THEY BEGIN THE BUSINESS.

SO WHENEVER THEY'RE DONE BUILDING IT.

SO THAT'S THE START DATE.

YEAH.

WHEN THEY'RE DONE BUILDING IT AND THEN THEY OPEN THE DOORS AND NOW THEY'RE OPERATING.

I UNDERSTAND.

OKAY.

THANK YOU.

THAT CLARIFIES IT.

THANK YOU MR. CHAIRMAN.

ANY OTHER QUESTIONS FOR STAFF? COULD I HAVE YES, PLEASE.

ON THE GENERATORS, DO THEY HAVE REQUIREMENTS OF WHAT TYPE OF GENERATORS TO PUT IN? 'CAUSE THERE ARE GENERATORS THAT ARE HUGE GENERATORS THAT ARE NO LOUDER THAN A HEAT PUMP.

SO WE DON'T HAVE REQUIREMENTS FOR WHAT TYPE OF GENERATOR? NO, I'M JUST, JUST ASKING THAT QUESTION.

CAN THAT BE A REQUIREMENT? THAT'S YOUR PREROGATIVE? YEP.

I MEAN, I'M JUST, IF YOU WANT SOMETHING TO BE QUIET, I'VE SEEN THESE FACILITIES IN STERLING.

UH, I'VE BEEN TO THEM.

THEY'RE VERY STERILE.

THE BUILDINGS ARE VERY STERILE THEN.

BUT, UH, EVERYTHING IN STERLING, YOU KNOW, IS A LITTLE DIFFERENT THAN YORK COUNTY AND I JUST DON'T WANT YORK COUNTY TO LOOK LIKE STERLING .

YEAH, WE, WE PUT IN THE RESTRICTIONS FOR GENERATORS, ESPECIALLY THE ONE FOR TIME.

THEY'RE ONLY

[00:30:01]

ALLOWED TO DO TWO HOURS A DAY ONLY ON THE WEEKDAYS.

ONLY BETWEEN THESE A THREE HOUR WINDOW.

THAT'S, BUT THEY, BUT THEY'RE ALLOWED MORE LIKELY.

AND LIKE I SAID, YOU CAN GET QUIET GENERATORS, COMMERCIAL TYPE GENERATORS TO CUT THAT NOISE DOWN TO LIKE A HEAT PUMP.

AND I'M TALKING ABOUT HUGE ONES, YOU KNOW, JUST, JUST ASKING THAT QUESTION.

ABSOLUTELY.

ALRIGHT, UH, THANK YOU, UH, WITH THAT, UH, WE'LL OPEN THE PUBLIC HEARING AND, UH, WE HAVE NOBODY THAT SIGNED UP.

UH, WOULD ANYONE LIKE TO SPEAK ON THIS APPLICATION WITH THAT? I'LL USE THIS AGAIN AND CLOSE THE PUBLIC HEARING.

LET'S, LET'S, LET'S KEEP IT OPEN.

OKAY.

OH, OH, LET'S KEEP IT OPEN.

PUT GOOD POINT.

I CAN'T UNHA IT, SO YEAH, IT'S OKAY.

WE'LL JUST REVERSE.

OKAY.

SO I GUESS WE'LL, UH, WE'LL ASK FOR COMMISSIONER'S COMMENTS AND, UM, A DISCUSSION KIND OF, UH, AS WE TALKED BEFORE, WE, THE STAFF PRESENTED OF OUR OPTIONS TO, UH, TO DO THAT, UH, TO, UH, UH, MOVE, MOVE FORWARD WITH THIS.

SO, UH, MR. KRINER, DO YOU WANNA START? UH, I HAVE NO QUESTIONS ABOUT WHAT WAS PRESENTED TONIGHT.

THE QUESTIONS ARE ALL GONNA REVOLVE AROUND WHAT THE FIRE DEPARTMENT IS LOOKING AND SEEKING FOR, AND, UH, MY INCLINATION WOULD BE TO WAIT UNTIL I ACTUALLY GET TO TALK TO SOMEBODY AND GET TO, UM, REVIEW THEIR COMMENTS FURTHER BEFORE, UM, WE DECIDE ON WHAT TO DO.

OKAY.

MR. SMITH? I AGREE.

I MEAN THAT THERE'S A LOT OF INFORMATION HERE TO DIGEST THAT A LOT OF TECHNICAL, UH, REQUIREMENTS HAVE BEEN PLACED IN HERE.

AND I WOULD AGREE WITH THE STAFF THAT WE CONTINUE THIS TO GIVE US MORE TIME.

MR. RICK? YEAH, I AGREE THAT STAFF AND FAR NEED TO GET TOGETHER.

OKAY.

MR. CHAMBERLAIN? I HAVE NO TIME.

NO OTHER, NO OTHER TIME.

I AGREE.

IF YOU, YOU, SO I GUESS WHAT WE DO IS WE TAKE A MOTION VOTE ON THE MOTION TO CONTINUE THE, TO CONTINUE, CONTINUE THE THAT.

UH, AND WITH THAT, I, MY ONLY COMMENTS WOULD BE I THINK, UH, THE COMMENTS THAT WERE MADE TONIGHT, UH, OF JUST MAYBE LOOKING IF THERE'S WORK LANGUAGE TO PUT IN THERE THAT IT CAN'T EXCLUSIVELY RUN OFF A WELL OR, OR WHATEVER THE TERMINOLOGY WOULD BE.

UH, AND THEN, YOU KNOW, MAYBE JUST A LITTLE BIT OF, OF, YOU KNOW, RESEARCH INTO ARE THERE CERTAIN TYPES OF GENERATORS THAT WOULD BE, YOU KNOW, THAT WE WOULD AND COULD WE BE RESTRICTED? OF COURSE WE CAN, BUT UH, YOU KNOW, ARE THERE OTHERS THAT WE COULD PUT IN THERE? WOULD WE WANT TO PUT THAT LANGUAGE? SO WITH THAT, DO WE NEED TO PICK A DATE THAT WE WOULD CONTINUE TO YES, I WOULD SUGGEST, UM, SKIP YOUR NEXT MEETING.

GIVE US TIME, UH, BETWEEN NOW AND, UH, MAYBE SELECT THE NOVEMBER MEETING.

OKAY.

UH, THAT WAY IT GIVES US AN ADDITIONAL TIME TO WORK WITH FIRE AND LIFE SAFETY AND ANY OTHER INFORMATION AND TO PULL THIS OTHER INFORMATION TOGETHER SO WE DON'T HAVE TO TURN AROUND AN ORDINANCE SO QUICKLY FOR YOU.

ALRIGHT.

WITH THAT, I'LL TAKE A MOTION.

I'LL MOVE.

WE CONTINUE THIS, UH, PUBLIC HEARING UNTIL THE REGULAR PLANNING COMMISSION MEETING IN NOVEMBER OF 24.

THANK YOU.

ROLL CALL PLEASE.

THE MOTION BY MR. CHAMBERLAIN IS TO CONTINUE THE PUBLIC HEARING OF AMENDMENTS TO THE YORK COUNTY ZONING ORDINANCE AND TO ADD A DEFINITION TO SECTION TWO FOUR DASH ONE THROUGH 1 0 1 TO USE OF THE TABLE LAND USES IN SECTION 24.1 DASH 3 0 6 IN PERFORMANCE STANDARDS TO SECTION 24 DASH 4 8 8 4 DATA CENTERS TWO OH.

SO TWO OF THE NOVEMBER 13TH MEETING.

OH, THANK YOU .

WE JUST WANTED TO MAKE SURE THE DATE WAS IN THERE.

I KNOW IT'S A MOUTHFUL.

THANK YOU.

MR. BROOKS.

YES.

MR. KRINER.

YES.

MR. SMITH? YES.

MR. CHAMBERLAIN? YES.

MR. TITUS? YES.

MR. WASMER? YES.

MOTION PASSES.

THANK YOU.

UH,

[7. Old Business]

WITH THAT NEXT ITEM IS OLD BUSINESS AND I DON'T BELIEVE WE HAVE ANY, UH, NEW BUSINESS.

[8. New Business]

I DON'T BELIEVE WE HAVE ANY.

AND WITH THAT WE'LL

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

ASK FOR STAFF REPORTS.

WELL, STAFF WOULD, UH, WOULD REFLECT ON WHAT YOU'VE SAID EARLIER IN THE MEETING AND THAT WE'RE VERY EXCITED TO HAVE, UH, UH, SKIP BROOKS JOIN US HERE ON THE PLANNING COMMISSION.

HE WAS A, A GREAT COMMITTEE MEMBER DURING THE, UH, COMPREHENSIVE PLAN PROCESS THAT LASTED SEVERAL YEARS.

HE HA HE HUNG IN THERE AND, UM, HE'S WELL VERSED IN THE COMPREHENSIVE PLAN.

SO THEY COULDN'T HAVE PICKED, UH, SOMEONE BETTER TO BE PART OF THE PLANNING COMMISSION.

WE'RE VERY EXCITED AND HAPPY TO, TO HAVE SKIP ON, UH, ON THE PLANNING COMMISSION.

UH, I THINK MR. CROSS TRIED TO RECRUIT HIM SEVERAL YEARS BACK AND SO WE FINALLY GOT THAT TO HAPPEN.

UM, I'VE JUST, UH, TALKED ABOUT A FEW ITEMS ON THE DEVELOPMENT ACTIVITY REPORT.

UM, SO THE HOUSEKEEPING AMENDMENTS ARE, UH, COMING BACK FOR PUBLIC HEARING AT THE BOARD, UM, AT THEIR NEXT MEETING, SEPTEMBER 17TH, WHICH IS NEXT WEEK.

UH, THE HOPE IS THAT, UH, WE'LL BE ABLE TO MOVE APPROVAL OF THOSE.

UM, UH, THE BOARD LOOKED AT THEM AND, UH, MADE

[00:35:01]

SOME MINOR CHANGES.

NOTHING MAJOR THERE.

UM, BUT I THINK WE'VE GOT, WE'VE GOT THOSE READY TO GO.

ALSO, THEY'LL BE LOOKING AT THE HOME BASED BUSINESS ORDINANCE, UH, WHICH WAS REVISED BY STAFF.

UM, JUST, UH, KIND OF TAKING IT BACK TO ITS BARE BA BACK TO THE BASICS BASICALLY.

BUT, UM, I WOULD, UH, RECOMMEND TAKING A LOOK AT THAT IF YOU WANT TO.

AND IF YOU HAVE ANY COMMENTS ON THAT, JUST LET ME KNOW.

UH, THE BOARD RECENTLY APPROVED THE, THE TOBIN, UH, SHORT-TERM RENTAL OUT ON DEER PATH.

UM, THAT WAS APPROVED AT THEIR AUGUST 20TH MEETING, UH, FOR YOUR NEXT MEETING IN OCTOBER.

UH, WE'LL HAVE THE MARQUEE CROSSING.

YOU HAD ALREADY VOTED ON THAT PROJECT A FEW MONTHS AGO AND YOU HAD RECOMMENDED DENIAL UNANIMOUSLY.

UM, SO THEY WENT BACK AND TOOK YOUR COMMENTS INTO CONSIDERATION AND ARE GONNA BRING BACK A NEW PROPOSAL, WHICH HAS SOME PRETTY SIGNIFICANT CHANGES IN THE LAYOUT.

UM, UH, BUT IT'S BASICALLY, IT'S SIMILAR APARTMENTS AND COMMERCIAL.

UM, SO THEY'LL BE BRINGING THAT BACK TO YOUR OCTOBER MEETING.

UM, SO THAT, THAT'S THE TENTATIVE AGENDA FOR THAT MEETING.

UH, SOME OF THE SIGNIFICANT SITE PLANS I'D POINT OUT, UM, Q DADDIES WAS APPROVED.

UM, SO THEY HAVE THEIR SITE PLANS, SO, UH, WE'RE JUST WAITING ON THEM TO FILE FOR THEIR LAND DISTURBING ACTIVITY AND GET THEIR BUILDING PERMITS ALL SET AND THEY, WE SHOULD SEE SOME ACTIVITY ON THAT SITE.

UM, AND I WOULD SAY IN THE NEXT, NO, NO LATER THAN THE NEXT MONTH, AS LONG AS THEY'RE READY TO MOVE FORWARD WITH THAT.

UM, ANOTHER SITE PLAN YOU'D BE INTERESTED IN IS THE WILLIAMSBURG AREA TRANSIT AUTHORITY TRANSIT FACILITY THAT THEY HAD UP OFF OF, UM, OLD OR NOT OLD MOTOWN ROAD, BUT, UH, YES, OLD MOTOWN ROAD.

MOTOWN ROAD AND HORNER LANE.

UM, SO THAT, THAT, UH, SITE PLAN WAS APPROVED RECENTLY.

AND, UM, I'M NOT SURE WHEN THEY WERE GONNA START CONSTRUCTION, BUT THEY, THEY DO HAVE THEIR, UH, PRELIMINARY APPROVAL.

AND THEN THE OTHER ONE I WOULD POINT OUT BECAUSE, UM, I, YOU HAD CITIZENS COME TO YOUR MEETINGS ABOUT THIS, UM, SUBDIVISION, WHICH IS THE DEVELOPMENT PLAN FOR 1 48 FAULKNER ROAD.

UM, THEY DID DO A SECOND SUBMITTAL FOR THAT.

THAT'S AN EIGHT LOT SUBDIVISION THERE NEAR COUNTRY LANE, ALL FAULKNER, UH, RIGHT BEHIND DOD RV.

AND YOU HAD SEVERAL CITIZENS COME OUT, UM, CONCERNED ABOUT THAT SUBDIVISION, BUT THAT WAS NOT SOMETHING THAT WOULD ACTUALLY COME TO YOU AS AN APPROVAL 'CAUSE IT'S ADMINISTRATIVELY APPROVED THROUGH THERE.

BUT, UH, THOSE WOULD BE THE ONES THAT I WOULD, UM, WOULD POINT OUT TO YOU.

ALRIGHT, THANK YOU.

ANY QUESTIONS FOR STAFF? ALRIGHT, SO

[10. Committee Reports]

WE HAVE NO COMMITTEES, SO THERE ARE NO REPORTS,

[11. Commission Reports and Requests]

ANY REQUESTS FROM COMMISSIONERS.

ALRIGHT, WELL WITH THAT, UH, MR. KING, IF YOU'RE WATCHING, I'D LIKE YOU TO NOTE THE TIME .

AND, UH, WITH THAT, WE'LL ADJOURN.